A court hearing was held on November 28 in the Anti-Corruption Court, presided by Judge Narine Avagyan, regarding the confiscation of illegally obtained property of the 2nd President of Armenia Robert Kocharyan and his associated persons.

On the same day, at the same time and in the same court, a criminal case hearing against Robert Kocharyan was taking place. Kocharyan’s representative Aram Orbelyan had submitted a written petition to postpone the hearing on the illegal property confiscation case, as he was representing Robert Kocharyan in both hearings. The petition was rejected since this particular hearing was about separating the part concerning Levon and Siranush Kocharyan from the case and examining it through expedited proceedings. The presiding judge also said that everyone had been properly notified about the November 27 hearing at the previous session.

According to Iravaban.net, Levon and Siranush Kocharyan’s representative Arthur Hovhannisyan said they had submitted a petition to separate part of the civil proceedings and apply expedited trial.

“According to our deep conviction, by one of the points of the prosecutor’s modified claim, which demands to confiscate for the benefit of the Republic of Armenia 853,429,645 drams, 2,313,490,249 drams, 42,278,847 drams and 118,794,591 drams from the property belonging to and justified by legal income of Levon Kocharyan and Siranush Kocharyan. This demand is obviously groundless, Levon and Siranush Kocharyan cannot be considered as proper respondents here, and on this occasion, we ask the court to separate this part of the claim and apply expedited trial, since the claim is presented against improper respondents and reject the claim on the grounds of being obviously groundless. Why do we think this: because in general, the logic of the law ‘On Confiscation of Illegally Obtained Property’ is that the legislator aims to remove illegally obtained property from circulation,” he noted, adding that the claim was not initially filed against Levon and Siranush Kocharyan.

Arthur Hovhannisyan noted that the proceedings were initiated against Robert Kocharyan and asked prosecutor Gevorg Kocharyan why Levon and Siranush Kocharyan should prove that their property is legal.

“They had their own income, but they made more expenses than that, in some cases they saved their own funds. Family members can acquire properties abroad with illegal funds, which cannot be detected and identified, not report their existence and avoid their confiscation, or it’s possible to transfer illegal funds belonging to the main respondent to family members, the latter cover all their material needs, and direct their own legal funds exclusively to acquiring assets and again avoid confiscation of illegal funds,” noted the prosecutor.

Gevorg Kocharyan said that in this case, among other demands from Levon and Siranush Kocharyan, there are also elements of confiscation of certain amounts of money at the expense of property belonging to and justified by their legal income.

“Regarding the fact that the claim is formulated with a request to confiscate at the expense of Levon and Siranush Kocharyan’s legal property, it should be noted that this follows from the logic of the law, since illegally obtained property is itself subject to confiscation in kind and it is impossible to carry out confiscation of monetary funds at the expense of already confiscated illegal property,” noted the prosecutor and asked to reject Arthur Hovhannisyan’s petition.

A debate began between the prosecutor and the lawyer.

-Can we assume from your claim basis that you’re saying Levon or Siranush Kocharyan generated illegally obtained property, is there such a thing?

-No.

-Therefore, what illegal actions did Levon and Siranush Kocharyan do, can you tell, if you say they didn’t generate illegally obtained property? Therefore, what is their illegality, you’re depriving them of legal property? Now Levon must have done something illegal, Levon must have violated the state’s right or Siranush, so that as a result today they are deprived of property, what have these people done?

-I might have a concrete opportunity to answer your question about what Levon and Siranush Kocharyan did, but this proceeding is not about that, about what Levon and Siranush Kocharyan did. This proceeding is also not about what Mr. Robert Kocharyan did, that’s in the domain of another proceeding. The meaning of this proceeding is to determine the legality or illegality of property. The actions of persons here are not significant. 

-So if Levon and Siranush Kocharyan spent something that was more than their income, did they spend what Robert Kocharyan generated?

-What was generated thanks to Kocharyan.

-You’re confiscating 853,429,645 drams as a remainder of illegally obtained monetary funds. Am I understanding correctly that this is, according to you, some cash amount that presumably exists somewhere?

-Bank information has time limitations. Until that moment, naturally, we see, after that we don’t see. As of that moment, we can say how much of that 853,429,645 drams was cash, how much was non-cash, but after that, since some time has passed until the application of security measures, we don’t know what changes have occurred.

-According to June data, was this 853 million in Levon’s or Sirusho’s bank accounts or not?

-The 853 million wasn’t in bank accounts, there was part of it.

-If it wasn’t in bank accounts, is it assumed it was cash?

-Naturally.

-Who is the real beneficiary of this cash?

-Robert Kocharyan.

 -So the owner, according to you, is Robert Kocharyan? Then why are you asking from Levon? It’s money in a suitcase, why are you saying, “Levon, I’m taking this from you”? You’re saying this is Kocharyan’s, “Levon, I’m taking it from you.”

-Yes.

 -But you’re not taking this, you’re saying “I can’t take this, we’re taking this other legal one of yours.”

 -Mr. Hovhannisyan, I understand what you’re saying, but that’s why, to prevent your question, we noted that it is assumed that the suitcase with cash is with Levon Kocharyan, now, if it’s with Levon Kocharyan, Levon Kocharyan brings it and hands it over to the appropriate body, no one can touch the other properties on any grounds. If Levon Kocharyan hides the money with the suitcase, yes, we must establish compensation for unreported monetary funds at the expense of Levon Kocharyan’s other properties.

 -You’re saying Levon and Siranush Kocharyan, you spent 2,313,490,249 drams on Robert Kocharyan’s instruction or benefit or account.

 -Yes. And you spent it for your needs.

 The judge decided to reject the petition.

 Details in the audio recording.

Hasmik Sargsyan