YEREVAN. – The Constitutional Court (CC) of Armenia has said no to consider a petition by second President Robert Kocharyan; this is noted in a working order decision by the CC.

On January 8, Kocharyan—through his representative, A. Vardevanyan—had petitioned to the CC, with a request to decide whether a point in the Code of Criminal Procedure complied with the Constitution.

As per the petitioner, under the Constitution, the powers of the Court of Cassation do not include the uniform application of constitutional and legal norms and the analysis derived from it, whereas when considering his case, the Court of Cassation exceeds its powers and assumes those of the CC.

But according to the CC decision, the circumstance that, under the Constitution, constitutional justice is beyond the functions of the Court of Cassation does not mean that this court has no authority to interpret and apply the Constitution, and, under the latter, all courts in Armenia have the authority to interpret and apply the Constitution. 

With its ruling on December 7, 2018 the Criminal Court of Appeal had upheld the first instance court’s July 27 decision on remanding Robert Kocharyan in custody. On the same day—December 7, Kocharyan had handed himself over to a Yerevan penitentiary where he was arrested.   

Armenia’s second President Robert Kocharyan—along with several other former officials—has been charged within the framework of the criminal case into the tragic events that transpired in 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 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. But no one had been brought to account for these deaths, to this day.