The Constitutional Court issued a decision on determining the issue of conformity with the Constitution according to Article 35 and Part 2 of Article 135 of the Criminal Procedure Code of the Republic of Armenia based on the request of the Second President Robert Kocharyan
“According to the decision of the Constitutional Court, the arrest, which was repeatedly applied to Robert Kocharyan, violated his right to personal freedom. This means that detention cannot be lawful,” Kocharyan’s representative Aram Vardevanyan said.
Notably, Robert Kocharyan has been charged for the actions he performed in the period of 9 April 1998 through 9 April, 2008, holding the position of President of the Republic of Armenia, being the head of state by virtue of the Constitution of the Republic of Armenia and having the responsibility to observe the Constitution of the Republic of Armenia, to ensure the normal functioning of the legislative, executive and judicial powers, as well as with the powers of the person to perform permanent administrative-organizational, and administrative-economic functions, has overthrown the constitutional order of the Republic of Armenia, in criminal complicity with other persons.
In addition, using his official position with the support of Smavel Mayrapetyan, he received a particularly large sum of 927․000․000 AMD 3 000,000 bribe from Silva Hambardzumyan, the sole participant and director of TSSC Armenia LLC, the holder of 100% share of the company with special licenses for exploration for the exploitation of minerals in the RA, for not to impede the transaction to sell the 100% of share to a non-resident company in the Republic of Armenia.
Arrest was chosen as a precautionary measure for Robert Kocharyan.