Constitutional Court Rules in Favor of Robert Kocharyan
Robert Kocharyan's legal team has just released the following statement.
Today, the Constitutional Court of Armenia, considering the application of the second President of Armenia, Robert Kocharyan, regarding the second part of Article 419 of the Criminal Procedure Code of the Republic of Armenia, decided that the Court of Cassation renders a final judicial act concerning judicial acts that do not resolve the merits of the case, and that the norm aligns with the requirements of the Constitution of Armenia based on this interpretation.
This position of the Constitutional Court means that in the case of appeals against judicial acts that do not resolve the merits of the case, including decisions to select pre-trial detention as a measure of constraint, the Court of Cassation cannot send the case for a new hearing but must render a final decision itself.
The Constitutional Court also stated that taking into account the circumstance that the law was applied to Robert Kocharyan by the Court of Cassation with a different interpretation than that of the Constitutional Court, the judicial act regarding Robert Kocharyan is subject to reconsideration in light of new circumstances according to the procedure established by law.
Further details of the decision will be provided once the complete text of the decision is familiarized.