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YEREVAN.- The first impression of the Cassation Court's decision is negative, Hayk Alumyan, one of Armenia's second President Robert Kocharyan's legal defenders, told reporters after the publication of the ruling, according to which the court partially upheld the appeal of Prosecutor General Artur Davtyan in connection with Robert Kocharyan’s case and decided to negate the decision of the Criminal Court of Appeal and send the case to the Court of Appeal for a new investigation.

Alumyan noted that he will express his detailed opinion after fully getting acquainted with the decision.

"We are likely to file complaint to ECHR, "he said.

Second President of Armenia Robert Kocharyan was 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.

Both the Prosecutor General’s Office and the defense, however, appealed this decision. In addition, the defense argued that there were other grounds too for the release of their client.

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.

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