Thursday, September 12 2019 18:01
Asya Balayan

Lawyers calls court to cancel any preventive measure against Robert  Kocharyan

Lawyers calls court to cancel any preventive measure against Robert  Kocharyan

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.

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