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One of the attorneys of Armenia’s second President Robert Kocharyan, Hayk Alumyan said they will take "proportionate" action in response to the reported recusal of judge Vardan Grigoryan from a case involving the ex-president and three other former top officials – former Defense Minister Seyran Ohanyan, ex-CSTO Secretary General Yuri Khachaturov and former Deputy Prime Minister and Secretary of the National Security Council Armen Gevorgyan.

The Judicial Department confirmed the news on Grigoryan’s recusal earlier on Monday, without elaborating on the reasons behind his decision.

Speaking to Panorama.am, the lawyer said they disbelieve in the authenticity of the report until the defense group receives the respective decision.

He next cited Article 300 of Armenia’s Criminal Procedure Code, according to which the judge is also obliged to consider the issue of the measure of restraint imposed on the accused after his recusal, deciding whether it is justified or not.

“And he is not authorized to consider the issue of the preventive measure without convening a court hearing in our participation. Thus, it would amount to the biggest violation possible if he recuses himself without referring to the measure of restraint or addressing it without our participation,” he stressed.

Asked what steps the defense team can possibly take after receiving the decision on the judge’s recusal, he said. “I don’t like to talk about possible actions in advance. You will see after we take them. But no one should doubt that the response will be ‘proportionate’ and even stronger.”

According to the summary of indictment published by the Judicial Information System on April 30, Kocharyan is charged with overthrowing Armenia’s constitutional order during the March 1-2, 2008 post-election unrest in Yerevan, abusing his powers and taking a bribe of large amount during his tenure from 1998 to 2008.

Seyran Ohanyan and Yuri Khachaturov, who served as Armenia’s deputy defense minister in 2008, have also been charged with an overthrow of the constitutional order during the post-election events.

Meanwhile, Armen Gevorgyan is charged with assistance to an overthrow of the constitutional order, corruption and money laundering.

The former president is currently remanded in pre-trial custody. Ohanyan and Gevorgyan have been released on a signature bond, while Yuri Khachaturov has been set free on bail.