Deputy Speaker: The ruling bloc sees no problems with the decision of  the Constitutional Court of Armenia in the case of Robert Kocharyan

ArmInfo. The ruling bloc sees no problems with the decision of the Constitutional Court in the case of former Armenian President Robert Kocharyan. Deputy Speaker of  the National Assembly Lena Nazaryan said this to Radio Azatutyun,  commenting on the decision of the Constitutional Court, which last  week declared unconstitutional Article 300.1

of the Criminal Code,  according to which former Armenian President Robert Kocharyan and two  of his former subordinates - former Deputy Defense Minister Yuri  Khachaturov and former Chief of the General Staff of the Armed Forces  of Armenia Seyran Ohanyan-are accused in connection with the  post-election events of 2008.  Nazaryan stressed that the case was  considered by the prosecutor's office, and it also brought charges,  therefore, now the prosecutor's office should also defend the charge.

"I am convinced that the ruling power has no influence on the  judicial system. I am convinced that the Ministry of Justice is  making efforts to reform the judicial system. The rest of the issues  are actually in the sphere of law enforcement and judicial systems,  and they should present their part of the work to the public, " said  Lena Nazaryan.

At the same time, to clarify whether after this verdict of the  Constitutional Court the authorities still believe, as the Prime  Minister personally stated, that "the crisis around the  Constitutional Court is over", the Deputy Speaker of the parliament  replied: "Yes, I do not see any problem in this regard. I said we had  nothing to do with it."

At the same time, Nazaryan rejected the statements of Kocharyan's  defense that the decision of the Constitutional Court shows that the  case was a political persecution of the former head of state.  "There  was no political persecution. During the investigation of the case,  the prosecutor's office made an accusation that, in the opinion of  the prosecutor's office, is justified, now let the prosecutor's  office defend its accusation. There was no political persecution  here, "the deputy speaker of the Armenian parliament from the ruling  My Step party assured.

On March 29, the Constitutional Court (CC) published on its official  website the full text of the decision issued on March 26 in the case  of the second President of Armenia Robert Kocharian. In particular,  the Constitutional Court found the article on the overthrow of the  constitutional order, incriminated to Robert Kocharyan and two of his  former subordinates, accused in the case , to be  unconstitutional and invalid. Chairman of the Constitutional Court  Arman Dilanyan read out only the final part of the decision.  In its  42-page decision, the High Court concluded that the article 300.1 of  the Criminal Code, which provides for a penalty of 10 to 15 years of  imprisonment, contradicts Articles 78 and 79 of the RA Constitution.   These articles deal with the principles of proportionality and  certainty of laws.

The Constitutional Court in its decision notes: "No one can be  convicted for such an act or omission, which at the time of the  commission was not a crime. No more severe penalty may be imposed  than that which was applicable at the time of the commission of the  crime>.

In 2008, when there were post-election clashes between mass  protesters and security forces in Armenia and 10 people were killed  in the center of Yerevan, the Criminal Code did not contain article  300.1 on the overthrow of the constitutional order. The  Constitutional Court also notes that, according to article 73 of the  Constitution, < first, laws and other legal acts that worsen the  legal status of a person do not have retroactive effect. And  secondly, laws and other legal acts that improve the legal status of  a person have retroactive effect, if this is provided for by these  acts>.

After the decision of the Constitutional Court, the lawyer of the  second president, Aram Vardevanyan, said that the criminal  prosecution against Kocharyan should be stopped immediately. The  Prosecutor General's Office, which supports the prosecution in court,  has not yet expressed its position, waiting for the publication of  the decision.