Armenia's Highest Court Declares Article 300.1 to be Unconstitutional

• 03.26.2021, 19:18
•  Armenia

Armenia’s Constitutional Court declared Article 300.1 of the country's Criminal Code, under which former president Robert Kocharyan is charged, to be unconstitutional, Panorama.am reports.

President Kocharyan was accused of overturning the constitutional order of the country within criminal investigation into March 1, 2008 post-electoral devents. Kocharyan, who served as Armenia’s president at a time of March 1, 2008, declared a 20-day state of emergency, with the approval of the Armenian parliament, banning future demonstrations. 

In July 2019, Robert Kocharyan and his lawyers asked the highest court of Armenia to determine the constitutionality of Article 300.1. The defense team of the former president argued, among other things, that the clause was added to the Criminal Code in 2009 and cannot be used retroactively against him.

The verdict of the Court read out by its President A. Dilanyan said that the Article in question "contradicts to Articles 78 and 79 of the Constitution of the Republic of Armenia and is declared void." The decision is final and takes effect upon its publication. 

To note, Articles 78 and 79 of the Constitution concern the principles of Proportionality and Certainty.