On 4 September, the Constitutional Court of Armenia declared the preventive measures bestowed upon the country’s former President Robert Kocharyan as unconstitutional.  

In an open session the judges of the Constitutional Court examined the constitutionality of Article 35 (the circumstances excluding criminal proceedings or criminal prosecution) and part 2 of Article 135 of the Criminal Procedure Code of the Republic of Armenia (grounds for applying preventive measures). Article 35 was declared to not to be in compliance with the Constitution of Armenia as it contradicted to point 4 of part 1 of Article 27, part 1 of Article 61 and part 1 of Article 63 and Article 78 of the Constitution. Part 2 of Article 135 was in compliance with the constitution.

President of the Constitutional Court Hrayr Tovmasyan stated that two judges of the Constitutional Court, Felix Tokhyan and Arman Dilanyan, had a special opinion. “The decision of the Constitutional Court shall be final and shall enter into force from the moment of its promulgation.”

Kocharyan’s lawyer Aram Vardevanyan noted that Article 35 was recognized as unconstitutional, which means that Robert Kocharyan’s personal rights guaranteed by the Constitution were violated (Article 27). “That is, the right to personal freedom can be violated when this freedom is limited. In this case, the freedom of the second president as a result of the arrest was limited,” said Vardevanyan.

Robert Kocharyan is charged with overthrowing the constitutional order in Armenia in connection with the tragic events that occurred in Yerevan in March 2008, and taking a particularly large bribe. He has been released from custody twice and arrested 3 times so far (the last one being on 25 June, Caucasus watch reported).

On 31 August the Russian President Vladimir Putin congratulated Kocharyan on his birthday which was perceived as a controversial move towards the government of the Prime Minister Nikol Pashinyan. “Dear Robert Sedrakovich, I extend my sincere congratulations to You on the 65th anniversary of Your birthday. Through your long state service, you have gained respect among your compatriots and abroad, significantly contributed to the development of modern Armenia and the security and stability of the South Caucasus,” read the message adding that Putin wished Kocharyan sound health and strong spirit.