The LSA law firm addressed the issues surrounding the selection of detention as a preventive measure against A.D. in the criminal proceedings under investigation by the RA Investigative Committee. This included the illegal extension of the detention term and other legal issues recorded within these proceedings on April 26, 2024. For a long time, lawyers Arsen Sardaryan and Gurgen Nersisyan tried to convince the preliminary investigation body, the supervising prosecutor’s office, and the courts that our client was charged with a corruption crime. In such cases, motions to select detention as a preventive measure or to extend the detention term cannot be considered by the court of general jurisdiction of the first instance. Nevertheless, due to the unjustified stubbornness and illegality demonstrated by the courts, the preliminary investigation, and the supervising body in the pre-trial proceedings, RA citizen A.D. was illegally arrested and kept in custody for more than five months.
On August 21, 2024, the RA Court of Criminal Appeals, presided over by Judge G. Stepanyan, granted lawyer Gurgen Nersisyan’s appeal, overturned the lower court’s judicial act, and dismissed the initiation of proceedings, noting that the motion to extend the preventive measure against A.D. was beyond the jurisdiction of the first-instance court.
We regretfully note that this violation was initially raised with the RA Prosecutor General, but it was not discussed even superficially, despite the fact that these violations could have been addressed through proper prosecutorial supervision, whose primary purpose is to protect individual rights and legitimate interests. The illegalities against A.D. have not ended there, and we will attempt to raise them again with the Prosecutor General’s Office, hoping that this time the defense’s assertions will receive attention rather than unjustified and incomprehensible resistance.
