ArmInfo. Lawyer of the second President of Armenia Robert Kocharyan, Aram Orbelyan, filed application for revocation the criminal prosecution of the client and to cancel the preventive measure on the basis of the decision of the Constitutional Court on September 4.
<According to Article 3 of the Constitution of the Republic of Armenia, respect and protection of the fundamental rights and freedoms of man and citizen are the duties of the public authorities, that is, including the court, it is obliged to take all possible measures to exclude or, if it has already happened, eliminate the violation of the rights provided for the Constitution and other laws of the individual and citizen>, said Orbelyan, adding that according to the article, the authorities are obliged to immediately eliminate violations of the rights of a citizen provided for by the Constitution.
According to the lawyer, the legislative vacuum has not yet been filled, the second president should be immediately released.
Another lawyer Aram Vardevanyan, referring to the decision of the Constitutional Court of September 4, noted: <The decision of the Constitutional Court refers to a precedent of the European Court, which states that if the quality of the law is imperfect, for example, in legislative conditions, the arrest is a violation of the law from the point of view of the article 5 of the European Convention, and I also want to state that this is an obvious reality, that for those endowed with functional integrity, our Criminal Code did not provide for the possibility of procedural and structural protection, constitutional I also did not provide these guarantees sufficiently, but today we have such a situation that in the conditions of these legislative gaps there is a preventive measure applied, there is an arrest, which in itself implies a violation of the Constitution, I ask you to cancel the preventive measure in the form of detention any preventive measure>, Vardevanyan said.
The lawyer recalled that the Constitutional Court found the provision contrary to the Constitution, according to which the inviolability of a person is not regulated among circumstances precluding criminal prosecution.
In turn, the prosecutor Gevorg Baghdasaryan said that the acts incriminated to Robert Kocharyan did not affect his functional integrity, that is, they could not be considered as arising from the status of the president, therefore, Kocharyan could not be released on the basis of the decision of the Constitutional Court.
Presiding Judge Anna Danibekyan reported that the court received 2 motions regarding the preventive measure against the former president. One of them is to allow the use of bail in relation to Kocharyan, to select a measure of restraint in respect of the accused, not related to being in captivity.
Then, Kocharyan's lawyers petitioned for an immediate suspension of the criminal prosecution of Kocharyan on the basis of the decision of the Constitutional Court of September 4 and the immediate elimination of the preventive measure chosen against the second president of Armenia. They stated that the second application should be considered as a matter of priority.