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YEREVAN. – With its decision on September 20, the Court of Cassation of Armenia has refused to consider second President Robert Kocharyan’s legal defenders’ appeals against the June 25 decision of the Criminal Court of Appeal. Armenian News-NEWS.am has learned about this from the DataLex judicial information system.

On June 25, the Criminal Court of Appeal ruled to once again arrest Kocharyan—who had earlier been released on the personal pledge by the former and incumbent Presidents of Artsakh (Nagorno-Karabakh), overturned the first instance court’s May 18 ruling to suspend the proceedings of the case against Kocharyan and several other former senior officials—in connection with the tragic events that occurred in capital city Yerevan in March 2008, and sent the case for a new examination.

In his cassation appeal, Hayk Alumyan, one of Kocharyan’s attorneys, requested that the June 25 decision of the Criminal Court of Appeal be overturned, the May 18 decision of the court of first Instance be upheld, Kocharyan’s pretrial measure of custody be lifted, and he be released.

According to the defense, the Criminal Court of Appeal had examined this case with an illegitimate composition, the latter was formed arbitrarily, the court did not hear the case in accordance with the procedure established by law, and allowed a gross violation of the principle of competition: the person was detained without actually engaging in the proceedings because he was deprived of the opportunity to present a position.

In its decision, however, the Court of Cassation recorded that the case had been examined within the framework of the existing criminal and procedural regulations, this decision comes into legal force from the moment of its enactment, it is final, and not subject to appeal.

Robert Kocharyan is charged with overthrowing the constitutional order in Armenia in connection with the aforesaid events in March 2008, and taking a particularly large bribe. He has been arrested three times within one year; the last one was on June 25, by the decision of the Criminal Court of Appeal.

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.

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