The Constitutional Court dismissed appeals to recognize the election results void


The Armenian Constitutional Court on 14 March 2013 dismissed the appeals of the candidates for the President’s post Raffi Hovhannisyan and Andrias Ghukasyan with the demand to consider the results of 18 February elections void.

The Court ruled to leave in force the Central Electoral Commission’s decision No 62-A of 25 February 2013, according to which the incumbent President Serzh Sargsyan, who obtained 58 per cent of votes, has been re-elected as the President of Armenia.

The Constitutional Court considered void the calculation results of the precinct station 17/05 of Artashat and ordered to send related materials to the Prosecutor’s Office.

It is stated in the decision of the Court that the Heritage party had representatives in 1884 precinct stations and Raffi Hovhannisyan had 1009 proxies.

In all the precinct stations the representatives of the party signed under the protocols. Only in 1 out of 1988 polling stations, the representative of Heritage party expressed a special opinion, which was incorporated in the protocol.

The Court finds that the representatives of the Heritage party had an opportunity to oversight the process of the elections; however, they did not use the opportunity to submit their objections within the allocated deadlines.

According to Article 102.2 of the Armenian Constitution, the decisions of the Constitutional Court are final and come into force from the moment of their publication.

Let us remind that following the 2008 Presidential elections, the Presidential candidate who came second according to the obtained ballots, also appealed to the Constitutional Court demanding to recognize the election results void and was rejected as well.  

The Presidential candidates Raffi Hovhannisyan and Andrias Ghukasyan submitted complaints to the Constitutional Court on 4 March 2013 against the decision 62-A of the Central Electoral Commission on elected President of Armenia made on 25.02.2013. The review of the complaints started on 11 March 2013 and lasted for three days. Lawyer Karen Ghukasyan and NA Deputy Zarouhi Postanjan represented interests of Raffi Hovhannisyan at the Court. Andrias Ghukasyan presented his complaint in the court by himself. The Central Electoral Commission’s Chairman Tigran Moukouchyan, Secretary Armen Smbatyan and Head of the Legal Department Nouneh Hovhannisyan were involved in the case as respondents.

The incumbent President was represented at the Court by the Minister of Justice Hrant Tovmassyan and Chair of the Standing Committee on State and Legal Issues in the National Assembly Davit Haroutyunyan.