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Armenia's second president Robert Kocharyan, who is charged in the March 1 case, is set to be released, attorney Ara Ghazaryan told Sputnik Armenia.

"If Judge David Grigoryan was prosecuted and dismissed from the case, they would have to appoint a judge very quickly, convene a hearing and resolve the issue of detention, but that is not done,” he said.

According to the lawyer, if a person is detained for an indefinite period of time, the solution must, therefore, proceed from the presumption of freedom. The only solution, in this case, is to release Robert Kocharyan on the basis of Article 5 3 3 of the Convention.

"If the authorities cannot secure lawful detention, the only solution is to release them,” he added.

If the period of detention is uncertain, then human rights are violated, he said adding that it has been two months since the decision to start the trial and to extend the period of detention, but at the moment the trial is suspended.

On June 25, the Criminal Court of Appeal ruled to once again arrest Robert Kocharyan—who had earlier been released on the personal pledge by the former and incumbent Presidents of Artsakh (Nagorno-Karabakh), overturned first instance court Judge Davit Grigoryan ruling to suspend the proceedings of the case against Kocharyan and several other former senior officials—in connection with the events that occurred in Yerevan in March 2008, and sent the case for a new examination.

Robert Kocharyan’s legal defense, however, had appealed this decision to the Court of Cassation.

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.

Second President Robert Kocharyan is charged with overthrowing the constitutional order in Armenia in connection with the aforesaid events and taking a particularly large bribe.

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