Armenian Ombudsman examined complaints of second president`s defense  team

ArmInfo. Robert  Kocharyan's defense sent complaints to the office of the Ombudsman  regarding the rights of the second president of Armenia. According to  the office of the RA Ombudsman, the decision of the Human Rights  Defender initiated the production of consultations, which, among  other issues, included those that were voiced during the meeting with  Robert Kocharyan himself. The office also informed that, they had  received complaints related to Kocharyan's rights from a group of  citizens.

"One of the protection issues raised is that the day after the first  arrest of Robert Kocharyan on July 28, 2018, the investigator's  decision imposed a ban on his visits and telephone conversations with  close relatives, representatives of the media and other people, with  the outside world In general, despite the fact that the ban was  subsequently partially lifted, according to lawyers as a whole, the  decision to ban is not lawful and has no reason to apply.

On this issue, the Ombudsman sent a letter to the RA Ministry of  Justice with a request for clarification on the fact. Based on the  analysis of these explanations, the Human Rights Defender sent an  additional note to the Ministry of Justice with relevant  justifications and proposals, "the Ombudsman's office said.

The next issue rose by the defense of Kocharyan and a group of  citizens, according to the Ombudsman's office, concerned the  illegality of using arrest as a preventive measure. "In addition,  according to them, the immunity of Robert Kocharyan is ignored, court  proceedings are constantly adjourned, hearings are not held, which in  the first place violates his right to a fair trial and personal  freedom. Lawyers note that their petitions to the court, including  release from detention and release on bail are usually not considered  by the court, and hearings are not scheduled, despite the fact that  the process of replacing a judge has been successfully completed.  However, it should be noted that the essence of the above issues is  such that they can only be the subject of discussion by the courts,  "the Ombudsman's office said in a statement, while recalling the  powers of the human rights defender, which indicates the illegality  of the Ombudsman's interference in court cases concerning the powers  judges for specific cases. 

The office of the Ombudsman stated that they did not intend to go  beyond their authority on the issue that was voiced, but he would  continue to remain under their close attention, as far as  constitutional human rights were concerned.

Thirdly, the Ombudsman of Armenia examined in detail the decision of  the Constitutional Court of September 4, according to the statement  of Robert Kocharyan, where the court appointed both individual and  general remedies. Without touching on individual remedies because  they are in the jurisdiction of the court, the Ombudsman of Armenia  assessed general remedies. "The general remedies established by the  Constitutional Court are systemic in nature and relate or may relate,  according to the court, to the elementary rights of officials, with  special protection.

And consequently, the wording of the Constitutional Court on the  obligations of the legislative body to establish clear regulations  that, from the point of view of the functioning of the immunity, will  allow for effective prosecutorial control and judicial supervision of  pre-trial criminal proceedings, as well as, in addition to general  requirements, also assess the legality of the use of arrest in  relation to those who possesses immunity and in respect of whom  criminal prosecution has been initiated. Therefore, this problem  should be considered as a systemic problem that needs to be solved.

This applies not only to the resigned presidents, but is also more  important for the human rights system of the country, since it also  addresses the issue of the functional immunity of the Human Rights  Defender, members of the National Assembly, judges and other  officials enjoying special protection, "stated Ombudsman's office,  adding that the above issues are in the focus of attention of the  human rights defender.