YEREVAN. – The Criminal Court of Appeal of Armenia on Tuesday continues the consideration of the appeal on overturning the court decision on remanding—and on the grounds of presidential immunity—second President Robert Kocharyan in custody.   

At Monday’s court session, Hayk Alumyan, one of Kocharyan’s attorneys, filed an appeal, whereupon the prosecution—including Prosecutor General Artur Davtyan—made objections.

The consideration of the appeal on overturning the court decision on remanding Kocharyan in custody had started on November 27. Since then, six prosecutors, including the attorney general—which is unprecedented in Armenian judicial practice—have attended these court sessions.

Second President Robert Kocharyan has been charged within the framework of the criminal case into the tragic events that transpired in capital city Yerevan on March 1 and 2, 2008—and under Article 300.1 Paragraph 1 of the Criminal Code; that is, breaching Armenia’s constitutional order, in conspiracy with others.

On July 27, Kocharyan was remanded in custody for two months by a court decision. But on August 13, the Court of Appeal granted Robert Kocharyan’s legal defenders’ appeal to commute the first-instance court’s decision on remanding their client in custody, and Kocharyan was released from courtroom on the grounds that he had presidential immunity.

But on November 15, the Court of Cassation overturned the Criminal Court of Appeal decision on remanding—and on the grounds of presidential immunity—Robert Kocharyan in custody, and the case was sent to the same court for a retrial.

On March 1 and 2, 2008, the then authorities of Armenia used force against the opposition members who were rallying in downtown Yerevan, and against the results of the then recent presidential election. Eight demonstrators as well as two servicemen of the internal troops were killed in the clashes. But no one had been brought to account for these deaths, to this day.