Court of Cassation partly satisfied Prosecutor General's appeal regarding Robert Kocharyan
The RA Court of Cassation today examined the appeals of Robert Kocharyan's lawyers and the RA Prosecutor General's Office. The closed-door session was chaired by Judge Lilit Tadevosyan.
After leaving the consultation room, Judge Lilit Tadevosyan announced:
"The RA Court of Cassation decided to satisfy the complaint of Prosecutor General Artur Davtyan partly and to reject the appeals of lawyers Alumyan, Sahakyan, Orbelyan and Khudoyan.
The decision of the RA Criminal Court of Appeal taken on August 13, 2018 should be reversed and sent to the same court for a new examination.
The decision comes into force from the moment of its publication in the courtroom. It is final, it is not subject to appeal. At the same time, the Court informs that Judge Serzhik Avetisyan from the Court of Cassation of the Criminal Chamber has expressed a special opinion on the case insisting that the proceedings on the Prosecutor General Davtyan and Kocharyan's lawyers appeals must be suspended and that it is necessary to apply to the Constitutional Court. Serzhik Avetisyan found that the constitutionality of Article 136 §2 of the RA Criminal Procedure Code should be determined."
Paragraph 2 of the same Article reads:
“Arrest or bail may be executed only upon decision of the court by appeal of the investigator or the prosecutor or on its own initiative while considering the criminal case. Bail may be executed by the court instead of the arrest upon petition being presented by the defense team.”