Armenian Court of Appeals Judge Ruben Mkhitaryan has rejected a motion, filed by lawyers for ex-Armenian President Robert Kocharyan, that he recuse himself from the trial to decide whether Kocharyan can be detained and prosecuted on the charge of usurping state power in 2008.

Kocharyan’s lawyers argued that Mkhitaryan was selected to preside over the case by lottery, a procedure not envisaged by the law.

It was on July 26 of this year that Kocharyan was charged with usurping state power during the March 1, 2008 post-election public protests. 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.

Armenian Prosecutor General Artur Davtyan yesterday again declared that Kocharyan must be detained at this stage of the investigation of the March 1, 2008  post-election protests during which eight civilians and two police officers died.