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  • Ruled Anti-Constitutional

    RULED ANTI-CONSTITUTIONAL

    http://a1plus.am/en/politics/ 2010/03/30/sd
    06:20 pm | March 30, 2010

    Politics

    The Constitutional Court recognized the article of the Penal Code that
    permitted quashing the criminal case on the grounds of insufficient
    evidence as anti-constitutional and invalid.

    The Constitutional Court took the decision today by examining the
    appeals filed by Armenian National Congress representative Karapet
    Rubinyan and "Hanrapetutyun" (Republic) party leader Aram Sargsyan
    through a written procedure.

    After March 1, 2008, a criminal case had been brought up against
    Karapet Rubinyan and Aram Sargsyan under the charges of usurping state
    power and organizing mass disturbances, but both were off persecution
    in December 2008 on the grounds of insufficient evidence through the
    application of Part 2, Article 35 of the Penal Code.

    Artak Zeynalyan, representative of Aram Sargsyan and Karapet Rubinyan,
    told "A1+" that they are dealing with a hypothesis: If there is
    no evidence, there is no guilt and the case must be quashed on the
    grounds of innocence.

    "We think there is no need for Article 35. It goes against Articles
    18 and 21 of the Constitution," said Artak Zeynalyan and informed
    that they were going to appeal to the Cassation Court with the demand
    to reconsider the appeals by which the grounds for quashing the case
    against those persons was still in effect.
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