The attorneys of second President of Armenia Robert Kocharyan are preparing to file a motion with the court with the request to immediately abolish detention selected as a preventive measure for the second President. This is what lawyer Aram Orbelyan, one of the attorneys, told Armenian News-NEWS.am. The attorneys’ decision comes after promulgation of the decision of the Constitutional Court based on the application of Robert Kocharyan.

The Constitutional Court on Wednesday partially granted the application of second President of Armenia Robert Kocharyan, recognizing part 2 of Article 35 of the Criminal Procedure Code of Armenia as unconstitutional and invalid. Thus, it was recorded that there is no regulation for immunity among the circumstances excluding criminal prosecution referred to in part 2 of Article 35, and this is unconstitutional. Today the Constitutional Court posted the entire text of the decision on its website, presenting the consequences that failure to enshrine in the Criminal Procedure Code the provision related to functional immunity of the second President of Armenia has led to.

According to Aram Orbelyan, the decision means that all the actions that have been carried out since institution of the criminal case regarding overthrow of constitutional order, including detention of and interviews with the second President of Armenia and the searches conducted at his mansion and in his office are unlawful, and consequently, the case must be discontinued, at least with respect to Robert Kocharyan.

“This means that the first instance court must immediately address the preventive measure for Robert Kocharyan and release him during the trial to be held on September 12,” Orbelyan emphasized.