DEFENDANTS ON "CASE OF SEVEN" CONSIDER THAT NEW LEGISLATIVE AMENDMENTS CONTRADICT CURRENT LEGISLATION’S OTHER PROVISIONS

Noyan Tapan

M arch 4, 2009

YEREVAN, MARCH 4, NOYAN TAPAN. According to the estimation of
the defendants on the so-called "case of the seven," the last
amendments to the legislation contradict other legislative
provisions, therefore they can be used only after parliament’s
correcting those contradictions. Defendant, former Foreign Minister
Alexander Arzumanian, in particular, declared this at the March 4
court sitting. According to him, by the amendments to the RA Code
of Criminal Procedure, the provision of sending away defendants from
the court hall for treating the court with disregard, hindering court
sittings’ normal process or not executing court’s orders contradicts
the same Code’s article, which stipulates that sides’ participation
in the court sittings is compulsory.

A. Arzumanian’s lawyer Liparit Simonian on the basis of the newly
appeared circumstanace introduced a regular petition of self-rejection
to judge Mnatskan Martirosian. In particular, lawyer’s petition was
based on judge Mnatsakan Martirosian’s 2009 February 27 decision,
by which on the basis of the amendments to the RA Code of Criminal
Procedure, before the amendments come in force, the case was passed
from Yerevan Criminal Court to Yerevan Kentron and Nork-Marash
communities’ court. The defence side considers that before starting
the case examination the court chairman should have endorsed the
case to the judge and the latter should have made a decision on
accepting the case for examination. L. Simonian consisers that the
judge is interested in the outcome of the case: he considered the
case his ownership appointing himself a presiding judge on the case
and deciding the day of the next court sitting.

Melania Arustamian, the lawyer of defendant, NA deputy Hakob Hakobian,
added that in consideration of the above mentioned, since making the
decision up to the present the defendants on the case are in illegal
imprisonment. The defendants joined the petition.

The prosecutor side considered the petition groundless.

The court went the consultation room to make a decision on the
petition.

From: Emil Lazarian | Ararat NewsPress