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On publication in “Zhoghovurd” daily
2018-09-12

The issue on taking or refusal to take into proceeding appeal of the RA Prosecutor General against the decision of the RA Court of Appeal by the RA Court of Cassation was this time referred to by “Zhoghovurd” daily in its “The Prosecutor’s appeal hangs in the air” publication (11.09.2018). The author of the article having referred to information allegedly received from judicial system made obviously wrong and non-professional analysis, thus misleading the readers. Particularly, according to the author, having selected recognizance not to leave as a measure of restriction with regard to Robert Kocharyan, the body of proceeding enabled the RA Court of Cassation not to consider the appeal of the RA Prosecutor General against decision of the RA Court of Appeal on removal of the measure of restriction in the form of taking into custody, which was made before; as the above mentioned measures of restriction, namely taking into custody and recognizance not to leave may not be applied related with each other. By giving importance to the matter of providing true information to the public, in which the latter is interested, and to disprove the non-professional and unreasonable analysis and misrepresentation placed in the article, we deem it necessary to present the following explanation

First, the RA Special Investigation Service selected recognizance not leave as a measure of restriction with regard to Robert Kocharyan, not together with the custody, but after the RA Court of Appeal has taken decision on removal of the measure of restriction in the form of taking into custody, which was selected before. In other words, when the measure of restriction in the form of recognizance not leave was being selected, no other measure was applied to him.

Besides, selecting recognizance not leave as a measure of restriction with regard to accused may not affect the process of taking the cassation appeal into proceeding and further consideration, as the subject of appeal is the decision of the RA Court of appeal on removing taking into custody. The other question is, that in case of further selecting  taking into custody as a measure of restriction, the recognizance not leave must be removed.

It is worth mentioning that a number of cases are known, when the RA Court of Cassation had taken into proceeding and considered cassation appeals against decision on removal of custody, in the terms where after removal of taking into custody as a measure of restriction the body of preliminary investigation selected recognizance not to leave as a measure of restriction.

As an example decision N YEAKD/0986/06/16 of the RA Court of Cassation dated 30.08.2017 on Artur Khachatryan can be taken. The court of first instance took decision on selecting taking into custody as a measure of restriction with regard to the accused. Having examined the appeal of the counsel for defense the RA Criminal Court of Appeal on February 2, 2017 took decision to satisfy the appeal, to invalidate the decision of the court of first instance made on December 22, 2016, to remove the decision on selecting taking into custody with regard to the accused A. Khachatryan and releasing him immediately. After that the body of proceeding selected recognizance not to leave as a measure of restriction with regard to the accused. However, deputy Prosecutor General of RA appealed to the RA Court of Cassation against the decision of the RA Court of Appeal. By decision of the Court of Cassation as of May 25, 2017 the appeal was taken into proceeding and by decision as of August 30, 2017 the appeal was satisfied: decision of the RA Criminal Court of Appeal on Artur Khachatryan, dated February 2, 2017 was repealed and decision on selecting taking into custody as a measure of restriction with regard to A. Khachatryan was effected, by the decision of the Court of first instance of general jurisdiction of  Arabkir and Kayakers Zeytun Administrative districts of Yerevan city dated December 22, 2016.

Taking into consideration the above stated, the mass media is recommended to check the accuracy of information or the source of information, to advise with competent authorities before publishing and duly prepare for publishing to avoid such situations.