Lawyer: The court refuses to release Kocharyan on the basis of the same rationales, on the basis of which Pashinyan was released at the time

Arminfo, Armenia
Feb 8 2019
Tatevik Shahunyan

ArmInfo. The trial on the case of choosing a measure of restraint against second president of Armenia Robert Kocharyan in the Court of Appeal took place within the  framework of the law, in contrast to the process that took place in a  court of general jurisdiction.

This was announced today at a press conference by Kocharyan's lawyer Hayk Alumyan. According to him, the judge was also elected within the law. "Initially, he perceived our  arguments, but, unfortunately, the verdict was later adopted with a  gross violation of the legislation of the country," said Alumyan. As  a justification of his words, he cited the argument that the current  Prime Minister Nikol Pashinyan who was passing in the same case and  another 6 people were once accused under the same article that now  Robert Kocharyan (the overthrow of the constitutional order). However  after the revision of the relevant article of the Constitution in  2009 (300.1), which tightened the punishment for this crime, these  seven were released. "Since criminal law prohibits toughening of  punishment for a person, if there was no such article at the time he  committed a crime. We emphasize that, according to the same logic,  the prosecution against Kocharyan should also be discontinued, since  in 2008, Article 300.1 of the Constitution did not work. However, the  prosecutor tells us that when the Pashinyan case was decided at the  time, the accusatory side had its position, we now have our own, and  we disagree with the above arguments. That is to say, there is a  biased interpretation of the laws and Constitution ",  Alumyan  outraged. He also considered it absurd the court's motivation to  arrest Kocharyan considering that the latter would obstruct the  investigation if released. "Kocharyan is constantly monitored by the  National Security Service officers, how he may interfere with the  investigation," said Alumyan.

Alumyan considered the version that Kocharyan could hide from the  investigation if released as absurd.  "He previously had many  opportunities for this, however Kocharyan voluntarily returned to his  homeland," he stressed.

According to Hayk Alumyan, in the case against Robert Kocharyan, the  accusation is based on the fact that the second president, before the  March 1 events during a speech to Yerevan State University students,  said:  There are only two options for the authorities: to wait for  the rallies to stop by themselves and the second to use force option  to stop the rallies. "This is the basis of the accusation, but the  question arises, what is his fault here, is there  a third option  that Robert Kocharyan didn't mention," said Alumyan, stressing that  even the investigative body does not admit that Kocharyan issued a  decree on the use of violence on March 1, 2008. "There is no such  provision in his accusation," the lawyer said, adding that Kocharyan  has not yet given testimonies and does not intend to do so, because  the charge is not clear to him.  The lawyer also said that Kocharyan  was allowed meetings, he continues to play sports in prison.