Wednesday, Prosecutors To Appeal Against Kocharian Trial Suspension • Ruzanna Stepanian Armenia -- Prosecutor-General Artur Davtian (C) at the opening session of former President Robert Kocharian's trial in Yerevan, May 13, 2019. Armenian prosecutors have decided to appeal against a judge’s controversial decision to suspend former President Robert Kocharian’s trial and request an important clarification from the Constitutional Court. In his decision publicized on Tuesday, the district court judge presiding over the trial, Davit Grigorian, cited a “suspicion of discrepancy” between the Armenian constitution and coup charges brought against Kocharian. He also suggested that the constitution gives the ex-president immunity from prosecution in connection with the 2008 post-election violence in Yerevan. The decision was condemned by lawyers representing relatives of protesters killed in the March 2008 clashes with security forces. One of them said the Constitutional Court must not take up the case because he is legally unable to appeal against the judge’s decision. The Office of the Prosecutor-General clarified later on Tuesday, however, that Armenia’s Code of Procedural Justice allows it to file such an appeal. A spokesman for the office said it will therefore ask the Court of Appeals to annul the trial’s suspension. One of Kocharian’s lawyers, Aram Orbelian, insisted on Wednesday that while the prosecutors can challenge the judge’s decision, the Court of Appeals is not in a position to overturn it. “Under the existing legislation, the Court of Appeals has no right to look into the justifications for the [judge’s] appeal to the Constitutional Court,” Orbelian told RFE/RL’s Armenian service. He predicted that the Court of Appeals will therefore rebuff the prosecutors. “It cannot say in place of the Constitutional Court whether a particular law conforms to the constitution,” he said. Armenian law gives the Constitutional has one month to decide whether to hold hearings and rule on the appeal. Orbelian confirmed reports that the court chairman, Hrayr Tovmasian, is his godfather. He said this fact does not represent a conflict of interest. “I am simply one of the lawyers in this case,” added Orbelian. “I am not the defendant or prosecutor. The case does not apply to me.” The prosecutors are also planning to appeal against Judge Grigorian’s separate decision on Saturday to release Kocharian from custody pending the outcome of the trial. The decision angered many political allies and supporters of Prime Minister Nikol Pashinian, who hold Kocharian responsible for the 2008 bloodshed. At Pashinian’s urging, they blocked the entrances to court buildings across the country on Monday.The premier also called for a mandatory “vetting” of all judges and said many of them should quit even before the start of such a process. Council Of Europe Chief Discusses Judicial Reform With Pashinian France -- Council of Europe Secretary General Thorbjorn Jagland (R) and Armenian Prime Minister Nikol Pashinian at a joint news conference in Strasbourg, April 11, 2019. Council of Europe Secretary General Thorbjorn Jagland and Prime Minister Nikol Pashinian discussed recent days’ developments in Armenia in a phone call on Wednesday. “They agreed that the reform process, including the fight against corruption and the reform of the judiciary, should proceed in conformity with the Constitution, the relevant international standards and Armenia's obligations as a member state of the Council of Europe,” the Strasbourg-based human rights organization said in a statement. “Secretary General Jagland confirmed the organization’s support to Armenia’s reform agenda,” it said. “A delegation of Council of Europe experts will travel to Yerevan in the next days to offer advice and assistance with the necessary reforms.” Pashinian’s press office released an identical readout of the conversation. The two men spoke by phone one day after two representatives of the Council of Europe’s Parliamentary Assembly (PACE) expressed concern at Pashinian’s weekend calls for his supporters to block the entrances to all court buildings in Armenia. They at the same time welcomed Pashinian’s declared efforts to reform the Armenian judiciary. “Political stakeholders must refrain from actions and statements that could be perceived as exerting pressure on the judiciary,” read a joint statement released by Yuliya Lovochkina and Andrej Sircelj, the PACE co-rapporteurs monitoring Armenia’s compliance with its membership obligations. ARMENIA -- Supporters of Prime Minister Nikol Pashinian are watched by police as they blockade the entrance to a court building in Yerevan, May 20, 2019 Lovochkina and Sircelj noted that Pashinian urged the court blockade following a Yerevan court’s controversial decision to order former President Robert Kocharian released from prison pending the outcome of his trial on coup charges denied by him. “Without prejudice to the merits of this decision, we wish to emphasise that the independence of the judiciary is a pre-requisite for the rule of law, and that the rule of law is therefore best served by the absence of any interference from political actors,” they said. “There are clear legal procedures, such as appeals to a higher court, to challenge a court decision that seems questionable.” The PACE co-rapporteurs at the same time acknowledged “the still low level of public trust in the judiciary” in Armenia. “Judicial reforms remain a priority and we welcome Prime Minister Nikol Pashinian's stated desire for far-reaching reform of the judicial system, particularly with regard to the fight against corruption, as well as his wish to associate the Council of Europe with it,” they added. The court blockade, condemned by the Armenian opposition as illegal, began on Monday morning. It ended a several hours later, shortly after Pashinian held an emergency meeting with senior state officials to announce a “surgical intervention” in the judicial system. He said Armenian courts remains closely linked to the country’s “corrupt” former leaders. The premier announced plans for a mandatory “vetting” of all judges and said many of them should quit even before the start of such a process. Council Of Europe Chief Discusses Judicial Reform With Pashinian France -- Council of Europe Secretary General Thorbjorn Jagland (R) and Armenian Prime Minister Nikol Pashinian at a joint news conference in Strasbourg, April 11, 2019. Council of Europe Secretary General Thorbjorn Jagland and Prime Minister Nikol Pashinian discussed recent days’ developments in Armenia in a phone call on Wednesday. “They agreed that the reform process, including the fight against corruption and the reform of the judiciary, should proceed in conformity with the Constitution, the relevant international standards and Armenia's obligations as a member state of the Council of Europe,” the Strasbourg-based human rights organization said in a statement. “Secretary General Jagland confirmed the organization’s support to Armenia’s reform agenda,” it said. “A delegation of Council of Europe experts will travel to Yerevan in the next days to offer advice and assistance with the necessary reforms.” Pashinian’s press office released an identical readout of the conversation. The two men spoke by phone one day after two representatives of the Council of Europe’s Parliamentary Assembly (PACE) expressed concern at Pashinian’s weekend calls for his supporters to block the entrances to all court buildings in Armenia. They at the same time welcomed Pashinian’s declared efforts to reform the Armenian judiciary. “Political stakeholders must refrain from actions and statements that could be perceived as exerting pressure on the judiciary,” read a joint statement released by Yuliya Lovochkina and Andrej Sircelj, the PACE co-rapporteurs monitoring Armenia’s compliance with its membership obligations. ARMENIA -- Supporters of Prime Minister Nikol Pashinian are watched by police as they blockade the entrance to a court building in Yerevan, May 20, 2019 Lovochkina and Sircelj noted that Pashinian urged the court blockade following a Yerevan court’s controversial decision to order former President Robert Kocharian released from prison pending the outcome of his trial on coup charges denied by him. “Without prejudice to the merits of this decision, we wish to emphasise that the independence of the judiciary is a pre-requisite for the rule of law, and that the rule of law is therefore best served by the absence of any interference from political actors,” they said. “There are clear legal procedures, such as appeals to a higher court, to challenge a court decision that seems questionable.” The PACE co-rapporteurs at the same time acknowledged “the still low level of public trust in the judiciary” in Armenia. “Judicial reforms remain a priority and we welcome Prime Minister Nikol Pashinian's stated desire for far-reaching reform of the judicial system, particularly with regard to the fight against corruption, as well as his wish to associate the Council of Europe with it,” they added. The court blockade, condemned by the Armenian opposition as illegal, began on Monday morning. It ended a several hours later, shortly after Pashinian held an emergency meeting with senior state officials to announce a “surgical intervention” in the judicial system. He said Armenian courts remains closely linked to the country’s “corrupt” former leaders. The premier announced plans for a mandatory “vetting” of all judges and said many of them should quit even before the start of such a process. Press Review “Haykakan Zhamanak” says that former President Robert Kocharian has been the sole beneficiary of recent days’ dramatic developments triggered by his release from detention. The pro-government paper says Armenia and Karabakh “have paid the price” for his release. “The most terrible thing has happened: the administration of justice has turned into an Armenians-Karabakhis discourse and the two sides, so to speak, have gone over the top in some cases,” it says. “Robert Kocharian personally provoked that, and he did so skillfully.” This is why, it says, supporters of Kocharian waved Karabakh flags outside the Yerevan court that ordered his release. “Zhamanak” reports that the two Armenia rapporteurs of the Council of Europe’s Parliamentary Assembly (PACE) issued a statement on Tuesday regarding Prime Minister Nikol Pashinian’s actions targeting the Armenian judiciary. “They welcomed Pashinian’s will and readiness to carry out judicial reforms, including with the Council of Europe’s assistance,” writes the paper. “But most of the statement was devoted to criticism of his calls for blockading the court buildings. In other words, the PACE co-rapporteurs focused their attention on an issue which served as a political background for ongoing realities, rather than their essence.” That essence, according to the paper, is “the immunity of the Armenian velvet revolution and political guarantees of the prospect of a democratic Armenia.” “The PACE co-rapporteurs have thus turned a blind eye to this extremely important political circumstance,” it says. “Zhoghovurd” hits out at Vazgen Manukian, a veteran politician heading Armenia’s Public Council. Pashinian reappointed Manukian as chairman of the advisory state body recently. “Many criticized Nikol Pashinian [for doing that,] and with his actions in recent days Vazgen Manukian is consistently proving that they were right to criticize the prime minister for being so kind towards Manukian,” writes the paper. “At yesterday’s emergency meeting of the Public Council he rushed to criticize Nikol Pashinian’s statements made the previous day. And most importantly, he found dangerous and damaging the authorities’ intention to set up an ad hoc parliamentary commission that will investigate the April 2016 war [in Karabakh.]” (Lilit Harutiunian) Reprinted on ANN/Armenian News with permission from RFE/RL Copyright (c) 2019 Radio Free Europe / Radio Liberty, Inc. 1201 Connecticut Ave., N.W. Washington DC 20036. www.rferl.org