Criminal Prosecution Against Hrayr Tovmassian Contradicts European Convention, Gevorg Kostanyan Says

The criminal prosecution initiated against Hrayr Tovmassian, the President of the Constitutional Court of Armenia, contradicts not only the national legislation but also the European Convention, stated Gevorg Kostanyan, former Chief Prosecutor of Armenia and former representative of the Armenian government at the European Court of Human Rights, in an exclusive interview with Factinfo.

- Mr. Kostanyan, you recently announced that you are prepared to completely dismantle the criminal case concerning Hrayr Tovmassian. What do you mean, and what is the basis for such a responsible statement?

- Yes, I have stated it and I confirm it. The Special Investigative Service has initiated a criminal case regarding the usurpation of power, and in the decision to initiate the criminal case, which I have read on one of the websites, the name of Hrayr Tovmassian, the President of the Constitutional Court of Armenia, is specifically mentioned. Without even discussing the presence of the elements of a criminal offense, there is a very important point here that contradicts the principles of Articles 6 and 5 of the European Convention on Human Rights. A judge of the Constitutional Court can only be charged and decided to be involved as an accused if the Constitutional Court has given its consent. This is a requirement of the constitutional law on the 'Constitutional Court'. The European Convention defines from which point an individual is considered to be in a status of being accused, and there are two very interesting precedent cases: 'Eckle v. Germany' and 'Alexander Aichenko v. Russia,' wherein the European Court of Human Rights has established that from the moment a specific person's name is mentioned in any process of initiating a criminal case, that person is considered to be in a status of being accused. Taking into account that according to our constitutional law, a judge and the president of the Constitutional Court can only act as an accused with the permission of the Constitutional Court, therefore, before mentioning Hrayr Tovmassian's name in the decision to initiate a criminal case, they should have had the consent of the Constitutional Court, because from the moment the criminal case was initiated, Hrayr Tovmassian was essentially recognized as an accused.

- In this case, can the decision to initiate the criminal case be appealed?

- Considering that the decision to initiate the criminal case is, in light of the precedent decisions of the European Court of Human Rights, effectively viewed as a decision involving the accused, not merely a formal but substantive perspective, then yes, the initiation decision is also subject to appeal.

- Therefore, Hrayr Tovmassian can appeal the decision?

- Definitely. Under the Convention, he is, in essence, subject to criminal prosecution.

Details can be found on Factinfo.