ADVOCATES FILE ANOTHER MOTION

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[05:28 pm] 04 March, 2009

Under a recent structural reform of the Armenian judiciary approved
by the parliament, the Criminal Procedure Code and other specialised
tribunals have been disbanded and replaced by general courts of
first instance. The change took effect on March 1 and meant that the
so-called "case of the seven" would be taken up by the court of first
instance of Yerevan’s Kentron and Nork-Marash districts.

Despite that, the Criminal Court of Shengavit district continued the
trial on Wednesday, March 4.

The judge in the case, Mnatsakan Martirosyan came forth with
clarifications about the amendments to Criminal Procedure Code under
which defendants can be removed from the courtroom in case they
demonstrate disrespect for the Court.

The Judge’s statement aroused protest among the defendants. Jailed
former foreign minister Alexander Arzumanyan began enumerating the
contradictions in the Code caused by the amendments.

Arzumanyan noted that this conflicted with Article 23 of the Code
which states that the presence of all parties to an ongoing court
case is mandatory. Thus he declared that the court must abide to
Article 23 since contradictory changes introduced complicate rather
than ameliorate matters.It appeared that Judge Martirosyan was unable
to clarify the apparent contradiction in the Code.

You ignore the Code. We suggest fixing all contradictions and
applying to the National Assembly. Upon the Prosecutor’s request the
National Assembly introduced amendments to the Code but I see numerous
contradictions. Our illiterate MPs have exposed the Court to danger,"
said .

Another defendant, parliament deputy Miasnik Malkhasyan said:
"Probably you are short of time and cannot study the amendments. You
have been transferred to another court and we advise you to seize
the opportunity and tender a resignation."

After the defendants’ speeches the advocates motioned for the Judge’s
resignation. The motion was supported by the relatives of the March
1 victims.

Koryun Piloyan, the chief trial prosecutor, backed the judge and
accused the oppositionists and their lawyers of deliberately dragging
out the proceedings.

Judge Martirosyan called a two hour recess to examine and pass sentence
on the motion made by Advocate Simonyan.

After the recess the Judge went ahead with the trial and removed
defendants Shant Harutyunyan and Alexandre Arzumanyan for intervening
with the court hearing and showing disrespect for the Judge. Before
that, Harutyunyan had announced that in case something happens to
his family the Russian services are to be blamed.

The Judge’s decision was followed by the defendants’ calls for the
Judge’s recusal. Ignoring their protests, Jadge Martirosyan made a
decision to adjourn the trial till March 9.