ArmInfo. Robert Kocharyan's defense sent complaints to the office of the Ombudsman regarding the rights of the second president of Armenia. According to the office of the RA Ombudsman, the decision of the Human Rights Defender initiated the production of consultations, which, among other issues, included those that were voiced during the meeting with Robert Kocharyan himself. The office also informed that, they had received complaints related to Kocharyan's rights from a group of citizens.
"One of the protection issues raised is that the day after the first arrest of Robert Kocharyan on July 28, 2018, the investigator's decision imposed a ban on his visits and telephone conversations with close relatives, representatives of the media and other people, with the outside world In general, despite the fact that the ban was subsequently partially lifted, according to lawyers as a whole, the decision to ban is not lawful and has no reason to apply.
On this issue, the Ombudsman sent a letter to the RA Ministry of Justice with a request for clarification on the fact. Based on the analysis of these explanations, the Human Rights Defender sent an additional note to the Ministry of Justice with relevant justifications and proposals, "the Ombudsman's office said.
The next issue rose by the defense of Kocharyan and a group of citizens, according to the Ombudsman's office, concerned the illegality of using arrest as a preventive measure. "In addition, according to them, the immunity of Robert Kocharyan is ignored, court proceedings are constantly adjourned, hearings are not held, which in the first place violates his right to a fair trial and personal freedom. Lawyers note that their petitions to the court, including release from detention and release on bail are usually not considered by the court, and hearings are not scheduled, despite the fact that the process of replacing a judge has been successfully completed. However, it should be noted that the essence of the above issues is such that they can only be the subject of discussion by the courts, "the Ombudsman's office said in a statement, while recalling the powers of the human rights defender, which indicates the illegality of the Ombudsman's interference in court cases concerning the powers judges for specific cases.
The office of the Ombudsman stated that they did not intend to go beyond their authority on the issue that was voiced, but he would continue to remain under their close attention, as far as constitutional human rights were concerned.
Thirdly, the Ombudsman of Armenia examined in detail the decision of the Constitutional Court of September 4, according to the statement of Robert Kocharyan, where the court appointed both individual and general remedies. Without touching on individual remedies because they are in the jurisdiction of the court, the Ombudsman of Armenia assessed general remedies. "The general remedies established by the Constitutional Court are systemic in nature and relate or may relate, according to the court, to the elementary rights of officials, with special protection.
And consequently, the wording of the Constitutional Court on the obligations of the legislative body to establish clear regulations that, from the point of view of the functioning of the immunity, will allow for effective prosecutorial control and judicial supervision of pre-trial criminal proceedings, as well as, in addition to general requirements, also assess the legality of the use of arrest in relation to those who possesses immunity and in respect of whom criminal prosecution has been initiated. Therefore, this problem should be considered as a systemic problem that needs to be solved.
This applies not only to the resigned presidents, but is also more important for the human rights system of the country, since it also addresses the issue of the functional immunity of the Human Rights Defender, members of the National Assembly, judges and other officials enjoying special protection, "stated Ombudsman's office, adding that the above issues are in the focus of attention of the human rights defender.