The Constitutional Court investigated the applications of oppositional leaders Karapet Roubinyan and Aram Sargsyan and decided that the provision of the Criminal Procedure Code, according to which a criminal case is subject to suspension if the crime is not proved, contradicts the RA Constitution and should be annulled.

The Constitutional Court made this decision yesterday through investigation of applications of the representative of the Armenian National Congress Karapet Roubinyan and Head of the "Republic" political party Aram Sargsyan.

In 2008 after the post-election events, a criminal case on usurpation of governmental power and organization of mass disorder was opened against the oppositional figures. In December 2008 the cases against both oppositional leaders were suspended due to lack of evidence, according to Article 35, part 2 of the Criminal Procedure Code.

Artak Zeynalyan, representative of Aram Sargsyan and Karapet Roubinyan interpreted formulations in the provision, which was acknowledged as anti-constitutional, as "interference in the presumption of innocence."

"If there is evidence then there is a crime, if there is no evidence no crime was committed. Another formulation is that their participation in the crime is not proved," says Zeynalyan.

The lawyer says that they will apply to the Court of Cassation with demand to revise the protests on the cases, where the bases of suspension were left in force.