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THE COURT OF GENERAL JURISDICTION KEPT THE PERSON IN CUSTODY FOR MORE THAN FIVE MONTHS WITHOUT HAVING THE RIGHT TO CONSIDER THE MOTIONS OF THE INVESTIGATOR, THE COURT OF APPEALS GRANTED THE DEFENSE LAWYER'S APPEAL

The "LSA" law office had addressed the issues of selecting detention as a preventive measure against A.D. in the criminal proceedings under investigation at the RA Investigative Committee, illegally extending the term of detention, and other legal issues recorded within the scope of these proceedings back on 26.04.2024 (link at this address: https://www.facebook.com/permalink.php?story_fbid=pfbid02XDyGxqRmXRCW8xhZ9bxJQ4Qq6SN8pSJGnwhhd4Qp7RAgHSkXSA2e36rAjqmFbktxl&id=100092035527146):

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 is charged with a corruption crime, and in such proceedings, motions to select detention as a preventive measure against the person or to extend the term of detention 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 body supervising the pre-trial proceedings, the RA citizen A.D. was illegally arrested and kept in custody for more than five months.

On 21.08.2024, the RA Court of Criminal Appeals presided over by Judge G. Stepanyan, granted the appeal of lawyer Gurgen Nersisyan, overturned the judicial act of the lower court, and dismissed the initiation of proceedings, noting that the consideration of the motion to extend the term of the preventive measure against A.D. was beyond the jurisdiction of the court of general jurisdiction of the first instance.

We regretfully note that this violation was initially raised even with the RA Prosecutor General, but they were not even superficially discussed, although these violations could have been eliminated through proper prosecutorial supervision, whose primary purpose is to protect the rights and legitimate interests of the individual.

The illegalities against A.D. have not ended there, and we will try to raise them again with the Prosecutor General's Office, hoping that this time the defense's assertions will receive attention instead of unjustified and incomprehensible resistance.