Armenian lawmaker and lawyer Aram Vardevanyan has argued that the Central Electoral Commission (CEC) has no authority to consider lifting the parliamentary immunity of Strong Armenia party member Narek Karapetyan. He made the statement after the CEC session on the allocation of parliamentary mandates.

Earlier, Vardevanyan said the Prosecutor General's Office had submitted a request to the CEC that, in essence, seeks authorization to initiate criminal proceedings against Karapetyan, Sputnik Armenia reported.

"We have not yet been provided with the case materials, but, based on Narek Karapetyan's position, we will not request additional time to review them. We are dealing with a case that has nothing to do with objective reality, reason, law or justice. I ask that the session be open to the public. The Constitutional Court clearly stated in its ruling that from the moment a person acquires the status of a member of parliament, that person cannot be deprived of liberty. This is not about assuming parliamentary powers, which will occur on August 2, but about acquiring the status of an elected member of parliament and receiving the certificate. Therefore, the CEC cannot consider the issue of depriving a person of liberty; that issue must be decided by parliament," Vardevanyan said.

He also recalled that a similar situation arose in 2021, when the CEC returned the Prosecutor General's Office request concerning Ishkhan Zakaryan because he had already acquired the status of a member of parliament.

The CEC is currently holding a closed session on the matter.

CEC Chairman Vahagn Hovakimyan explained why the commission is considering the Prosecutor General's request to authorize criminal proceedings against Karapetyan even though he has already been elected to parliament, according to Factor.am .

Hovakimyan said that under Part 5 of Article 90 of the Electoral Code, criminal proceedings against a parliamentary candidate, as well as against an elected lawmaker who has not yet assumed office, may be initiated only with the consent of the CEC. He added that this approach is also reflected in a 2022 ruling of the Constitutional Court.

"Criminal prosecution or deprivation of liberty of an elected member of parliament who has not yet assumed office may be carried out only with the consent of the Central Electoral Commission, and such a decision must be approved by a two-thirds majority of CEC members," Hovakimyan said.

According to him, following the Constitutional Court ruling, the CEC had previously returned five similar requests to the Prosecutor General's Office because those individuals had only the status of parliamentary candidates, which under Article 91 of the Electoral Code remains in effect until the Constitutional Court issues its decision on the election results.

Hovakimyan said prosecutors later reapplied to the CEC, citing the Constitutional Court's ruling, to seek consent for criminal proceedings against Karapetyan. He added that before the commission approved the protocol confirming the election of members of parliament and the composition of the legislature, it had no legal basis to examine the matter.

Addressing why the request, received on July 13, was only being considered now, Hovakimyan said that the legal status of an elected lawmaker who has not yet assumed office arises only after the CEC approves the protocol on the allocation of parliamentary mandates.

According to him, from July 21 until 10:00 a.m. on August 2, the individuals listed in the protocol are considered elected members of parliament who have not yet taken office, and during that period any decision on initiating criminal proceedings against them falls within the CEC's authority.

The Prosecutor General's Office has not disclosed the criminal case to which its request relates, saying the information is protected by the confidentiality of the preliminary investigation.

Earlier, CEC Chairman Vahagn Hovakimyan said the Prosecutor General's Office had submitted four requests to the commission, three of which would be returned. According to him, one request concerns Strong Armenia party member Narek Karapetyan, while the other three concern elected parliamentary candidates who have not yet assumed office.