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ԻԻՀ գլխավոր դատախազի այցը ՀՀ

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The RA Prosecutor’s Office Division of Public Relations, head of the Division – Arevik Khachatryan

02.08.2021 | Explanation and response

During the first session of the eighth Convocation of the RA National Assembly the legality of prosecution and detention applied against Artur Sargsyan and Mkhitar Zakaryan, Deputies of the RA National Assembly, elected from the Alliance Armenia are groundless and are manipulated for obvious political motives as if their immunity is not being overcome. In addition, Aram Vardevanyan, a Deputy from the Alliance Armenia stated at the RA National Assembly, that the answer of the letter addressed to the RA Prosecutor General was not received up to date.

 

First of all, it is worth of mentioning that Mr. Vardevanyan’s letter was received on 27 July of this year, the answer of which is dated on 29 July and it was handed to Haypost on 30 of July for delivery. That is the deadlines were clearly observed.

 

Taking into account that the official answer to A. Vardevanyan’s letter fully includes the clear position of the RA Prosecutor’s Office regarding the legal issue of overcoming immunity by the mentioned two people we publish the whole content:

 

“According to Article 96 of the RA Constitution:

 

“1. (…)

 

2. Criminal prosecution may be initiated against a Deputy only upon the consent of the National Assembly. A Deputy may not be deprived of liberty without the consent of the National Assembly, except for the case of having been caught at the time of committing a criminal offence or immediately thereafter (…)’’.

 

It is obvious from the quoted provision that the immunity of the Deputy of the RA National Assembly refers to initiating criminal prosecution against him, depriving him of liberty. This constitutional guarantee of the activity of the deputy of the National Assembly of the Republic of Armenia obviously implies that the criminal prosecution against the Deputy of the National Assembly of the Republic of Armenia can start, and the measure of deprivation of liberty can be applied only with the consent of the National Assembly of the Republic of Armenia. It is not considered in any case that consent must be sought from the National Assembly of the Republic of Armenia and the National Assembly must give its consent to the criminal prosecution or deprivation of liberty that has already taken place before receiving the status of Deputy.

 

Moreover, the people mentioned in the application, being Deputy Candidates of the RA National Assembly, were deprived of their liberty by following the guarantee defined according to Article 90 of the RA Electoral Code, that is, with the consent of the RA Central Electoral Commission. And after obtaining the status of Deputy of the National Assembly, the requirement of reaching the consent of the National Assembly on the same issue is not foreseen.

 

In regard with the position expressed by the RA Deputy Prosecutor General at the mentioned court session on the criminal case ED/0253/01/19 on which you solely grounded for submitting the application, it has nothing to do with the circumstances of the cases on the mentioned people and the procedural situations regarding them are obviously different.

 

Presenting such an argument, you have clearly ignored the fact that in the case in which the Deputy Prosecutor General made a statement at the court hearing, one of the defendants who was granted the mandate was not deprived of liberty, the issue of reaching the consent of the National Assembly in case of imposing a punishment was discussed with the court”.

 

Taking into account the above-mentioned we call upon to refrain from attempts of distortion of the meaning of appropriate legal regulations of the RA Constitution as well as criminal procedure.