Law 13:29 14/10/2019 Armenia

ECHR constitutes Grand Chamber to provide advisory opinion over Kocharyan case

The European Court of Human Rights (ECHR) has accepted a request for an advisory opinion from Armenia’s Constitutional Court over the criminal case involving Armenia’s second President Robert Kocharyan.

The petition was filed to the court based on the applications of the Yerevan Court of General Jurisdiction and Robert Kocharyan himself.

The court has constituted a Grand Chamber of 17 judges to consider the petition, ECHR said.

The president of the Grand Chamber has also established a time-frame for submissions from the parties to the domestic proceedings or other interested parties, including the Armenian government and the commissioner for human rights.

The court reminds that the request for an advisory opinion was introduced on 2 September this year and on 2 October it was accepted by the Panel of the Grand Chamber.

The advisory opinion requested by Armenia’s top court relates to proceedings pending before it in which it is asked to review the constitutionality of Article 300.1 of the Criminal Code, which penalizes the overthrowing of the constitutional order.

The president of the Grand Chamber has invited the parties to the domestic proceedings before the Armenian Constitutional Court, namely the National Assembly and Robert Kocharyan, to submit written observations by 19 November.

Armenia is the second country to seek such an opinion under Protocol No. 16 to the European Convention on Human Rights. France made the first request in October 2018.

Protocol No. 16 allows the highest courts and tribunals, as specified by member states which have ratified it, to request advisory opinions on questions of principle relating to the interpretation or application of the rights and freedoms defined in the European Convention or its protocols.



Source Panorama.am
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