July 05
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The final judicial act under the case of second President of Armenia Robert Kocharyan and other ex-officials will be rendered by the Constitutional Court of the Republic of Armenia. This is what President of the Constitutional Court Hrayr Tovmasyan said during an interview with ArmNews TV today.

When told that the legal and political systems in Armenia are being shaped under one trial and that is the trial of Robert Kocharyan and other ex-officials and when asked what stage the case is in and why the Constitutional Court rendered a decision to suspended the proceedings of the case and applied to the European Court of Human Rights and the Venice Commission, Hrayr Tovmasyan responded: “Frankly, I haven’t been following politics recently and can’t share your opinion, but overall, it’s not good that everything is within the scope of one criminal case. In any case, firstly, we can’t deny the fact that there is great interest among political circles or the legal community, and I must say that this is not a standard case for the Constitutional Court, not because there is so much public interest, but because the norm that is being disputed is different from other articles in terms of structure, nature and content. Secondly, what is much more important, we have never had such a practice. However, I assure you that this is an ordinary case for me and the other judges of the Constitutional Court. I would like to remind that neither the European Court of Human Rights nor the Venice Commission gives a final verdict and doesn’t even decide if the article complies with the European Convention, especially since they can’t determine constitutionality. However, their analyses and experience and the study of the experience of other European countries will help us, and we will attach importance to them in order to render a decision on this case.”

However, Hrayr Tovmasyan stressed that the final judicial act will be rendered by the Constitutional Court.

“But I repeat that the final judicial act will be rendered by the Constitutional Court of Armenia, and the opinions of the ECHR and the Venice Commission are advisory opinions. This is perhaps the case in which, I think, it was necessary to apply to the organizations. I must say that this is a new institution for the Constitutional Court. It entered into force in August of last year, but I wouldn’t say there are many applications filed to the European Court. So, let us wait a little more and see. I am certain that we will state the advisory opinions, taking into consideration the facts that we will receive the opinions as soon as possible and restart proceedings of these cases.”

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