Edward Fitzgerald, Doughty Street Chambers
– Could you please provide information on the current situation of the Kocharyan’s case in Strasbourg?
-The Kocharyan’s legal team have submitted two applications to the European Court of Human Rights. We have alleged that the President’s repeated detention is unlawful and unsubstantiated, and gave rise to violations of his rights under Articles 5, 6 and 18 of the Convention. The charges against Mr Kocharyan are vague and fabricated. It will be soon recognised that it is a politically motivated arrest and persecution. It will be very important not only for us, but also for the entire society in Armenia. Currently, we are working on another application to be lodged with the Strasbourg-based court, alleging that Mr Kocharyan is suffering a flagrant denial of fair trial, i.e., a flagrant denial of justice.
– What do you mean saying a denial of justice?
– There is sufficient evidence to show that the authorities have failed to provide general and specific guarantees under the Convention. The irregularities and lack of safeguards in the criminal proceedings undoubtedly constitute a denial of justice under the case law. Let me give you some vivid examples:
• the appointment of the appeal judge hearing the Kocharyan’s case in December 2018 was unlawful, manifestly contrary to the domestic legal provisions;
the individual judges have been influenced outside the judiciary, and from within (e.g., the well-known conversations between the Special Investigative Service and the National Security Service);
• the statements by Nikol Pashinyan and other officials infringing the presumption of innocence. They encouraged the public to believe Mr Kocharyan guilty and prejudge the assessment of the facts by the court;
• the principle of non-retroactivity has been infringed in the Kocharyan’s case (the famous Article 300.1 of the Criminal Code) which Article 7 of the Convention unconditionally prohibits;
• State-controlled media has initiated a virulent press campaign to affect adversely the fairness of the trial by influencing the public opinion and the Kocharyan’s presumption of innocence.
– Do you think the Case has political motives?
Let me be clear here. On 07 December 2018, the Court of Appeal rapidly issued an arrest warrant on the eve of the parliamentary elections…
Look, Mr Kocharyan has been detained on vague and fabricated charges and his detention was extended in order to punish him (vendetta) and to prevent his participation in any political processes. The authorities are intimidating and putting pressure on other persons with a view to obtaining information or other advantage to use against Mr Kocharyan. Certainly, his freedom has been deprived due to the existence of political motivation.
The prosecution and investigative authorities themselves were driven by ulterior motives. Finally, there is evidence that the courts were not sufficiently independent from the executive authorities.