The criminal proceedings against Armenia’s former president Robert Kocharyan should be suspended, since the president’s presumption of innocence has been violated, one of the members of the former president’s defense team Aram Orbelian stated on Saturday. The lawyer’s remarks came at a conference entitled “The March 1 case in post-revolutionary Armenia”.
“Article 140 of the Armenian constitution clearly states that during the term of his powers and thereafter, the president of the republic may not be prosecuted and subjected to liability for actions deriving from his or her status. Note, no reasonable person on the planet may state that signing of the decree on declaration of state of emergency cannot be considered an action deriving from the president’s status. This the classic case when the immunity from prosecution is guaranteed by the constitution,” Orbelian added.
He next recalled number of ECHR rulings on suspension of court hearings due to grave violations of the criminal proceedings. “The case may not have a fair verdict as it has proceeded with violation of Kocharyan’s presumption of innocence. That violation has been confirmed by a court ruling, appealed at the Court of Appeals and remained unchanged,” Orbelian said.
