Saturday, September 1 2018 11:50

Robert Kocharian`s lawyers appealed to the Court of Cassation

Robert Kocharian`s lawyers appealed to the Court of Cassation

ArmInfo. "We appealed to the Court of Cassation of Armenia with a request for multilateral consideration of the complaint lodged with us to the Court of Appeal," the lawyer of the second RA President Robert Kocharian Hayk Alumyan told ArmInfo correspondent.  The lawyer noted that the Court of Appeal granted the lawyers' request and decided to release Robert Kocharyan. "However, out of four of our reasons, only one was granted - immunity, the court had to take into account the other three grounds, and that is why we appealed to the Court of Cassation," - Alumyan stressed.

 

It should be noted that on August 1, lawyers of the second president of Armenia Robert Kocharyan submitted to the Court of Appeal an appeal on the decision of the first instance court on arrest. During the court session, the appellate court was to consider two motions:  the first one - the cancellation of the decision of the first instance court and the release of Robert Kocharyan, the second - the petition of the lawyer Hayk Alumyan - to replace the arrest for release on bail. However, the court released Kocharyan, given the immunity of the ex-president. Recall that the second president of Armenia Robert Kocharyan was imprisoned on July 28.

 

 He was charged under Part 1 of Article 300.1 of the RA Criminal Code - overthrowing the constitutional order of the Republic of Armenia by preliminary collusion with other persons, which provides for deprivation of liberty from ten to fifteen years in the criminal case on dispersal of protest actions on March 1-2, 2008. On August 8, the Prosecutor General's Office of Armenia rejected a petition signed by more than 40 deputies to change the measure of restraint of Kocharyan, explaining this by the fact that at this stage of the investigation there are still grounds for arresting the retired president, and choosing a non-custodial preventive measure is not capable of guaranteeing the unimpeded progress of the investigation.

 

Nevertheless, on August 13, the Armenian Appeal Court granted the petition of the lawyers of ex-President Robert Kocharian and canceled the decision of the first instance court referring to the constitutional norm on the inviolability of the former heads of state. The defense did not exclude the complete closure of the criminal case on usurpation of state power in 2008. "The decision of the Armenian Criminal Court of Appeal is unlawful, the Criminal Court of Appeal went beyond its powers," the Special Prosecutor's Office said in response to the decision, the Prosecutor General's Office of Armenia filed a cassation appeal against the decision of the Court of Appeal on August 20 release of former Armenian President Robert Kocharian from the arrest, which was accepted for consideration by the Court of Cassation on August 21.

 

 Meanwhile, according to SSS head Sasun Khachatryan, if the cassation instance decides that Robert Kocharyan is not subject to criminal prosecution taking into account his presidential status, which, according to him, is absurd, since a person can not have absolute immunity in connection with his office, the issue will be taken to the next level - to the Constitutional Court. the lawyer Robert Kocharian - Hayk Alumyan, said that if the Court of Cassation of Armenia decides to re-arrest the second president - they will appeal to the European Court of Human Rights (ECHR).

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