The Prosecutor General of Armenia has addressed the Constitutional Court with regard to the criminal case of second President of Armenia Robert Kocharyan and other ex-officials, as reported the Prosecutor General’s Office.
The press release reads as follows:
“On April 1, 2021, Prosecutor General of Armenia Artur Davtyan addressed the Constitutional Court with regard to the criminal case regarding second President of Armenia Robert Kocharyan and other ex-officials.
The application challenges the constitutionality of certain articles of the Criminal Procedure Code and Constitution to the extent that they entail the obligation of the prosecutor to renounce the allegation and the obligation of the court to terminate criminal prosecution, not allowing to conduct a procedural operation and to change the charge brought against the accused on trial.
As it is clearly seen in the international legal documents on the rights of victims and the right of the Cassation Court of Armenia, the rights to protection of rights during a trial and to a fair trial also concern persons affected by the crime, and these persons equally benefit from the guarantees prescribed by Articles 61 and 63 of the Constitution. The right of the victim to a fair trial contains the victim’s interest so that the damage caused to the latter is recovered, the circumstances behind the act that caused the damage are fully revealed and the right criminal-legal evaluation is given, the person having committed the crime against the victim is sentenced and a fair punishment is imposed on the person. Article 75 of the Constitution requires that, when regulating the rights to judicial protection of rights and to fair trial, the laws prescribe the organizational mechanisms and procedures required for effective exercise of those rights. However, under the existing legal regulations, the person having committed a crime may be exempt from criminal liability, while the victim may be deprived of his or her right to judicial protection of rights and to a fair trial.
The aforementioned attests to the fact that only after promulgation of the decision of the Constitutional Court on the issue raised will it be possible to express a legitimate procedural stance on the destiny of the criminal prosecution of the accused on trial under the criminal case.”
The Constitutional Court has declared Article 300.1 of the Criminal Code non-compliant with Article 78 (principle of proportionality) and Article 79 (principle of certainty) of the Constitution and invalid. Second President of Armenia Robert Kocharyan is charged under Article 300.1.
