Advocate: Ashotyan’s case gives grounds for bringing criminal prosecution against the Prosecutor General when times change
I think that all reasonable people have understood the
essence of Armen Ahsotyan’s case and there is nothing to add on this account.
RPA Vice President’s advocate Tigran Atanesyan made a Facebook post on this.
“It is obvious that the legal authorities obey the
orders issued by the political authorities, thereby distorting the true essence
of legal science and breaking every legal and moral norm. Having the full
realization of what they are up to, the legal authorities have always sought to
ensure themselves against the possible unwelcome developments in the future.
However, this does not hold true for Armen Ashotyan’s case.
I cannot say what the reason for this is. However, such mistakes are made,
which in turn, provide a basis for Armen Ashotyan’s immediate release.
Armen is charged with three Articles of the former Criminal
Code. One of them is Part 3 of Article 179, providing for five to eight years’
imprisonment. This Article corresponds to Part 3 of Article 256 of the current
Criminal Code, which provides for four to eight years’ imprisonment. The
difference seems to be subtle, not taking into account the fact that every
single moment spent in the penitentiary is an ordeal. Anyway, as the new
Article provides for a more lenient sentence, neither under the Constitution,
nor the current Criminal code, Armen could be charged with Part 3 of Article
179. And in case he is charged with that very Article, this is an unlawful act.
By and large, if we consider that the law is made for man, Armen Ashotyan is
not a defendant, and no measure of restraint can be imposed on him.
Now I will firmly declare that, regardless of every
circumstance, namely the political motives of the prosecution, the fact that
there is no corpus delicti, Armen Ashotyan is not a defendant even in this
case. Thus, no measure of restraint can be imposed on him. And the RA
Prosecutor General is obliged to release him immediately. Surely, she will not
do that. But all of this gives grounds for bringing criminal prosecution
against the Prosecutor General when times change,” Atanesyan wrote.