Motion to Lift Detention Measure for Kocharyan Assigned to A. Danibekyan

The motion regarding the lifting of the detention measure imposed on the second President of Armenia, Robert Kocharyan, has once again been assigned to Judge Anna Danibekyan. This was stated by Hovhannes Khudoyan, a member of the defense team, in an interview with Factinfo.

As previously reported, Hovhannes Khudoyan had submitted a motion to the court to lift the detention measure imposed on Robert Kocharyan, citing the risk of coronavirus infection given that Kocharyan belongs to a high-risk age group for the virus.

Additionally, the defense had also approached the president of the Yerevan Court of General Jurisdiction to reassign the motion to another judge, which was denied. It is noted that Anna Danibekyan is currently on vacation.

“We submitted a request, stating that Judge Anna Danibekyan is absent, and asked to reassign it to another judge, but they said they are assigning it to Judge Danibekyan,” Khudoyan mentioned. The reasoning provided was that Judge Danibekyan is scheduled to return on May 8, despite previous disregard for her absence.

It should be recalled that the initial motion to change the detention measure to release Robert Kocharyan on personal guarantee was submitted as far back as March 16, yet it has not been discussed to this day. A court session scheduled for March 17 was postponed, despite lawyers having previously confirmed with the court that the session would take place, but it did not occur. It later became clear that Anna Danibekyan had taken a sick leave from March 13 to April 16, during which she underwent nasal surgery under state contract.

After her sick leave expired, it became known on April 17 that the judge had again taken another vacation until May 7. It is worth noting that during this time, the lawyers had already approached the president of the Yerevan Court of General Jurisdiction once again, requesting to reassign the motion for Kocharyan's release on personal guarantee, which was also rejected.

Furthermore, lawyer Haik Alumyans had submitted an appellate complaint demanding the court's refusal to hear the motion regarding Kocharyan's release on personal guarantee should be deemed unlawful, asserting that the indefinite postponement of the motion has violated Kocharyan's rights and freedoms as guaranteed under Article 5, paragraphs 3 and 4 of the European Convention on Human Rights and Fundamental Freedoms.

The lawyer demanded that the Appellate Criminal Court, chaired by Judge Armen Bekhtashyan, recognize the violations of Robert Kocharyan's rights and annul them by considering the motion to substitute the detention with a personal guarantee and approving it. However, the Appellate Criminal Court rejected the appeal, stating that the court's inaction is not subject to appeal.