CONSTITUTIONAL COURT STARTS EXAMINATION OF CASE ON DISPUTING PRESIDENTIAL ELECTION RESULTS
Noyan Tapan
March 5, 2008
YEREVAN, MARCH 5, NOYAN TAPAN. The RA Constitutional Court (CC)
on March 4 started examining the case on disputing the RA Central
Electoral Commission’s (CEC) "Decision No 24-A on Being Elected the
President of the Republic" of February 24, 2008 – based on applications
of presidential candidates Tigran Karapetian and Levon Ter-Petrosian,
the CC press service reported.
According to the same source, due to the fact that both applications
are related to the same issue, the two cases were joined and examined
at the same sitting of the CC under Article 39 of the RA Law on
Constitutional Court.
The sitting was opened by the CC chairman G. Harutyunian, who presided
over the sitting. The RA CEC is involved as respondent in the court
sitting which started by an oral procedure.
The RA prosecutor general’s office, the RA police adjunct to the
government and National Television and Radio Committee are involved as
co-respondents with respect to issues under their jurisdiction. The CC
involved the presidential candidate Serge Sargsian as a third person,
taking as a basis the application of the presidential candidate Serge
Sargsian of March 1, 2008 and being guided by Article 74 Part 5 of the
RA Law on Constitutional Court. The chairman of the National Assembly’s
Standing Committee of State and Legal Issues Davit Harutyunian and
lawyer Karen Petrosian participated as representatives of S. Sargsian
in the CC sitting.
Lawyer Pargev Ohanian, empowered person Artak Zeylanian, lawyer
Vahe Grigorian participated as authorized representatives of
L. Ter-Petrosian in the CC sitting. Ruzan Stepanian and Armen Ghazarian
were representatives of Tigran Karapetian. Members of the RA CC Henrik
Danielian, Felix Tokhian, Hrant Nazarian and Valery Poghosian were
appointed as rapporteurs on the case.
The person presiding over the sitting explained their rights and duties
to the participants of the court procedure and gave the floor to the
rapporteur on the case, CC judge Felix Tokhian. F. Tokhian presented
the case subject to examination, adding that in preparing the case
for examination, the CC required:
a) the RA Administrative Court to present the court acts adopted in
connection of the application-complaints filed on issues of the 2008
presidential election in Armenia,
b) the RA CEC to present copies of the reports on discussion of the
application-complaints of presidential candidates (their empowered
persons) concerning the RA presidential election, as well copies
of the decisions made and the answers given. It was also required
that information (by concrete polling stations) be presented on the
results of the recounting done based on the application-complaints of
presidential candidates concerning the February 19, 2008 presidential
election, as well as the reasons for not doing the recounting in
a polling station be presented – with indication of the polling
stations where recounting was not not done and the substantiation
for not doing so in case of availability of application-complaints,
c) the RA National Television and Radio Committee to present its
decisions made in connection with the application-complaints on issues
of the 2008 presidential election, as well as its steps taken to meet
the requirements of Article 20 Part 9 of the RA Electoral Code,
d) the RA prosecutor general’s office to present summary information
on measures taken to prevent election violations and the incidents
which took place in connection with the presidential election held
in Armenia on February 19, 2008,
e) the RA police adjunct to the government to present summary
information on measures taken to prevent offences related to the
February 19 presidential election and the incidents which took place.
The court made a decision on the order of examining the material of
the case.
The court observed a one minute silence in memory of the victims of
the March 1 events.
The applicant side presented petitions for ensuring the holding of
the court sitting in conditions of the state of emergency, as well
as for ensuring the presence of Levon Ter-Petrosian at the sitting
and the publicity of the CC sitting. After hearing the opinions of
the respondent and co-respondents on this issues, the CC decided that
in connection with the petitions filed, it considers the presence of
Levon Ter-Petrosian as applicant side at the sitting as legal. Since
the representatives of the applicant condition this circumstance by
the fact of the applicant’s not actually being at liberty, the CC
instructed the RA prosecutor general’s office to provide official
information about L. Ter-Petrosian’s real opportunity to exercise
the right of free movement. The deputy prosecutor general of the
RA A. Tamazian submitted an official certificate to the court,
according to which "in pursuance of the RA Constitutional Court’s
decision of March 4, 2008, I inform you that the RA presidential
candidate Levon Ter-Petrosian is not imprisoned, his right of freedom
of movement is not restricted, the institution of "house arrest" is
not envisaged by the legislation, and at his will he may be present
at the constitutional court."
In connection with the issue of ensuring the publicity of the court
procedure, the court decided, based on Article 22 Point 2 of the RA
Law on Constitutional Court that "the examination of the case may
be recorded and broadcast." It was announced that the CC will also
povide daily information.
The court also discussed a number of petitions presented by the same
side and made the respective decisions.
The applicant sides gave their explanations regarding the case
examination.
The representatives of the presidential candidate Levon Ter-Petrosan
will continue presenting explanations on March 5.
From: Emil Lazarian | Ararat NewsPress
