YEREVAN. – Not only the final part of the Constitutional Court’s decisions, but also the legal positions stated in the reasoning part of the Constitutional Court’s decision are mandatory for all courts and for all. Hayk Alumyan, a member of the legal defense team of Armenia’s second President Robert Kocharyan, stated this at a press conference on Saturday.

In his words, the latest ruling of the Constitutional Court contains legal positions which simply indicate that Kocharyan has been detained unlawfully and the criminal proceedings against him have been conducted unlawfully.

“A person guaranteed by functional immunity, protected by the power of the Constitution (…) is in the (…) penitentiary today,” Aram Vardevanyan, another legal defender of Kocharyan, said, in turn. “This means a gross violation of the requirement of the Constitution, since the word ‘immunity’ and the penitentiary rule out one another.”

He added that the Criminal Code of Armenia should have noted a regulation, whereupon it would be possible to arrest the president.

“The second president should be in freedom, immediately!” the attorney stated.

Vardevanyan noted that the decision of the Constitutional Court provides clear grounds for terminating the criminal proceedings against Kocharyan.

In his words, the Constitutional Court also recorded that “immunity” relates not solely to actions stemming from Robert Kocharyan’s status as President, but also to actions stemming from his activities.

On the basis of second President Robert Kocharyan’s petition, the Constitutional Court recently deemed unconstitutional Article 35 of the Criminal Procedure Code of Armenia, and which refers to cases that rule out criminal prosecution in the country.

Robert Kocharyan is charged with overthrowing the constitutional order in Armenia in connection with the tragic events that occurred in capital city Yerevan in March 2008, and taking a particularly large bribe. He has been arrested three times.

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.