On 21 October, former deputy head of the Armenian National Assembly staff Arsen Babayan was arrested on suspicion of committing a crime under Article 314 (1) of the Criminal Code (committing official fraud), reported news.am. The next day, the Special Investigation Service (SIS) charged Babayan with Article 38-300 (aiding the usurpation of power) and Article 314 (1) (committing official fraud) of the Criminal Code, pursuant to which, in 2018, as Acting Deputy Chief of Staff of the NA, he had assisted in assuming the powers of the Constitutional Court by a group of officials, as well as had committed official fraud.

According to the indictment, Arsen Babayan distorted then Constitutional Court President Gagik Harutyunyan's petition of entry into the National Assembly on 5 March 2018, marking the date of entry as 2 March 2018. This meant that Babayan had created base to publicly state the incorrect day of Gagik Harutunyan’s resignation. This in turn served as the basis for Harutyunyan’s termination of office, and later for the process of nominating and appointing Hrayr Tovmasyan to that vacant post.

Armenian Constitution expert Gohar Meloyan deemed Babayan’s arrest as an illegal act. “In Armenia no person may be deprived of freedom or detained for the deeds committed before October 21, 2018 according to the law on amnesty adopted last year on the occasion of the 100th anniversary of the establishment of the first Armenian Republic and Erebuni-Yerevan 2800th anniversary,” she said. “Consequently, currently Arsen Babayan is deprived of his freedom… This arrest is extremely illegal and pursues non-legal purposes. I [ask] all human rights advocates and representatives of civil society to support the protection [of] Arsen Babayan[‘s rights],” she added.

Another National Assembly deputy being accused is former Parliament President Ara Babloyan. Babloyan strongly denied any involvement in a “usurpation of power” alleged SIS on 23 October. “An investigation is underway, and I have no right to speak about anything,” he said. “I have done everything in accordance with the law and the Constitution. I can only be accused of one thing, that I’ve promoted Nikol Pashinyan…  come to power,” he said.

On 17 October, the SIS launched the coup probe after seven of the eight other members of the Constitutional Court rejected the government-controlled parliament’s demands to replace chairman Hrayr Tovmasyan (Caucasus Watch reported). Five days later, the SIS challenged Tovmasyan’s appointment in March 2018 as chairman of Armenia’s Constitutional Court after bringing coup charges to Babayan. The SIS argued that the former Armenian parliament elected Tovmasian to the position of court chairman as a result of a “usurpation of power” by a “group of officials.” It claimed that they broke laws to install him just before sweeping constitutional amendments came into force in April 2018. The amendments introduced a six-year term in office for the head of Armenia’s highest court. Tovmasian was picked to run the court under the previous constitution which allows him to hold the post until the age of 70.