Thursday, September 5 2019 12:34

ArmInfo. To speak of a change in the preventive measure against Robert Kocharian, who has the status of the accused, is certainly premature. A similar opinion was  expressed by ArmInfo member of the National Assembly of Armenia from  the block "My Step" Gayane Abrahamyan.

"The decision of the Constitutional Court regarding the recognition  of the 35th article of the Criminal Code of Armenia as inconsistent  with the Constitution is by no means to release Kocharyan from  arrest. Even if it is final. In the absence of a complete text of the  decision, since we heard only its final part, even lawyers cannot  give its final interpretation, "she stressed.

In this light, the parliamentarian considers it necessary to wait for  the announcement of the full version of the decision of the  Constitutional Court containing the causal relationship. And then  draw the final conclusions. At the same time, Abrahamyan already  assesses this decision of the Constitutional Court as illegitimate,  given the partiality of at least four members of the Constitutional  Court because of their involvement in the "March 1 case" in which  Robert Kocharian is being charged as an accused. She also noted that  there were many problems in the COP itself.

"I can say that the" Kocharyan case "should not have come under  jurisdiction of the COP. Because through the entire three-stage  system of Armenian it never passed justice. Ex-president's lawyers  were supposed to to exhaust all the possibilities provided for by our  legislation and only then get to the cop. Especially in the  conditions of the presence of biased members of the Constitutional  Court in this case, "the deputy believes.  However, Abrahamyan  emphasized that this issue is and will continue to be exclusively in  the legal plane.  Noting that Kocharian's defense hopes to involve an  executive and the legislature, she noted the futility of such hopes,  and according to her, the decision will be made exclusively in the  legal plane.

On September 4, the Constitutional Court of Armenia partially  satisfied the claim of the defense, who was arrested on charges of  overthrowing the constitutional order, Robert Kocharian - Article 35  of the RA Criminal Code was declared unconstitutional and unlawful,  since it does not provide for the functional inviolability of  officials vested with special protection by the Constitution,  including circumstances excluding the proceedings in a criminal case  or criminal prosecution. "This article is found to be contrary to  clause 4 of part 1 of article 27, part 1 of article 61, part 1 of  article 63, articles 75 of the Constitution," the Constitutional  Court said. Thus, the court found Kocharyan's arrest  unconstitutional.

On the second appeal of Kocharyan's defense on the review of  compliance with the Constitution of Part 2 of Article 135 of the  Criminal Procedure Code of the Republic of Armenia, the  Constitutional Court recognized it as complying with the main law of  the country. This article challenged the constitutionality of the  institution of proceedings against him. Thus, the Constitutional  Court ruled that the verdicts adopted today, in accordance with part  2 of Article 179 of the Constitution, are final and come into force  from the moment they are published. At the same time, the chairman of  the Constitutional Court Hrayr Tovmasyan stated that the two judges  of the Constitutional Court - Arman Dilanyan and Felix Tokhyan have a  separate opinion, and the decision of the Constitutional Court will  be announced in full within three days.