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Protection Kocharian dismisses claims of constitutional court

Protection ex-the President of Armenia Robert Kocharian dismisses claims from the constitutional court not to interfere with the deputies to appeal to the court of changes in the basic law providing for the termination of powers of the head of the COP, said on Thursday to journalists by the lawyer of the former President, Aram Orbelyan.

Earlier, the parliamentary faction of the opposition party "prosperous Armenia" said that initiates the collection of signatures of at least 1/5 of the total number of deputies (27 MPs) to appeal to the constitutional court to challenge the amendments to the basic law, providing for the termination of powers of the head of the COP. The party urged the second opposition faction of Armenia to join the initiative to gain the necessary number of signatures. On Wednesday, the leader of the "Light of Armenia" Edmon Marukyan said that political power will appeal to the COP for amendments after discussion, the constitutional court of the Kocharian, to avoid politicization of the issue, the first meeting of the COP on the case is scheduled for July 7.

"We are withdrawing our two statements that are filed with the constitutional court almost a year ago. This morning we discussed with Kocharian the issue, and he said that if his case can be obstacles in the way of development of parliamentarism, the claims need to withdraw," said the lawyer, adding that one of the factions, "for some reason linked the question of the appeal to the constitutional court with the case of the former President."

Orbelian expressed confidence that the criminal proceedings against Kocharian will be terminated by the court of first instance in Yerevan taking into account the views of the European court of human rights and the Venice Commission of the Council of Europe.

Earlier, the constitutional court requested an Advisory opinion from the European court of human rights and the Venice Commission of the Council of Europe on the issue of conformity with the basic law of the country of articles of the criminal code "overthrow the constitutional order", on which the accused Kocharian. The Venice Commission, in its Advisory opinion in the case of Kocharian's recommended to be guided by the principle that interpretation of doubtful points in favor of the defendant. The ECtHR recalled the ban on retrospective application of criminal law to the detriment of the accused.

Eighteenth of June, the court of appeal of Armenia adopted a decision to release Kocharian on bail of 2 billion drams (about 4,15 million). Thus he satisfied the complaint of lawyers Kocharyan to the decision of the court of first instance of the city of Yerevan, which refused to release him. On Friday, the President returned home from the hospital after payment of bail.

The special investigation service on July 26, 2018 presented to Kocharian the prosecution to overthrow the constitutional order in the criminal case about the protesters on 1 March 2008. Kocharyan thinks the charges are trumped up as political persecution. In the case also are the former CSTO Secretary General Yuri Khachaturov, the ex-defense Minister Seyran Ohanian and former head of the presidential administration Armen Gevorgyan.