Armenia Constitutional Court's decision on Kocharyan's preventive measure (video)
During an open-door session, the Constitutional Court of the Republic of Armenia, examining through a written procedure the constitutionality of Article 35 and part 2 of Article 135 of the Criminal Procedure Code of the Republic of Armenia, based on the application of second President of the Republic of Armenia Robert Kocharyan, ruled:
1. To recognize, by virtue of the Constitution, Article 35 of the Criminal Procedure Code of the Republic of Armenia — functional immunity of officials endowed with special protection — with respect to not envisaging it as one of the circumstances excluding proceedings of the criminal case or criminal prosecution, as contradicting to point 4 of part 1 of Article 27, part 1 of Article 61 and part 1 of Article 63 and Article 78 of the Constitution and as invalid.
2. Part 2 of Article 135 of the Criminal Procedure Code of the Republic of Armenia complies with the Constitution.
President of the Constitutional Court Hrayr Tovmasyan informed that two judges of the Constitutional Court — Felix Tokhyan and Arman Dilanyan — have a special opinion.
The decision of the Constitutional Court shall be final and shall enter into force from the moment of its promulgation.