Armenia may resume criminal case against ex-president

Armenian ex-President Robert Kocharyan’s lawyer Hayk Alumyan has said that the criminal case against Kocharyan and others may be revived.

“The Court of Cassation has requested the Constitutional Court to reclassify the case,” Alumyan told journalists, Caliber.Az reports.

On March 26, Armenia’s Constitutional Court deemed Article 300.1—under which Kocharyan and several former officials were charged—as unconstitutional and invalid. Subsequently, the Yerevan court halted the criminal prosecution of Kocharyan, former Deputy Prime Minister Armen Gevorgyan, former Defence Minister Seyran Ohanyan, and former Chief of the General Staff of the Armenian Armed Forces Yuri Khachaturov under this article.

On July 22, the Constitutional Court of Armenia affirmed that Part 3 of Article 309.1 of the 1998 Code of Criminal Procedure is constitutional. This provision allows for charges against a defendant to be altered or amended if new evidence presented during the trial suggests a different crime has occurred. Crucially, any modifications to the charges must be made before the court adjourns for sentencing, enabling the court to adjust the charges to reflect newly discovered facts.

Additionally, the Court of Cassation requested the Constitutional Court’s review of other provisions—Articles 1, 4, and 5 of Article 35, and Part 2 of Article 366. The Constitutional Court has since discontinued proceedings in Robert Kocharyan’s case related to these articles. Moreover, Judge Seda Safaryan has been disqualified from participating in the case due to her prior involvement in the matter in a different court.

Judge Hrayr Tovmasyan has also been barred from participating in the case due to findings of bias towards the participants.

Hayk Alumyan noted that clarity on the situation will depend on the Court of Cassation’s decision following the Constitutional Court’s ruling.

"Article 300.1 of the Criminal Code of Armenia was declared unconstitutional, and it appears the prosecutor’s office aims to reclassify the same actions as abuse of power or negligence. The Constitutional Court’s decision effectively allows for the reclassification of charges from an unconstitutional article to a different one," Alumyan added.

The Armenian opposition, led by ex-President Levon Ter-Petrosyan, organised continuous rallies and marches in March 2008 to protest the results of the February 19 presidential elections. The demonstrations led to violent clashes with law enforcement on March 1–2, resulting in 10 deaths and approximately 200 injuries.