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Supporters of Robert Kocharyan hold daily protest demanding release of the ex-president arrested who faces charges of overthrowing the constitutional order during the post-electoral events in March 1-2. First Ombudsman of Armenia Larisa Alaverdyan believes the demand of Kocharyan’s supporters derives from the recent decision of the Constitutional Court that earlier ruled on the ‘unconstitutionality’ of the ex-president’s arrest as detention measure. In an interview with Panorama.am Alaverdyan noted the Armenian legislation contains neither a norm nor a practice that would require lower instance courts to immediately hold a hearing and consider the case.
 
“I should note that decision of the Constitutional Court in Armenia have always been problematic. Who should implement them, who is responsible for the implementation if those rulings? If those are not implemented what should follow? I consider this one of the most vulnerable gaps in the Armenian legislation and overall in terms of the establishment of constitutionality in Armenia,” Alaverdyan said, adding there had been cases that the implementation of even the best decisions by the Connotational Court had been questioned. “I am prone to explain this with the fact that constitutionality has not been established.

I would expect the Prosecutor General’s Office and the court took actions to implement the decision through legal means without further delay and comments humiliating Armenia,” Alaverdyan added. Our interlocutor next dismissed the criticism of the Constitutional Court as not serious, pointing to the high reputation of the Court.

To note, Armenia's Constitutional Court ruled on Monday on constitutionality of two articles of the Armenian Code of Procedural Justice regarding the ex-president’s arrest.

The Court cited in its decision the constitutional provision of immunity of presidents from prosecution, partly approving the ex-president’s appeal. Following the ruling, the defense team of Armenia’s ex-President Robert Kocharyan filed motion on Saturday to the Yerevan court of general Jurisdiction to lift the arrest as the preventive detention measure and suspend the criminal prosecution. Robert Kocharyan faces charges of overthrowing the constitutional order during the post-electoral events in March 1-2, 2008. The ex-president is currently in custody pending trial. Kocharyan and his defense team strongly deny the charges and call the criminal prosecution “politically motivated”.