Arminfo.info


 Tuesday, November 18 2025 15:30
Naira Badalian

Modified March 1 case charge to be sent to court soon - RA Prosecutor  General 

Modified March 1 case charge to be sent to court soon - RA Prosecutor  General 

ArmInfo.On November 18, during parliamentary hearings on "Reconsidering the March 1 Case," Prosecutor General Anna Vardapetyan described the actions taken by the Prosecutor's Office in this case from 2022 to the present, as part of the criminal prosecution and protection of state interests.

As a reminder, on March 1, 2008, following the February 19  presidential elections won by Serzh Sargsyan, unrest erupted in  Yerevan, culminating in clashes with law enforcement. The Armenian  opposition, led by first President Levon Ter-Petrosyan, who also ran  in the election, held rallies in central Yerevan beginning February  20, expressing dissatisfaction with the election results. On March  1-2, protests erupted into riots and clashes between protesters and  law enforcement, resulting in 10 deaths, including police officers,  and over 200 injuries of varying severity. On August 17, 2018, Nikol  Pashinyan declared that the case surrounding the events of March 1-2,  2008, in Yerevan had been fully resolved. However, to date, none of  those responsible have been held accountable for that crime.

Vardapetyan recalled that by a March 26, 2021, Constitutional Court  ruling, Article 300.1 of the Criminal Code (overthrow of the  constitutional order) was declared invalid and contrary to Articles  78 and 79 of the Constitution. Based on this decision, on April 6,  2021, the court of first instance terminated the criminal prosecution  of the defendants Robert Kocharyan (second President of the Republic  of Armenia), Seyran Ohanyan (former Minister of Defense of the  Republic of Armenia), and Yuri Khachaturov (former Deputy Head of the  Ministry of Defense of the Republic of Armenia) under Part 1 of  Article 300.1 of the previous Criminal Code, and Armen Gevorgyan  (former Deputy Prime Minister of the Republic of Armenia) under  Article 38-300.1 of the Criminal Code due to lack of corpus delicti,  and the criminal proceedings were therefore terminated. All appeals  against this decision were dismissed, and the decision of the court  of first instance of April 6, 2021, was upheld.

The Prosecutor General filed a cassation appeal against the Court of  Appeal's decision, requesting that the lower courts' decisions be  overturned and the criminal case remanded for a new trial. By a  ruling of the Court of Cassation dated March 18, 2022, the Prosecutor  General's cassation appeal was accepted for proceedings. By a ruling  of January 19, 2024, the Court of Cassation asked the Constitutional  Court to determine the constitutionality of several articles of the  former Criminal Procedure Code.

Furthermore, by a ruling of the Constitutional Court dated July 22,  2024, Part 3 of Article 309.1 of the former Criminal Procedure Code  was found to be constitutional in that the prosecutor has the right  to amend the charges brought against the defendant (the legal  classification of the act with which he is charged) before the court  leaves the deliberation room if the defendant's actions contain  elements of another act provided for by criminal law, regardless of  the examination of evidence during the trial. Based on the decision  of the Supreme Judicial Council on September 2, 2024, the powers of  the judge hearing the case were terminated, and the criminal case was  transferred to another judge of the Yerevan City Court of First  Instance of General Jurisdiction.

On September 12, 2024, the Court of Cassation overturned the April  16, 2021, decision of the Yerevan City Court of First Instance of  General Jurisdiction and the November 26, 2021, decision of the  Criminal Court of Appeals, upholding it, and referred the case to the  Anti-Corruption Court for a new trial. Among other things, the Court  of Cassation noted that, in light of the Constitutional Court's  decision of July 22, 2024, if the prosecutor deems the act committed  to be qualified under another article of the Criminal Code, they are  authorized to take steps to supplement or amend the charges.

On October 11, 2024, the state prosecutor issued a ruling amending  the legal assessment of the acts imputed to Robert Kocharyan, Seyran  Ohanyan, Yuri Khachaturov, and Armen Gevorgyan under Part 1 of  Article 300.1 of the Criminal Code adopted on April 18, 2003, and  charging them under the new Part 3 of Article 309 of the Criminal  Code adopted on April 18, 2003 (corresponding to Clause 5 of Part 2  of Article 441 of the current Criminal Code).

The court granted the state prosecutor a deadline of November 24,  2025, to prepare and submit the aforementioned rulings in accordance  with the requirements of the Criminal Procedure Code. The amended  charges will be presented to the court shortly.

On August 11, 2025, the Prosecutor General's Office filed a  retrospective lawsuit with the Anti-Corruption Court against Robert  Kocharyan, Armen Gevorgyan, Seyran Ohanyan, and Yuri Khachaturov,  demanding the recovery of 670 million drams reimbursed by the  Republic of Armenia as a share of their compensation.

Simultaneously, the Prosecutor General's Office filed a motion for  interim relief, requesting the seizure of the property of the  defendants Robert Kocharyan, Armen Gevorgyan, Seyran Ohanyan, and  Yuri Khachaturov in the amount of the claimed value of 670 million  drams. By a decision of the Anti-Corruption Court on August 13, 2025,  the lawsuit was accepted for proceedings, and the motion for interim  relief was granted.

On the same day, Anna Vardapetyan continued, August 11, 2025, the  January 30, 2020 decision to terminate the criminal prosecution  against Sasha Afyan, who had served as Deputy Chief of Police since  March 1, 2008, was overturned.

"In the March 1 case, it has been substantiated that Sasha Afyan,  appointed Deputy Chief of Police under the Government of the Republic  of Armenia on February 12, 2008, exceeded his official authority on  March 1, 2008, and, in collusion with others, organized the actions  of various police units, involving the use of violence and special  means, to disperse peaceful demonstrators holding a sit-in in Freedom  Square in Yerevan, and subsequently to prevent their gatherings,  potential demonstrations, and gatherings in central parts of the  city, thereby causing significant harm to the rights and legitimate  interests of citizens, as well as the legitimate interests of society  and the state," she noted.

According to her, the Prosecutor General's decree states: "On the  evening of February 29, 2008, Chief of Police Hayk Harutyunyan  convened a meeting at which he ordered unit commanders to disperse  peaceful demonstrators in Yerevan's Freedom Square and to prohibit  any further gatherings there. Following the meeting, on the night of  February 29-March 1, Deputy Chief of Police Sasha Afyan, in a tense  atmosphere, assembled the officers of the said regiment at the  Special Operations Department of the Yerevan Police Department. He  then ordered the regiment's leadership to arm its personnel with riot  gear and transfer them to the said square to disperse the peaceful  demonstrators holding a sit-in in Freedom Square."

Around 6:30 AM, approximately 1,200 police officers, including  officers from the Special Police Regiment of the Yerevan Police  Department, were deployed in the streets adjacent to Freedom Square.  Following this, officers from the Special Police Regiment of the  Yerevan Police Department, organized by Sasha Afyan, entered the  square. Without grounds for the use of physical force and special  means, as stipulated by Article 29 of the RA Law "On Police," clearly  exceeding their authority, which was accompanied by the illegal use  of violence (physical force) and special means, dispersed hundreds of  peaceful protesters holding a sit-in and forcibly removed them from  the square. Simultaneously, other police units, in order to prevent  further gatherings and gatherings of citizens in the square, blocked  Freedom Square and prevented citizens from entering. Following the  forcible evacuation of protesters from Freedom Square, police forces  organized by Sasha Afian and others continued to pursue citizens in  central districts of the city using violence and riot gear,  suppressing gatherings, potential demonstrations, and rallies. As a  result of police actions in Freedom Square and adjacent streets, more  than three dozen citizens sustained minor and moderate injuries,  causing significant harm to the rights and legitimate interests of  citizens, as well as the legitimate interests of society and the  state. On October 26, 2019, a decision was made to charge Sasha Afian  under Part 2 of Article 38-309 of the Criminal Code, and he was  charged the same day. Article 309 of the Criminal Code, adopted on  April 18, 2003, provides for criminal liability for intentional  actions of an official that clearly exceed the scope of his authority  and cause significant damage to the rights and legitimate interests  of citizens, organizations, or the legitimate interests of society or  the state (in the case of property damage, an amount exceeding five  hundred minimum wages established at the time the crime was  committed, or its value). Part 2 of the article provides for the  qualification of the crime , that is, the same act  accompanied by the use of violence, weapons, or special means. The  Prosecutor General's resolution also stated:

Having established that the exercise of official powers by the  accused Sasha Afyan with the use of violence, weapons or special  means ceased on March 1, 2008, in connection with which the statute  of limitations for bringing Sasha Afyan to criminal responsibility,  established by paragraph 3 of Part 1 of Article 75 of the Criminal  Code adopted on April 18, 2003, expired, the investigator in charge  of the proceedings, Deputy Head of the Department for the  Investigation of Corruption, Organized and Official Crimes of the  Special Investigative Service Hrachya Mushegyan, on January 30, 2020,  issued a ruling to terminate the criminal prosecution initiated  against Sasha Afyan in the criminal case under Articles 38-309 of  Part 2 of the Criminal Code adopted on April 18, 2003, due to the  expiration of the statute of limitations for bringing Sasha Afyan to  criminal responsibility. The prosecutor overseeing the legality of  the preliminary investigation in this criminal case did not overturn  the aforementioned decision, thereby confirming its legality.

"According to the Prosecutor General's decision, the investigator in  charge of the proceedings, on January 30, 2020, to terminate the  public criminal prosecution initiated against Sasha Afyan under Part  2 of Article 309 of the Criminal Code of the Republic of Armenia,  adopted on April 18, 2003, and the procedural act of the supervising  prosecutor refusing to terminate it, are unlawful and unfounded and  subject to cancellation," Vardapetyan emphasized.

According to her, the Prosecutor General's decision, in addition to  national legislation, international documents, and the European Court  of Human Rights' decision in the case of Mushegh Saghatelyan v.   Armenia, is based on the Court of Cassation's ruling of December 23,  2023, which held that, since at least August 1, 2003, the effective  date of the Criminal Code of the Republic of Armenia, adopted on  April 18, 2003, there has been a legislative prohibition on the  application of statutes of limitations to cases of torture or similar  treatment, including abuse of office.

Therefore, the Prosecutor General noted, Sasha Afyan was charged with  an act amounting to torture, and, therefore, the public criminal  prosecution initiated against Sasha Afyan could not be suspended due  to the legislative prohibition on the application of statutes of  limitations. "This incident will soon be sent to court with an  indictment," Vardapetyan concluded.  

POST A COMMENT
Input digits     

News
French historian`s new book French historian`s new book "Ending the Genocide: Mustafa Kemal and  the Destruction  of Surviving Armenian and Greek," to be presented in  Yerevan
New charges brought against Gyumri MayorNew charges brought against Gyumri Mayor
Mamijanyan: Upcoming elections are crucial for ArmeniaMamijanyan: Upcoming elections are crucial for Armenia
 Russia is counting on holding the next Russia is counting on holding the next "3+3" meeting in Baku or  Yerevan
Armenian security forces conduct searches at Armat MediaArmenian security forces conduct searches at Armat Media
0% Commission on Leveraged Share Purchases via the ARARATBANK Trading Platform0% Commission on Leveraged Share Purchases via the ARARATBANK Trading Platform
Robert Kocharyan: Peace treaty with Azerbaijan will include  guarantees for peaceRobert Kocharyan: Peace treaty with Azerbaijan will include  guarantees for peace
Political analyst: Two states interested in destabilizing the  situation in ArmeniaPolitical analyst: Two states interested in destabilizing the  situation in Armenia
"Fair Vote": Unlawful campaigning tops pre-election violations
"Strong Armenia": Samvel Karapetyan`s programs will end extreme  poverty in the country
Poll: Only about a third of respondents in Armenia to vote for  Pashinyan`s party in parliamentary electionsPoll: Only about a third of respondents in Armenia to vote for  Pashinyan`s party in parliamentary elections
Former Armenian Minister of Transport and Communications detainedFormer Armenian Minister of Transport and Communications detained
Edmon Marukyan: 1.7mln people must go to polls, and this government  will be crushedEdmon Marukyan: 1.7mln people must go to polls, and this government  will be crushed
In Armenia, about 50% of respondents ready to take to streets if  parliamentary elections rigged - poll In Armenia, about 50% of respondents ready to take to streets if  parliamentary elections rigged - poll 
Armenian authorities have turned country into center of a  geopolitical struggle - Samvel Karapetyan Armenian authorities have turned country into center of a  geopolitical struggle - Samvel Karapetyan 
One Shot International Short Film Festival to be held in Yerevan June  8 to 15One Shot International Short Film Festival to be held in Yerevan June  8 to 15
Armenia determined to hold elections in accordance with democratic  principles - NA speaker Armenia determined to hold elections in accordance with democratic  principles - NA speaker 
RA Prosecutor`s Office files suit demanding invalidation of RA  government`s decision to alienate Ararat Cement PlantRA Prosecutor`s Office files suit demanding invalidation of RA  government`s decision to alienate Ararat Cement Plant
Karapetyan to Pashinyan: Karapetyan to Pashinyan: "If CSTO isn`t working, leave this  structure"
Expert: Pashinyan is finished if most voters go to pollsExpert: Pashinyan is finished if most voters go to polls
It is up to Armenia to decide what kind of jam it will make - RF  vice-premier It is up to Armenia to decide what kind of jam it will make - RF  vice-premier 
RA Human Rights Defender draws EU ambassadors to problem of applying  detention as preventive measure during election process RA Human Rights Defender draws EU ambassadors to problem of applying  detention as preventive measure during election process 
Robert Kocharyan: Vendetta not way to lead country out of crisisRobert Kocharyan: Vendetta not way to lead country out of crisis
RA Investigative Committee reports arrest of ex-ministers RA Investigative Committee reports arrest of ex-ministers
Russia again warns Armenia against following Ukraine`s pathRussia again warns Armenia against following Ukraine`s path
General Khachatryan faces new charges - lawyerGeneral Khachatryan faces new charges - lawyer
Wings of Unity party leader does not rule out cooperation with Strong  Armenia and Armenia blocs if they enter parliamentWings of Unity party leader does not rule out cooperation with Strong  Armenia and Armenia blocs if they enter parliament
Lavrov: Armenia being tested by choosing between EAEU and EULavrov: Armenia being tested by choosing between EAEU and EU
The international exhibition and fair «Türkmentextile Expo - 2026» has opened in AshgabatThe international exhibition and fair «Türkmentextile Expo - 2026» has opened in Ashgabat
Customer Appreciation Day in Gyumri: IDBankCustomer Appreciation Day in Gyumri: IDBank
Russia and Azerbaijan have developed very good and cordial relations, Putin saidRussia and Azerbaijan have developed very good and cordial relations, Putin said
"Russia will maintain normal relations with Armenia, whatever decision the country makes regarding its future path," Putin said
Gagik Tsarukyan: Armenian people desire changeGagik Tsarukyan: Armenian people desire change
 Kocharyan accuses Armenian authorities of filling election campaign  with `poison and lies` Kocharyan accuses Armenian authorities of filling election campaign  with `poison and lies`
ANC-Realizing impending defeat in upcoming Elections, authorities  attempt to pre-determine outcome through force and violenceANC-Realizing impending defeat in upcoming Elections, authorities  attempt to pre-determine outcome through force and violence
Third and final round of Third and final round of "Armenia Elects" TV debates to take place  tonight at  Karen Demirchyan Sports and Concert Complex
Archbishop Bagrat Galstanyan placed under house arrestArchbishop Bagrat Galstanyan placed under house arrest
Criminal case initiated against 37 individuals for assisting Strong  Armenia Party board memberCriminal case initiated against 37 individuals for assisting Strong  Armenia Party board member
Kocharyan: We go to elections with proven experience and lessons  learnedKocharyan: We go to elections with proven experience and lessons  learned
Europe stands in solidarity with Armenia in the face of the economic  coercion by Russia- European CommissionerEurope stands in solidarity with Armenia in the face of the economic  coercion by Russia- European Commissioner
Ursula von der Leyen: EU preparing assistance package for Armenia  including immediate financial assistance of over EUR 50 millionUrsula von der Leyen: EU preparing assistance package for Armenia  including immediate financial assistance of over EUR 50 million
CEC once again reminds: Election commission members strictly  prohibited from campaigningCEC once again reminds: Election commission members strictly  prohibited from campaigning
Suren Papikyan does not rule out that Armenian citizens arriving from  Russia for elections may be  given summonses for military training  camps Suren Papikyan does not rule out that Armenian citizens arriving from  Russia for elections may be  given summonses for military training  camps 
Armenian CEC representative outlines parliamentary election  preparations to IOF Observation Mission DelegationArmenian CEC representative outlines parliamentary election  preparations to IOF Observation Mission Delegation
IPA CIS international observers begin short-term monitoring of  parliamentary electionsIPA CIS international observers begin short-term monitoring of  parliamentary elections
Kocharyan: Pashinyan was found guilty and convicted across  three Armenian court instances for the March 1, 2008 eventsKocharyan: Pashinyan was found guilty and convicted across  three Armenian court instances for the March 1, 2008 events
Gagik Tsarukyan will not participate in tonight`s Publiv TV debate of  top party candidates - TonoyanGagik Tsarukyan will not participate in tonight`s Publiv TV debate of  top party candidates - Tonoyan
Kocharyan: Armenia`s CSTO Membership allowed it to acquire weapons  below market value; forfeiting this opportunity is unwiseKocharyan: Armenia`s CSTO Membership allowed it to acquire weapons  below market value; forfeiting this opportunity is unwise
Lawyer: Armenian authorities are moving toward rigging the country`s  parliamentary electionsLawyer: Armenian authorities are moving toward rigging the country`s  parliamentary elections
Solis CJSC, managed by Amber Capital and combining a portfolio of solar power plants,  issues bondsSolis CJSC, managed by Amber Capital and combining a portfolio of solar power plants, issues bonds
Zakharova: Perhaps Yerevan has overeaten Russian carrots and  already  developed an allergy?Zakharova: Perhaps Yerevan has overeaten Russian carrots and  already  developed an allergy?
MFA: Russia does not intend to pay for consequences of Armenia`s  steps toward European integrationMFA: Russia does not intend to pay for consequences of Armenia`s  steps toward European integration
Marukyan: Current Prime Minister bears personal responsibility for  attacks on opposition membersMarukyan: Current Prime Minister bears personal responsibility for  attacks on opposition members
Zakharova: Russia does not intend to foot the bill for Armenia`s  integration into the EUZakharova: Russia does not intend to foot the bill for Armenia`s  integration into the EU
Gegham Manukyan: Pashinyan`s party turns 25-day military training for  reservists into tool of punishmentGegham Manukyan: Pashinyan`s party turns 25-day military training for  reservists into tool of punishment
Searches at ARF office in Gyumri and apartments of Armenia bloc  associatesSearches at ARF office in Gyumri and apartments of Armenia bloc  associates
Russia not to support Yerevan within EAEU if it continues its path toward EU - RF vice-premierRussia not to support Yerevan within EAEU if it continues its path toward EU - RF vice-premier
Armenia-Azerbaijan conflict ended - Marco RubioArmenia-Azerbaijan conflict ended - Marco Rubio
Armenian ex-president reiterates need to launch railway through AbkhaziaArmenian ex-president reiterates need to launch railway through Abkhazia
RA Government announces summer conscription for mandatory military service in 2026 and demobilizationRA Government announces summer conscription for mandatory military service in 2026 and demobilization
Read more



Commented