Marina Poghosyan Involved as Victim's Representative in Kocharyan and Others Case
In today's session of the case against Robert Kocharyan and others, human rights defender Marina Poghosyan was involved as the representative of the victim Suren Hovhannisyan. Poghosyan presented the authorization of the victim Suren Hovhannisyan to the court for her involvement as his representative. The victim and the prosecution did not object to this.
However, Robert Kocharyan's defense attorney Hayk Alumyann objected. "The Criminal Procedure Code states that the interests of a person can be represented in court by lawyers and other authorized individuals, but this 'other person' is certainly not just anyone. It is specified in the Law on Advocacy who cannot participate as other individuals. According to this law, representation in court can be carried out only by lawyers on a regular or paid basis. There are exceptions, of course, but Ms. Poghosyan does not fall into those exceptions," Alumyann said.
According to him, if Marina Poghosyan were to perform such activities occasionally and not regularly, under the Criminal Procedure Code, she could participate as that other person. "However, Ms. Poghosyan herself just noted that she participates regularly as a representative," Alumyann added.
Marina Poghosyan responded to Alumyann's statement: "I am attending this session for the first time, but yes, I will participate regularly, and nothing excludes my involvement. A citizen approached our organization, asking to represent his interests through me as its president," Poghosyan replied.
Robert Kocharyan's attorney Aram Orbelian also raised an objection, stating that in this case, as well as in any general case, the president of a civil organization cannot act as a representative of interests. "A human rights organization cannot carry out defense or representative powers," he emphasized.
Responding to this statement, Marina Poghosyan said, "There is no law preventing or obstructing the representation of an organization leader in court. The defense side does not want me to participate in this legal case due to their personal motivations."
After hearing the parties, Judge Anna Danibekyan noted that the defense had not provided any argument that would obstruct Marina Poghosyan's participation, and considering the relevant article of the Criminal Procedure law, the court decided to involve Marina Poghosyan as the victim's representative, while also emphasizing that no civil organization can act as a representative of the victim.
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