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    Categories: 2019

ACNIS reView

Pass of the week    
 
SEPTEMBER 14, 2019   

 

M:On September 7, the legal team of Robert Kocharyan, the accused in the case of Art. 1, the second president of Armenia, submitted a petition to the Yerevan Court of Common Jurisdiction to immediately remove Kocharyan’s preventive detention and stop the criminal prosecution. Apart from that, the defenders, in a letter addressed to the president of the court, requested to ensure that the submitted motions are handed over and examined immediately. They relied on the decision published by the Constitutional Court on September 4, according to which the High Court recognized as unconstitutional one of the two articles contested in the former president’s application, Article 35 of the Code of Criminal Procedure, which deals with the circumstances excluding the proceedings or prosecution of a criminal case.

…The decision of the Constitutional Court caused a great public response. These days, there is no shortage of those who criticize and oppose the decision in the press and social networks: lawyers, private citizens, political-social structures and others. Later put his authoritative word into circulation also Thatthe countynoting that S:D decision by force Robert Kocharyan towards initiated criminal the pursuit to stopto him free to release grounds there are noneTo Kocharyan’s supporters this sleeveless nodid n:they believe that their client is innocent ohand should be released immediately based on the decision of the High Court, and: the criminal prosecution should be stopped. “Continuation of detention after this decision is illegal… The decision means that a crime there is nonebecauseand: of the president actions they are not can criminal of trial in the framework of discussion object to become», – completeKocharyan’s lawyer Aram Orbelyan said in a conversation with writers։ According to him: if times contested in the law changes be done, all the same from that after and:s: Kocharyan no can obeyw:come out responsibility. Opponent arm representativenaturally, they also have their justifications, according to which the Constitutional Court’s decision in question is illegal, because the examination of the given problem is beyond the scope of his powers: Lawyer Tigran Yegoryan testifies S:D: 2010 in the year accepted number 918 someanda, in which it is saidof court impartiality and impartiality regarding doubtin availability conditions heldgiven judicial the act no match of the Constitution fixed principles and: no can be implemented: “Only this the basis enough isin order to exactly the same Constitutional of court by accepted the decision not happen»,- of freedom with in the conversation clarify is Yegoryan. By: his Kocharyan the application examined՝ CC: the members already and hasin:n: prejudiced attitudehow many that before «March: 1»-in: to the case related to different decisions regarding firstson authorities positions side I wasn: vote:

And indeed Kocharyan from the application ahead Constitutional of court judge Wahe Grigoryanthe mediation was submitted that CC: president Bye Tovmasyanuh, members Do?and:ik Petrosyanehand Hrant: Nazaryan they are not can unbiased and unbiased to examine this the caseGrigoryan with facts justify was the latter participation «March: 1»-in: related to to affairsHowever CC:n:without this the mediation to examinepassed isr: Kocharyan application to the exam: In parallel, Kocharyan’s “fakes” in the media and hired protesters demanding Kocharyan’s release began to intensify their “brainwashing” activities on the street.

Whether the main accused of “March 1” will be released from custody or not will be seen in the near future. One thing, however, is already clear. as evidenced by the latest developments related to the case and, especially, by the decision made by the Supreme Court on September 4, artificially generated a situation that is difficult to cope with. A situation that gives both interested parties equal opportunities to evade, to depart from the same legal norms in their own way, to get entangled in fruitless disputes on both sides. wide opportunity. Clearly, a miscalculation was made. Farewell to Tovmasyan and other representatives of the second president’s team (covert or overt?) successfully created eand for a special purpose to the public deliver such don’t a puzzle around which «from swinging swords» until internal division only is one step. Hey, beware of this.

 

S:On September 11, in defense of Amulsar, a march was called by the Armenian Environmental Front, which was joined by a number of activists, political forces and citizens. Pavlik Manukyan, Garegin Chugaszyan, Gevorg Safaryan, Andreas Ghukasyan, Karen Antashyan were among them. The participants of the march marched from the National Assembly building to the Opera House, chanting the slogan “No mine, as many as we exist”. As a result of Amulsar’s action, Mashtots Avenue was paralyzed, and the participants of the march called passers-by and drivers to join them. The drivers signaled their support to the activists.

… The public tension around Amulsar is not easing in any way. And people’s concern is understandable. Amulsar is not a peripheral Kajara, Alaverdi or Teghut, it is domineeringly spread right in the center of the water resources of the republic. The government and Prime Minister Nikol Pashinyan himself are trying to convince the environmentalists, the residents of the villages near the mine and the public and political figures and representatives of the intelligentsia interested in the problem, that the right thing is to exploit the mine. According to the government’s argument, it will promote the development of the economy, bring investments, cheap money, jobs, etc. The Union of Industrialists and Businessmen developed the same idea in its statement recently. And the Prime Minister?yesterday, when urging the residents of Termuk to open the roads leading to the mine, he assured that as of today there is no legal justification for banning the operation of the Amulsar mine.

Among the participants of the above-mentioned march bNationalist Ani Khachatryan retorts that Pashinyan “deliberately does not take into account many risks and claims that there are none”, despite the fact that he promised that even if there was a 0.01% risk, the mine would not be put into operation. According to Khachatryan, the prime minister performs a patronage function. Pashinyan’s “change of mind” also caused the surprise of Levon Barseghyan, head of the “Asparez” club of journalists. On his Facebook page, he gives several justifications for rejecting the Amulsar exploitation project within the framework of legality, citing the opinions of high-ranking experts in the field. At the end of the post, Barseghyan notes: “Now, questions. Where did Nikol’s intelligence and ingenuity go? Why does he insist on a rejected and harmful idea? Who influenced or scared that Armenia will suffer great losses? Why is he gradually separating from the public, what are they blackmailing him with, maybe… I can’t imagine, I don’t know.”

It would not be fair to say that the Government is “sleeping” the problem. Only recently, the executive with Amulsar’s agenda open and closed convened meetings, in order to discuss the situation, he met several times with representatives of “Lidian”, environmentalists, Jermuk and nearby communities residents, professionals, there were discussions, clarifications, debates. “Lydian Armenia” assures that the operation of the mine is 100 percent safe: “not a liter of water will be polluted either on the ground or underground, not a gram of dust, the pastures will even remain clean.” The other side, however, does not believe in such assurances and continues to insist that the operation of the mine is fraught with disastrous consequences, it should be closed immediately. And so consensus cannot be reached.

Meanwhile, the problem urgently requires a solution. Moreover, a solution based on the popular principle of “Measure seven, cut one”. That’s exactly what it seems to be doing. We will live and see.

 

Gevorg Lalayan commented

 

Ahead of the presidential and parliamentary elections of 2020, local self-government elections were held in Artsakh last Sunday. In 228 communities, 415 candidates for the head of the community and 2573 candidates for the member of the council of elders were nominated. The number of voters is 103 thousand 10. There were also elections in the capital Stepanakert, where a non-partisan Davit Sargsyan, founding director of “CONSULT FINANCE GROUP” JSC, president of Artsakh Kick-Boxing Federation, was elected mayor from 5 nominated candidates. In this election, unlike the previous ones, Armenian non-governmental organizations also carried out an observation mission, for which the RA government provided more than 33 million drams. Prime Minister Nikol Pashinyan congratulated the heroic people of Artsakh on the occasion of free, fair and competitive elections of local government bodies.

As part of the criminal case investigated by the Investigative Committee regarding the cases of apparent abuses allowed during the construction process of the “North-South” highway, charges were brought against Serzh Sargsyan’s brother Lyova Sargsyan, as well as the owners of the project’s subcontractor company, Suren and Gevorg Vardanyan. As a result of large-scale investigative and judicial actions, data was obtained that a clearly implemented criminal scheme was operating in the selection of subcontractor organizations during the implementation of the project. Sargsyan was charged with money laundering and using real or perceived influence for profit. A search warrant was announced against him and a petition was filed to choose detention as a preventive measure.

On September 12, the trial of Kocharyan and three other former high-ranking officials, former Minister of Defense Seyran Ohanyan, former Chief of the General Staff of the Armed Forces Yuri Khachaturov and former Secretary of the Security Council Armen Gevorgyan, began in the Yerevan Court of Common Jurisdiction on September 12. Kocharyan’s defenders submitted a petition, asking the court to immediately stop the criminal prosecution and release Robert Kocharyan from custody, based on the well-known decision of the Supreme Court. In front of the Shengavit court building, where the court session was scheduled, Kocharyan’s supporters and opponents held actions. The court went to the conference room to issue a judicial act, and upon returning, judge Anna Danibekyan announced that the act will be published on September 17, at 1:00 p.m.

  

Karagyozian Lena: