The Anti-Corruption Chamber of the RA Court of Cassation has overturned Judge Anna Danibekyan’s 2021 decision to dismiss the case against Armenia’s second President Robert Kocharyan, former CSTO Secretary General Yuri Khachaturov, former Defense Minister Seyran Ohanyan, and former Deputy Prime Minister Armen Gevorgyan.
According to Iravaban.net, the case has been sent to the Anti-Corruption Court for a new trial.
The decision comes into force from the moment of its adoption, is final, and not subject to appeal.
The Court of Cassation finds that there is a need to ensure uniform application of the law regarding the interpretation of the legal mechanism for changing the legal assessment of the charge without changing the factual circumstances of the charge. Therefore, it is necessary to express legal positions in this case that can have a guiding significance for the correct formation of judicial practice in such cases.
The court also noted that during the new trial, the Anti-Corruption Court, based on the legal positions expressed in this decision, must eliminate the violations committed and consequently reach a corresponding conclusion.
Let us recall that Robert Kocharyan was charged with the fact that from April 9, 1998, to April 9, 2008, while holding the position of President of the Republic of Armenia, being the head of state by virtue of the RA Constitution and bearing the responsibilities to follow the RA Constitution, ensure the normal functioning of the legislative, executive and judicial authorities, as well as being endowed with the powers of an official constantly performing organizational-managerial and administrative-economic functions, in complicity with other persons, overthrew the constitutional order of the RA.
In addition, using his official position to promote actions in favor of Silva Hambardzumyan, the sole participant and director of “TSS Armenia” LLC, that is, not to obstruct the transaction of selling 100% of the company’s shares to a non-resident company in Armenia with special licenses for the exploration of subsoil for the exploitation of useful minerals granted to that company, in February and May 2008, with the assistance of Samvel Mayrapetyan, he received a particularly large bribe of 3,000,000 USD equivalent to 927,000,000 AMD from her.
Seyran Ohanyan was charged with the fact that in 2008, being the Chief of the General Staff of the Armed Forces of the Ministry of Defense of the Republic of Armenia, in complicity with other persons, overthrew the constitutional order of the RA.
Yuri Khachaturov was charged with the fact that in 2008, being the Deputy Minister of Defense of the Republic of Armenia – the head of the Yerevan garrison, in complicity with other persons, overthrew the constitutional order.
Armen Gevorgyan was charged with the fact that from February 2006 to April 21, 2008, occupying the positions of the Head of the Staff of the President of the Republic of Armenia and the Secretary of the National Security Council, using his official position, by removing obstacles and giving instructions, assisted President Robert Kocharyan in overthrowing the constitutional order of the RA.
In addition, Armen Gevorgyan, being an official constantly performing organizational-managerial functions in a state body, to promote actions in favor of Silva Hambardzumyan, the sole participant and director of “TSS Armenia” LLC, that is, not to obstruct the transaction of paying 100% of the company’s shares to a non-resident company in Armenia with special licenses for the exploration of subsoil for the exploitation of useful minerals granted to that company, in April 2008, with the assistance of Samvel Mayrapetyan, received a particularly large bribe of 1,000,000 USD equivalent to 309,000,000 AMD from her, as well as at the same time concealing and distorting the true nature and origin of the mentioned amount, legalized the proceeds of crime in particularly large amounts.
