RFE/RL Armenian Report – 05/22/2019

                                        Wednesday, 

Prosecutors To Appeal Against Kocharian Trial Suspension

        • Ruzanna Stepanian

Armenia -- Prosecutor-General Artur Davtian (C) at the opening session of 
former President Robert Kocharian's trial in Yerevan, May 13, 2019.

Armenian prosecutors have decided to appeal against a judge’s controversial 
decision to suspend former President Robert Kocharian’s trial and request an 
important clarification from the Constitutional Court.

In his decision publicized on Tuesday, the district court judge presiding over 
the trial, Davit Grigorian, cited a “suspicion of discrepancy” between the 
Armenian constitution and coup charges brought against Kocharian. He also 
suggested that the constitution gives the ex-president immunity from 
prosecution in connection with the 2008 post-election violence in Yerevan.

The decision was condemned by lawyers representing relatives of protesters 
killed in the March 2008 clashes with security forces. One of them said the 
Constitutional Court must not take up the case because he is legally unable to 
appeal against the judge’s decision.

The Office of the Prosecutor-General clarified later on Tuesday, however, that 
Armenia’s Code of Procedural Justice allows it to file such an appeal. A 
spokesman for the office said it will therefore ask the Court of Appeals to 
annul the trial’s suspension.

One of Kocharian’s lawyers, Aram Orbelian, insisted on Wednesday that while the 
prosecutors can challenge the judge’s decision, the Court of Appeals is not in 
a position to overturn it.

“Under the existing legislation, the Court of Appeals has no right to look into 
the justifications for the [judge’s] appeal to the Constitutional Court,” 
Orbelian told RFE/RL’s Armenian service.

He predicted that the Court of Appeals will therefore rebuff the prosecutors. 
“It cannot say in place of the Constitutional Court whether a particular law 
conforms to the constitution,” he said.

Armenian law gives the Constitutional has one month to decide whether to hold 
hearings and rule on the appeal.

Orbelian confirmed reports that the court chairman, Hrayr Tovmasian, is his 
godfather. He said this fact does not represent a conflict of interest.

“I am simply one of the lawyers in this case,” added Orbelian. “I am not the 
defendant or prosecutor. The case does not apply to me.”

The prosecutors are also planning to appeal against Judge Grigorian’s separate 
decision on Saturday to release Kocharian from custody pending the outcome of 
the trial.

The decision angered many political allies and supporters of Prime Minister 
Nikol Pashinian, who hold Kocharian responsible for the 2008 bloodshed. At 
Pashinian’s urging, they blocked the entrances to court buildings across the 
country on Monday.The premier also called for a mandatory “vetting” of all 
judges and said many of them should quit even before the start of such a 
process.



Council Of Europe Chief Discusses Judicial Reform With Pashinian


France -- Council of Europe Secretary General Thorbjorn Jagland (R) and 
Armenian Prime Minister Nikol Pashinian at a joint news conference in 
Strasbourg, April 11, 2019.

Council of Europe Secretary General Thorbjorn Jagland and Prime Minister Nikol 
Pashinian discussed recent days’ developments in Armenia in a phone call on 
Wednesday.

“They agreed that the reform process, including the fight against corruption 
and the reform of the judiciary, should proceed in conformity with the 
Constitution, the relevant international standards and Armenia's obligations as 
a member state of the Council of Europe,” the Strasbourg-based human rights 
organization said in a statement.

“Secretary General Jagland confirmed the organization’s support to Armenia’s 
reform agenda,” it said. “A delegation of Council of Europe experts will travel 
to Yerevan in the next days to offer advice and assistance with the necessary 
reforms.”

Pashinian’s press office released an identical readout of the conversation.

The two men spoke by phone one day after two representatives of the Council of 
Europe’s Parliamentary Assembly (PACE) expressed concern at Pashinian’s weekend 
calls for his supporters to block the entrances to all court buildings in 
Armenia. They at the same time welcomed Pashinian’s declared efforts to reform 
the Armenian judiciary.

“Political stakeholders must refrain from actions and statements that could be 
perceived as exerting pressure on the judiciary,” read a joint statement 
released by Yuliya Lovochkina and Andrej Sircelj, the PACE co-rapporteurs 
monitoring Armenia’s compliance with its membership obligations.


ARMENIA -- Supporters of Prime Minister Nikol Pashinian are watched by police 
as they blockade the entrance to a court building in Yerevan, May 20, 2019

Lovochkina and Sircelj noted that Pashinian urged the court blockade following 
a Yerevan court’s controversial decision to order former President Robert 
Kocharian released from prison pending the outcome of his trial on coup charges 
denied by him.

“Without prejudice to the merits of this decision, we wish to emphasise that 
the independence of the judiciary is a pre-requisite for the rule of law, and 
that the rule of law is therefore best served by the absence of any 
interference from political actors,” they said. “There are clear legal 
procedures, such as appeals to a higher court, to challenge a court decision 
that seems questionable.”

The PACE co-rapporteurs at the same time acknowledged “the still low level of 
public trust in the judiciary” in Armenia. “Judicial reforms remain a priority 
and we welcome Prime Minister Nikol Pashinian's stated desire for far-reaching 
reform of the judicial system, particularly with regard to the fight against 
corruption, as well as his wish to associate the Council of Europe with it,” 
they added.

The court blockade, condemned by the Armenian opposition as illegal, began on 
Monday morning. It ended a several hours later, shortly after Pashinian held an 
emergency meeting with senior state officials to announce a “surgical 
intervention” in the judicial system.

He said Armenian courts remains closely linked to the country’s “corrupt” 
former leaders. The premier announced plans for a mandatory “vetting” of all 
judges and said many of them should quit even before the start of such a 
process.



Council Of Europe Chief Discusses Judicial Reform With Pashinian


France -- Council of Europe Secretary General Thorbjorn Jagland (R) and 
Armenian Prime Minister Nikol Pashinian at a joint news conference in 
Strasbourg, April 11, 2019.

Council of Europe Secretary General Thorbjorn Jagland and Prime Minister Nikol 
Pashinian discussed recent days’ developments in Armenia in a phone call on 
Wednesday.

“They agreed that the reform process, including the fight against corruption 
and the reform of the judiciary, should proceed in conformity with the 
Constitution, the relevant international standards and Armenia's obligations as 
a member state of the Council of Europe,” the Strasbourg-based human rights 
organization said in a statement.

“Secretary General Jagland confirmed the organization’s support to Armenia’s 
reform agenda,” it said. “A delegation of Council of Europe experts will travel 
to Yerevan in the next days to offer advice and assistance with the necessary 
reforms.”

Pashinian’s press office released an identical readout of the conversation.

The two men spoke by phone one day after two representatives of the Council of 
Europe’s Parliamentary Assembly (PACE) expressed concern at Pashinian’s weekend 
calls for his supporters to block the entrances to all court buildings in 
Armenia. They at the same time welcomed Pashinian’s declared efforts to reform 
the Armenian judiciary.

“Political stakeholders must refrain from actions and statements that could be 
perceived as exerting pressure on the judiciary,” read a joint statement 
released by Yuliya Lovochkina and Andrej Sircelj, the PACE co-rapporteurs 
monitoring Armenia’s compliance with its membership obligations.


ARMENIA -- Supporters of Prime Minister Nikol Pashinian are watched by police 
as they blockade the entrance to a court building in Yerevan, May 20, 2019

Lovochkina and Sircelj noted that Pashinian urged the court blockade following 
a Yerevan court’s controversial decision to order former President Robert 
Kocharian released from prison pending the outcome of his trial on coup charges 
denied by him.

“Without prejudice to the merits of this decision, we wish to emphasise that 
the independence of the judiciary is a pre-requisite for the rule of law, and 
that the rule of law is therefore best served by the absence of any 
interference from political actors,” they said. “There are clear legal 
procedures, such as appeals to a higher court, to challenge a court decision 
that seems questionable.”

The PACE co-rapporteurs at the same time acknowledged “the still low level of 
public trust in the judiciary” in Armenia. “Judicial reforms remain a priority 
and we welcome Prime Minister Nikol Pashinian's stated desire for far-reaching 
reform of the judicial system, particularly with regard to the fight against 
corruption, as well as his wish to associate the Council of Europe with it,” 
they added.

The court blockade, condemned by the Armenian opposition as illegal, began on 
Monday morning. It ended a several hours later, shortly after Pashinian held an 
emergency meeting with senior state officials to announce a “surgical 
intervention” in the judicial system.

He said Armenian courts remains closely linked to the country’s “corrupt” 
former leaders. The premier announced plans for a mandatory “vetting” of all 
judges and said many of them should quit even before the start of such a 
process.



Press Review


“Haykakan Zhamanak” says that former President Robert Kocharian has been the 
sole beneficiary of recent days’ dramatic developments triggered by his release 
from detention. The pro-government paper says Armenia and Karabakh “have paid 
the price” for his release. “The most terrible thing has happened: the 
administration of justice has turned into an Armenians-Karabakhis discourse and 
the two sides, so to speak, have gone over the top in some cases,” it says. 
“Robert Kocharian personally provoked that, and he did so skillfully.” This is 
why, it says, supporters of Kocharian waved Karabakh flags outside the Yerevan 
court that ordered his release.

“Zhamanak” reports that the two Armenia rapporteurs of the Council of Europe’s 
Parliamentary Assembly (PACE) issued a statement on Tuesday regarding Prime 
Minister Nikol Pashinian’s actions targeting the Armenian judiciary. “They 
welcomed Pashinian’s will and readiness to carry out judicial reforms, 
including with the Council of Europe’s assistance,” writes the paper. “But most 
of the statement was devoted to criticism of his calls for blockading the court 
buildings. In other words, the PACE co-rapporteurs focused their attention on 
an issue which served as a political background for ongoing realities, rather 
than their essence.” That essence, according to the paper, is “the immunity of 
the Armenian velvet revolution and political guarantees of the prospect of a 
democratic Armenia.” “The PACE co-rapporteurs have thus turned a blind eye to 
this extremely important political circumstance,” it says.

“Zhoghovurd” hits out at Vazgen Manukian, a veteran politician heading 
Armenia’s Public Council. Pashinian reappointed Manukian as chairman of the 
advisory state body recently. “Many criticized Nikol Pashinian [for doing 
that,] and with his actions in recent days Vazgen Manukian is consistently 
proving that they were right to criticize the prime minister for being so kind 
towards Manukian,” writes the paper. “At yesterday’s emergency meeting of the 
Public Council he rushed to criticize Nikol Pashinian’s statements made the 
previous day. And most importantly, he found dangerous and damaging the 
authorities’ intention to set up an ad hoc parliamentary commission that will 
investigate the April 2016 war [in Karabakh.]”

(Lilit Harutiunian)


Reprinted on ANN/Armenian News with permission from RFE/RL
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