Lawyers representing former Armenian President Robert Kocharyan, charged with usurping state power during the March 1, 2008 post-election public protests, are expected to file a motion today seeking the recusal of Court of Appeals Judge Ruben Mkhitaryan who is hearing the case as to whether Kocharyan can be prosecuted or not.  

The trial began yesterday but had to be postponed because the lawyers argued they needed more time to draft the recusal motion. They have yet to declare the basis for the recusal motion.

Kocharyan was so charged on July 26 of this year, after then Prime Minister Nikol Pashinyan declared an investigation of the March 1, 2008 protests that killed ten. Two days later, a Yerevan court issued an order detaining him for two months.

On August 13, the Court of Appeals ruled that Kocharyan cannot be prosecuted for the March 1, 2008 post- election violence in Yerevan that killed ten because he enjoys presidential immunity.

On August 20, Armenia’s Prosecutor General’s Office filed a complaint with the Court of Appeals, protesting its decision not to detain Kocharyan.

On November 15, the Court of Cassation has decided to send the matter of whether to detain former Armenian President Robert Kocharyan, who has been charged with “usurping state power” during the March 2008 post-election public protests, back to the Court of Appeals for review.