During an open-door session, the Constitutional Court of the Republic of Armenia, examining through a written procedure the constitutionality of Article 35 and part 2 of Article 135 of the Criminal Procedure Code of the Republic of Armenia (grounds for applying preventive measure for second President of the Republic of Armenia Robert Kocharyan and the circumstances excluding proceedings of the criminal case or criminal prosecution), based on the application of second President of the Republic of Armenia Robert Kocharyan, ruled:

1. To recognize, by virtue of the Constitution, Article 35 of the Criminal Procedure Code of the Republic of Armenia — functional immunity of officials endowed with special protection — with respect to not envisaging it as one of the circumstances excluding proceedings of the criminal case or criminal prosecution, as contradicting to point 4 of part 1 of Article 27, part 1 of Article 61 and part 1 of Article 63 and Article 78 of the Constitution and as invalid.

2. Part 2 of Article 135 of the Criminal Procedure Code of the Republic of Armenia complies with the Constitution.

President of the Constitutional Court Hrayr Tovmasyan informed that two judges of the Constitutional Court — Felix Tokhyan and Arman Dilanyan — have a special opinion.

The decision of the Constitutional Court shall be final and shall enter into force from the moment of its promulgation.

Second President Robert Kocharyan is charged with overthrowing the constitutional order in Armenia in connection with the tragic events that occurred in Yerevan in March 2008, and taking a particularly large bribe.

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 presidential election on February 19, 2008. Eight demonstrators as well as two servicemen of the internal troops were killed in the clashes.

The second President has been arrested three times.

Kocharyan was taken into custody for the third time on June 25, when the Criminal Court of Appeal ruled to once again arrest him—who had earlier been released on the personal pledge by the former and incumbent Presidents of Artsakh (Nagorno-Karabakh), overturned the first instance court ruling to suspend the proceedings of the case against Kocharyan and several other former senior officials—in connection with the aforesaid events in Yerevan, and sent the case for a new examination.