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 Tuesday, September 17 2019 11:29
Naira Badalian

Parliamentary faction My Step decided to begin the process of  terminating the powers of the Chairman of the Constitutional Court  Hrayr Tovmasyan

Parliamentary faction My Step decided to begin the process of  terminating the powers of the Chairman of the Constitutional Court  Hrayr Tovmasyan

ArmInfo.Parliamentary Faction <My step> decided to begin the process of terminating the powers of the chairman Constitutional Court (CC) Hrayr Tovmasyan. About this in  conversation with reporters said the head of the faction "My Step"  Lilit Makunts.

According to Vladimir Vardanyan, a member of the My Step faction, the  process is not related to the term of office of the chairman of the  Constitutional Court. <The fact is that one of the grounds for  terminating the powers of the chairman of the Constitutional Court is  a disciplinary violation. This process can be initiated by the NA  faction by appealing to the parliament with the corresponding draft  decision. After a secret ballot, the National Assembly decides to  appeal to the Constitutional Court. The final decision on this issue  is made by the Constitutional Court>, - said Vardanyan.

To the clarifying question, what does this disciplinary violation  mean. Vladimir Vardanyan noted that the statements of Vahe Grigoryan,  in particular, were not discussed, they were not affected at all.  Another justification, he said, is the close relationship of the  representative in the Kocharian case with Hrayr Tovmasyan, which may  cast doubt on the objectivity of the process. <We are talking about  Aram Orbelian, his statements. You will be familiarized with the  remaining justifications when the full package is ready>, the  parliamentarian said.

The process involves the submission of an appropriate statement to  the NA President, who sends it to the parent committee, and after the  final discussion it is sent to the National Assembly. The person in  respect of whom the process has been started is also invited to the  parliamentary discussions.

Speaking at the sitting of the National Assembly of the Republic of  Armenia, the Speaker of the Parliament Ararat Mirzoyan stated that  the National Assembly of Armenia, within the framework of its powers,  should express its position on the situation around the  Constitutional Court of the Republic of Armenia. According to him,  the appeals of the Constitutional Court to the Venice Commission and  the European Court of Human Rights, adopted on the basis of a  statement by Robert Kocharian, cannot but cause concern.   "Considering the situation that has arisen in and around the  Constitutional Court of the Republic of Armenia, I cannot but share  the public's concern about this," the speaker said, pointing  primarily to the decisions of the Constitutional Court of September  4. According to Ararat Mirzoyan, when considering the case on the  basis of the statement of Robert Kocharian and making his decision,  the Constitutional Court did not make this issue a subject of proper  discussion. Moreover, he rejected, without justifiable reason, a  statement by a judge of the Constitutional Court that it was  impossible for three members of the Constitutional Court to  participate in the consideration of the case, which indicates a clear  bias against the applicant, thereby casting doubt on ensuring an  impartial court. Already during his press conference in Vanadzor, the  Prime Minister of Armenia Nikol Pashinyan stated that the  Constitutional Court is a co- author of all the troubles of Armenia,  starting with the falsification of the election results since 1996,  and ending with the decision adopted on September 4. At the same  time, Nikol Pashinyan does not believe that the speaker's assessments  are political. The head of government stressed that many lawyers are  inclined to consider the September 4 decision made by the  Constitutional Court illegal. "Everyone knows why this decision was  made, who is the head of the Constitutional Court, through whom he  took this position, and whose interests he is called upon to serve,"  said Nikol Pashinyan. He added that the two judges of the  Constitutional Court are directly related to events 1-2 March 2008,  and it is not clear why they did not submit a recusation in the  course of the proceedings. "One thing is clear: the Constitutional  Court will no longer act against the interests of the people," the  head of the Armenian government said.

Recall, on September 4, the Constitutional Court of Armenia granted  the defense claim of Robert Kocharian - Article 35 of the RA Criminal  Code is recognized as unconstitutional, since it does not provide for  the functional inviolability of officials who are specially protected  by the Constitution, including circumstances that exclude criminal  proceedings 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. 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  country's main law. 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. It should be noted that Robert Kocharian was arrested  on charges of overthrowing the constitutional order.

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