Kocharyan to remain jailed as court rejects motion

The Yerevan Court of General Jurisdiction today ruled to reject the motion of attorneys of 2nd President of Armenia Robert Kocharyan to release him from pre-trial detention and suspend the criminal prosecution.

The 2nd President will remain in custody.

The lawyers of 2nd President of Armenia Robert Kocharyan filed a motion to the Yerevan Court of General Jurisdiction following the decision of the Constitutional Court of Armenia, demanding to change his preventive measure and suspending the criminal prosecution.

The Constitutional Court of Armenia has issued its verdict over ex-President Robert Kocharyan’s appeal regarding his arrest.

Robert Kocharyan, currently in pre-trial detention on charges of “overthrowing constitutional order” during the 2008 Yerevan unrest, requested the Constitutional Court to determine whether or not his arrest is constitutional, i.e. whether paragraph 2 of Article 135 and Article 35 of the Criminal Procedures Code are in conformity with the Constitution.

On September 4, the Constitutional Court delivered a verdict, partly approving Kocharyan’s motion.

The Constitutional Court ruled that Article 35 of the Criminal Procedures Code contradicts respective articles of the Constitution and is invalid in terms of not envisaging official immunity among the circumstances which exclude criminal prosecution.

The Constitutional Court, however, ruled that paragraph 2 of Article 135 is constitutional.