Serzh Sargsyan's Defender Submits Recusal Request Against Prosecutor

During the first hearing of the judicial case involving the third President of Armenia and the leader of the Republican Party, Serzh Sargsyan and others, Judge Vahe Misakyan inquired whether a recusal request would be submitted against the prosecuting attorney. In response, the defense team positively confirmed and began to present the motion.

It should be noted that the prosecution in court is represented by Arsen Martirosyan, head of the supervisory department of the Special Investigation Service of the Republic of Armenia.

“According to Article 15 of the Criminal Procedure Code of the Republic of Armenia, it is stipulated that a principle of fair examination of the matter must be upheld, and in accordance with part 2 of this article, a prosecutor cannot participate in a criminal case if they have a direct or indirect interest in the outcome of the case,” stated Serzh Sargsyan's defender Ruben Hakobyan while presenting the motion.

He also noted that the prosecutor may self-recuse if they have a biased attitude towards a party in the case, their representative, lawyer, or other participants in the proceedings.

“Upon reviewing the materials of the criminal case, doubts have arisen regarding the impartiality, objectivity, and independence of the prosecutor, as well as their ability to operate independently in this criminal case and be free from various external influences, pressures, and other interferences without being guided by presumptions,” the defender explained while presenting the grounds for the motion.

According to him, during the pre-trial criminal proceedings, the prosecuting authorities have failed to undertake the necessary measures for a detailed and objective investigation of the case in question.

“Insufficient measures have been taken to clarify all circumstances that exonerate the third President of Armenia; evidence that would exonerate him has been ignored, and instead, the only evidently untrustworthy piece of evidence available in the case has not been assessed as such, resulting in an apparent illegal and unfounded decision not to dismiss Serzh Sargsyan as a defendant,” noted defender Hakobyan.

The court has left for deliberation. The decision will be announced on February 26 at 3:30 PM.