The Court of Appeal on David Tonoyan's Case Appeals to the Constitutional Court

The Court of Appeal has appealed to the Constitutional Court regarding the case of David Tonoyan, concerning the constitutionality of part 7 of Article 483 of the Criminal Procedure Code. This was reported by 'Fatsinfo', citing its sources.

“The issue of the constitutionality of legislative regulation was raised by the defense side of former Minister of Defense David Tonoyan. The problem is that part 7 of Article 483 of the current Criminal Procedure Code states that if a decision was made regarding the appointment of a trial before July 1, 2022, then that case is examined and resolved according to the provisions of the previous Criminal Procedure Code, including regarding the measure of restraint. In other words, due to legislative regulations, defendants in cases registered in court before July 1, 2022, are deprived of the application of alternative measures of restraint provided by the new code, for example, the possibility of replacing detention with house arrest or administrative supervision.

This issue has been raised in the case of David Tonoyan both in the first instance court and in the Court of Appeal. Ultimately, the Court of Appeal appealed to the Constitutional Court based on the objections of the defenders. As of now, there is no information on the higher court's website regarding the admissibility of this application or the possibility of assigning it for review.

In connection with this decision, 'Fatsinfo' also reached out to the press service of the Court of Cassation for an official comment. However, the body neither confirmed nor denied the information, conveying the court's clarification that the case is being examined in a closed regime in the first instance court; therefore, it is also being considered within a closed framework in the Court of Appeal. Consequently, information regarding outcomes and other matters is considered confidential and cannot be disclosed,” the website reported.