"A1+" TO APPEAL TO CASSATION COURT AGAIN

/verdict
06:36 pm | February 23, 2010

Politics

With today’s decision, the Constitutional Court recognized the
Cassation Court’s ruling as illegal.

After examining the claim filed by "A1+" representatives, the
Constitutional Court reminded that it had already recognized a number
of articles of the Civil Trial Code as anti-constitutional and invalid,
including Part 1 of Article 204/28.

It was this article that "A1+" representatives had demanded to
recognize as anti-constitutional because it prohibited RA citizens
from exercising their right to defense in a trial and realizing the
verdicts reached by the European Court and the decisions of the CC.

The Constitutional Court also clarified that "A1+" had the right
to file an appeal to the Cassation Court to reconsider the previous
rulings of the latter.

Let us remind that after the European Court’s ruling on June 17, 2008,
"A1+" had appealed to the Cassation Court to restore its rights.

According to the right of the European Court, the best way of
restoring violated rights prescribed by the European Court’s verdict
is to restart the case at the national level, in other words, the
reconsideration of previous court rulings.

However, on February 19, 2009, the Cassation Court accepted the "A1+"
appeal as a case, examined it and refused to reconsider its judicial
acts of 2003.

The appeal to restart the case was denied according to Part 1 of
Article 204/28 of the RA Civil Trial Code.