Constitutional Court Statement on the Kocharian and Others Case

The Constitutional Court has responded to certain media reports regarding the suspension of the proceedings of the Kocharian and others case and the application submitted to the Constitutional Court by the Yerevan Court of General Jurisdiction. The reports suggest that this application deprives the parties in the proceedings of the opportunity to appeal that decision, as the criminal case, along with all its materials, has been sent to the Constitutional Court, and the appellate criminal court cannot examine the appeal without the materials of the criminal case.

The staff of the Constitutional Court issued a statement addressing these issues, which, in particular, states:

“The staff of the Constitutional Court of the Republic of Armenia, in response to certain media reports that the application of the Yerevan Court of General Jurisdiction regarding ‘the application to the Constitutional Court and the suspension of the proceedings’ (decision of May 20, 2019, in case ED/0253/01/19) deprives the parties of the possibility to appeal that decision, given that the criminal case has been sent to the Constitutional Court and the appellate court cannot examine the appeal without the materials of the criminal case, informs that, unlike the provision of Article 71(6) of the Law on the Constitutional Court as amended in 2006, which states: ‘The application shall be accompanied by the case that is in the applicant’s proceedings, which shall be returned to the applicant after the decision of the Constitutional Court is adopted,’ the Article 71 of the Constitutional Law on the Constitutional Court of 2018 no longer sets such a requirement.

Therefore, if Judge D. Grigoryan of the Yerevan Court of General Jurisdiction submits a relevant document to the Constitutional Court, the materials of the criminal case attached to the application can be returned. In the subsequent stages of the proceedings, if necessary, the Constitutional Court may request those materials in accordance with Article 42 of the Constitutional Law on the Constitutional Court. The return of the materials of the criminal case attached to the application, under the aforementioned regulations, cannot affect the further proceedings of that case in the Constitutional Court as prescribed by the Constitutional Law on the Constitutional Court.”