YEREVAN. – The official statement of the Special Investigation Service (SIS) on launching a criminal case with respect to usurpation of power by President of the Constitutional Court (CC) Hrayr Tovmasyan and several other officials has nothing to do with criminal law and constitutional law. Constitution specialist Aram Vardevanyan expressed such a view speaking to Armenian News-NEWS.am.
“I was genuinely surprised,” he said. “It seemed to me for a moment that this is an unofficial message. I couldn’t imagine it could be an official message. Of course, there is really no need to be surprised in law; but in this case I really couldn’t believe [it].
“I had studied the text of Mr. Babajanyan’s report. There have been numerous cases when an MP has become a member of the government. [But] have you seen a special petition by the MP to the Central Electoral Commission, a statement by the Speaker of the National Assembly? Of course, not. Why? Because it would have artificially delayed the process, and the Constitution has given its solution by the logic of terminating powers by force of law, since they are offices incompatible with each other; that is, a person can’t be an MP and a member of the government, an MP and a Constitution Court judge at the same time. This is the logic, and by force of law this matter is resolved immediately; that is, it doesn’t even need to be recorded. How can a problem be seen here, moreover, the word seems to be about usurpation of power?”
As reported earlier, on the basis of a report which independent MP Arman Babajanyan had submitted to the Prosecutor General, the SIS has launched a criminal case against Hrayr Tovmasyan and some other officials on charges of usurpation of power.