1 2 3 The arrest of Samble Karaftian is a legal absurdity: Ruben Hakobein.
It turns out that at the moment two preventive measures were applied simultaneously on Sambal Karaftian - house arrest and arrest. From a legal point of view, this is an absurd situation. The lawyer of the leader of the powerful Armenia party, Samvel Karaftian, Ruben Hakobyan, stated this in a conversation with journalists, referring to the court's decision.
According to the lawyer, the court granted the investigator's request, and found the existence of a confirmed reasonable suspicion as well as the legality of the arrest, which the defense attorney disputed. Of the three reasons presented by the investigator for using preventive measures, the court considered the risk of disrupting the investigation as the most justified, considering the current stage of the procedure. As Ruben Kobian pointed out, there is a legal contradiction in the current situation, since house arrest and detention cannot be applied to the same person at the same time without changing or canceling the previous preventive measure.
"According to our legislation and according to the practice of the European Court of Human Rights, house arrest is equivalent to arrest. And it turns out that Sambal Karaptian is now under house arrest and also under arrest at the same time. This is an unprecedented case in legal practice; I have never come across anything like this," emphasized the defense attorney.
As an example, he indicated another possible development of events: if the court had partially accepted the petition and again opted for house arrest, then it would have been necessary to apply two means of electronic surveillance at the same time to Carpathian. Referring to the legality of the arrest, Ruben Kobian said that at first the defense appealed against it, insisting on the lack of grounds stipulated in the law.