02 September 2018, 11:00
Kocharyan's defence asks court to supplement release decision
Advocates have lodged a complaint to the Court of Cassation of Armenia, indicating two grounds for the release of Robert Kocharyan, the second President of Armenia, which were not taken into account by the Court of Appeal.
The "Caucasian Knot" has reported that on August 13, the Court of Appeal cancelled the arrest of Robert Kocharyan, referring to his immunity as a former president of Armenia.
Kocharyan is accused of overthrowing the constitutional order in the context of the dispersal of protests in Yerevan. On August 4, 2018, he refused to testify.
Mass riots took place in Yerevan on March 1-2, 2008, after the dispersal of the rally of the opposition, which disagreed with the victory of Serzh Sargsyan at the presidential election. Then, Kocharyan introduced a 20-day state of emergency in the country, by prohibiting demonstrations and publication of reports from unofficial sources in mass media.
The complaint was lodged to the Court of Cassation in the evening on August 31, Aik Alumyan, one of the advocates, told the "Caucasian Knot" correspondent.
According to his story, Kocharyan's defence is protesting against the fact that the Court of Appeal in its decision took into account only one of the three grounds presented by advocates – the immunity, under which Robert Kocharyan was released.
As noted by Aik Alumyan, the Court of Appeal failed to take into account the part of the charge, according to which during the tragic events of 2008, instead of the approved state of emergency, the martial law was introduced, under which the Armed Forces were used, and a new structure of military command was formed, under the order of which military units were moved.
The second reason disregarded, in defence's opinion, by the Court of Appeal is the decree of the state of emergency, which the prosecution qualified as illegal.
"Only the Constitutional Court can establish legality or illegality of a decree. Investigators or courts have no right to make such assessments. Until the Constitutional Court gives its judgement, such charge is impossible," Aik Alumyan said.
This article was originally published on the Russian page of 24/7 Internet agency ‘Caucasian Knot’ on September 1, 2018 at 07:33 pm MSK. To access the full text of the article, click here.
Author: Armine Martirosyan; Source: CK correspondent