Aram Orbelian, a lawyer representing the interests of former Armenian president Robert Kocharian, has described yesterday’s decision by the Special Investigative Service (SIS) not to allow his client to leave Armenia pending investigation as illegal.
Still, he said, the ex-president will sign a written pledge confining him to the country limits, if necessary.
Kocharian, who ruled Armenia from 1998-2008, stands accused of illegally using the armed forces against opposition supporters who protested against alleged fraud in a disputed presidential election a decade ago. Eight protesters and two police personnel were killed when security forces broke up those demonstrations on March 1-2, 2008.
Kocharian spent more than two weeks in custody last summer. The Court of Appeals on August 13 overturned a district court’s July 27 decision to allow Kocharian’s arrest. It said that the Armenian constitution gives the ex-president immunity from prosecution. The Prosecutor’s Office has appealed the court’s decision at Armenia’s highest judicial instance – the Court of Cassation, which is still to consider the case.
SIS spokesperson Marina Ohanjanian told RFE/RL’s Armenian service (Azatutyun.am) on Tuesday that investigators have decided to apply a measure of restraint called “a written undertaking not to leave [the country]” in relation to Kocharian. The decision comes one day after Kocharian, through his lawyer, revealed his intention to travel to Germany for an annual medical examination.
“Taking into account the decision of the Court of Appeal that immunity is applied to the charges [brought against Kocharian] and that, accordingly, no criminal prosecution can be pursued on those charges, we assume that any action aimed at criminal prosecution – and applying a measure of restraint is also an act of prosecution – is not legal,” said Orbelian.
The lawyer said that they have not yet received the text of the decision. “We will see it and then give a more detailed assessment,” he said, adding that they will appeal the decision “if it proves to be what we think it is.”
Kocharian insists that there are no grounds for his prosecution and claims political motives for that. The 64-year-old former leader announced his return to active politics on August 16.
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