If Robert Kocharyan Appeals to Court, He Will Receive Compensation, Alvina Gyulumyan

If Armenia's second president Robert Kocharyan appeals to court, he will receive compensation for being held in custody under the charges based on the invalidated Article 300.1 of the Constitution. This was announced by former Constitutional Court member Alvina Gyulumyan in an interview with Hraparak.

The full interview is as follows:

What does this imply, Ms. Gyulumyan? Does it mean that the March 1 case becomes null and void? In other words, apart from the parts related to Kocharyan, should the case against others who were charged under this article also be dismissed?

Of course. It turns out that this article is invalid, and based on that, how can the criminal case continue?

And will some people be held accountable for subjecting individuals to unlawful or unconstitutional prosecution for three years using this article?

You know what, the article existed; it was said to be unlawful or unconstitutional—that’s exactly why we have a Constitutional Court to discuss these matters. And this is called, so to speak, subsequent oversight. And if it has been clarified under that subsequent oversight, then you can't hold anyone accountable and say, 'Why did you initially prosecute under an unconstitutional article?'

It's another thing that people gain certain rights to compensation for unlawful prosecution. That’s a completely different issue.

So, does Robert Kocharyan, Seyran Ohanyan, and all those charged under this article have the right to receive compensation?

No, only those who have been in custody. There is no compensation for other prosecutions.

Kocharyan has been in custody, and that too, twice. If he appeals, does he have a right to receive compensation, or is it that the law mandates compensation regardless of the appeal?

No, if he appeals, he will receive it.

What type of compensation should it be?

It’s hard to say what type.

Ms. Gyulumyan, thus, even in the case where they tried to neutralize you and some other members of the Constitutional Court, changing its composition and bringing in 'heart judges' to the court, all judges remained above political purposes.

All judges remained above and also had the advisory opinion of the European Court and the conclusion of the Venice Commission. In these circumstances, even the 'heart judges' were virtually constrained to make different rulings.

But now they are under attack, being accused of being sold out by former regimes, that this government couldn't carry out vetting and truly reform the judiciary, and so on.

We will not make progress if we do not stop saying 'former' and 'current.' There will not be any progress in any field.

Do you think it’s probable that this government may concoct and quickly pass a new law that nullifies this Constitutional Court decision?

I do not think so. Moreover, you know what, this decision is also beneficial to this government because there is a continuous question about their violations of constitutional order. Consequently, this article will not be applicable to them either.

Perhaps this government needed the Constitutional Court to make such a decision?

I cannot say, but in any case, it’s a guarantee for them too.

It should be noted that on March 26, the Constitutional Court declared Article 300.1 of Armenia's Criminal Code invalid as it contradicts Articles 78 (Principle of Proportionality) and 79 (Principle of Precision) of the Constitution. The former president of Armenia, Robert Kocharyan, the former chief of staff of the Armed Forces, Yuri Khachaturov, and the former Minister of Defense, Seyran Ohanyan, were charged under Article 300.1.