Press-Release of the Permanent Delegation of the Republic of Armenia Murder of Lieutenant Gurgen Margaryan and Subsequent Pardon and Glorification of Ramil Safarov

28 February, 2014

Press-Release of the Permanent Delegation of the Republic of Armenia Murder of Lieutenant Gurgen Margaryan and Subsequent Pardon and Glorification of Ramil Safarov
Vienna, 28 February, 2014

Ten years ago in February, 2004 Gurgen Margaryan, Armenian officer, who was participating in the NATO courses in Hungary, was slaughtered by another participant of the courses, the Azerbaijani officer Ramil Safarov.
The subsequent chain of events such as defense, justification, transfer, pardon and glorification of Ramil Safarov indicated that Azerbaijani authorities firmly stood behind the actions of the representative of its Armed Forces.
The international community condemned these actions of the Azerbaijani leadership. In response, the Azerbaijani leadership showed open defiance and disregard towards human values of civilized world. Moreover, Azerbaijani leadership has been using this deplorable case to mobilize domestic support towards its unconstructive position over peaceful settlement of Nagorno-Karabakh problem.

Factsheet

Background information………………….. ............................................................2

The Court Verdict on Ramil Safarov's Case……………………………………..3

Response of Azerbaijan............................................................................................4

Response of International Community....................................................................9

Background information

• Budapest (Hungary), Early morning of 19th February, 2004 Azerbaijani officer committed murder of the Armenian officer in the dormitory of military academy by assaulting and axing Gurgen Margaryan who was asleep. Then he attempted to assassinate Hayk Makuchyan another Armenian participant to the NATO courses.
• Budapest (Hungary) On April 13, 2006 the Hungarian court convicted Ramil Safarov with pre-mediated manslaughter and sentenced him to life-imprisonment without parole for 30 years.
• August 31, 2012 the Hungarian Government transferred Ramil Safarov to Azerbaijan
• August 31, Azerbaijani President pardoned and released Ramil Safarov. As soon as Ramil Safarov landed in Azerbaijan he was met with cheerful crowds among which were leading members of the Parliament from ruling party and other dignitaries. The Azerbaijani Minister of Defence promoted him from lieutenant to the rank of major, paid “salary” for the years, he served in prison, and awarded a new apartment.

Excerpts from verdict of the Hungarian court (April 13, 2006), Judge Andrash Vashkuti

“Applying the severest punishment stipulated by the Hungarian Criminal Code, the court took into consideration the following:
The killing of person in peace time is not heroism but criminal offence. The killing of person during his sleep is exceptionally deplorable and worth condemning regardless of the origin of person be it Armenian or something else.
Therefore the conclusion of expertise No 3 is unacceptable since the latter tried to explain the divergences between conclusions of expertise No1 and No 2 by the fact that experts assess differently persons from different cultural environment. The human live is a universal value which should be equally guarded in 21st century by every culture and those who violate it should be strongly condemned.
In the given case the accused took the life of a young man who was mere child during the war. At court proceedings the accused did not show any remorse towards his victim. Instead, he tried to earn pity for himself. He did not position himself as hero but acted in way to pretend insanity aiming at getting comparatively short sentence and consequently becoming a hero. I don’t dispute that to certain degree he is also a victim since enmity of two peoples went so far so some may consider the origin of the other as a sufficient reason to kill. “Good morality” but Hungarian law punishes for that. It is a crime and under these circumstances the most severe punishment should be applied”.

The response of Azerbaijan
Anar Mamedkhanov, MP

"I always tell our officers who study in Turkey: 'You are needed in Karabakh. They [Armenians] must be killed in Karabakh not in the other countries' "
Source: Zerkalo, 06-March-2004
________________________________________
Elmira Suleymanova, the Ombudsman of Azerbaijan
"R. Safarov must become an example of patriotism for the Azerbaijani youth."
Source: Zerkalo, 28-February-2004
________________________________________
Siyavush Novruzov, Deputy Chairman of the ruling “Yeni Azerbaijan” party; head of the Azerbaijani delegation to British government-sponsored and LINKS-implemented inter-parliamentary 'dialogue' program
"If the conflict is not solved in the near future, then the incidents similar to the one happened in Budapest may happen everywhere where there are Armenians and Azerbaijanis, including the Council of Europe."
Source: Zerkalo, 27-February-2004
________________________________________
Department Chief of Presidential Administration Elnur Aslanov:
“…heroes as Mubariz Ibrahimov and Ramil Safarov with their bravery brought the second breath to the Azerbaijani society and people”
Source http://en.apa.az/news/153959 26-August-2011
________________________________________
Agshin Mehdiyev, Ambassador, Permanent Representative of Azerbaijan to the Council of Europe
According to the Azerbaijani daily Zerkalo he "does not advise Armenians to sleep safely until the Karabakh conflict is settled. Incidents like in Budapest cannot be ruled out."
Source: Zerkalo, 23-February-2004
________________________________________

Farida Askerova, Chairwoman of the Organization for the Liberation of Karabakh women's board
"The young people ought to be ready for the holy war; every mother must raise a son to fight for the Motherland"
Source: OLK Women's Board Calls for War
Azer-Press, 20-February-2004
________________________________________
Dr. Akif Naghi, Head of the Organization for the Liberation of Karabakh
"I make Mr Safarov a honorary member of the OLK. He is a great lad and fulfilled his duty under the conditions under which he found himself"
Source: OLK Women's Board Calls for War
Azer-Press, 20-February-2004
________________________________________
Emin Hassanli, chairman of the Public Association for Enlightenment of Young Reserve Officers
"We shall protect the rights of Ramil Safarov whatever the cost. We think that he did right to kill the Armenian officer and protected the honour of the Azeri officer in this manner"
Source: Azer-Press, 24-February-2004

________________________________________
Ilham Aliyev, President of Azerbaijan

“… the Armenian fascism must be given a deserved assessment in the world. Unfortunately, the injustice continues to this day. I remember how many unfounded accusations were made against me for returning to the homeland and releasing Azerbaijani officer Ramil Safarov, how many attacks were made on me by hypocritical foreign politicians. The European Parliament even adopted a resolution on the issue and condemned my steps. But I can say with full determination today that Azerbaijan returned and freed its officer and restored justice. But look how many unfounded allegations there have been in the world media and various international organizations.”
“…As to the issue of Ramil Safarov, I want to repeat that everything was done within the law. The extradition was settled on the basis of European conventions and I pardoned Ramil Safarov in accordance with the Constitution of Azerbaijan. It was a correct decision and I want to say again that even if I had known at that time that the Armenians and their supporters would raise such a hue and cry about it, I would still have pardoned Ramil Safarov on arrival in Azerbaijan.
Azerbaijan has returned its officer to his homeland. This is the most important task. No matter what the Armenians say, I am not interested. No matter what their patrons say, I am not interested. I don’t attach any importance to these statements and not a single unfounded attack on Azerbaijan has gone unanswered.
The European Parliament, unfortunately, has passed an anti-Azerbaijani resolution for the second time. The Milli Majlis of Azerbaijan has given them an adequate response, the Administration of the President also gave a decent answer. Other international organizations, the Secretary General of the Council of Europe, someone who should actually protect humanism, must guard human rights. In previous years sometimes, the Council of Europe, under the pretext of humanitarian principles, urged the Azerbaijani state to pardon offenders, i.e. criminals. Well, Ramil Safarov spent about nine years in detention, so his pardon is fully justified from all moral, political and legal standpoints. But what do we see? We see a policy of double standards again. I can say with full confidence that if an Armenian officer had killed an Azerbaijani officer, there would be a completely opposite situation, there wouldn’t have been such a fuss. We are subjected to a policy of double standards. This is a reality. There are reasons for such a policy and we all know them.
Source: Official Website of President of Azerbaijan, http://en.president.az/articles/9397, http://en.president.az/articles/6349
________________________________________
Letters of appreciation regarding the pardon of Ramil Safarov
10 september 2012, 10:10
From Narmin Jamalzadeh, Zardab, Azerbaijan

Dear Mr. President, We have been very delighted that you have pardoned the brave son of our people Ramil Safarov. I have been doing karate and have won the World Cup for our country. Our national anthem was played and flag raised in distant lands. As Commander-in-Chief, you have shown great care of Ramil Safarov, awarded the courageous and brave son of our nation Mubariz Ibrahimov the title of National Hero of Azerbaijan. These steps have further enhanced interest and love for the military sphere in us, sportsmen. As a citizen of Azerbaijan, I want to support you in your unprecedented activities for the liberation of the occupied lands of our motherland. I would very much like, if allowed by law, to serve in the ranks of our armed forces, thus contributing to the liberation of our lands from the enemy and ensuring that our sacred flag flies in the clear skies of our native Karabakh. My dream is that the flag of Azerbaijan flies not only in World Cup finals but also in Shusha and Khankandi. And I believe that under your leadership, this dream will definitely come true. Allah bless you!

Sincerely,

Narmin Akif gizi Jamalzadeh, winner of the gold medal at an international tournament in Odessa (Ukraine) in VKC karate, winner of the World Cup and gold medal at the World Cup, European champion in 2011 in VKC karate, silver medalist in World Championship in Antalya (Turkey), gold medalist in Eastern Europe Championship.

Zardab District, the Republic of Azerbaijan
07 september 2012, 10:05

From Ramiz Isgandarov, Barda, Azerbaijan
Dear Mr. President and Commander-in-Chief!
We approve and support your decision in respect of the worthy son of our people Ramil Safarov and your policy in general. Thank you very much. God bless you!
A selfless father will always protect his sons. Thank you, Mr. President, for your noble step. Long live Mr. Ilham Aliyev who cares for every citizen in a fatherly manner!
Best regards, on behalf of the residents of the Alpout village of Barda District and employees of the post office
Ramiz Isgandarov, postmaster
Barda District, the Republic of Azerbaijan
Source: Official Website of President of Azerbaijan, http://en.president.az/articles/5976
________________________________________
Ramil Safarov awarded rank of Major

Mon 03 September 2012 04:13 GMT | 09:13 Local Time
Azerbaijani Defense Minister, Colonel-General Safar Abiyev received the officer of Azerbaijani Army Ramil Safarov.
Congratulating him on his return to homeland and pardon by President Ilham Aliyev, the Minister of Defense awarded him the rank of Major and wished success in his future military activity, press service of the Defense Ministry told APA.
Minister Abiyev expressed gratitude to the President of Azerbaijan, Supreme Commander-in-Chief Ilham Aliyev for his attention and care about the Azerbaijani officer and citizen, appreciating this step as a great merit before the Azerbaijani people.
Source: http://news.az/articles/society/67416
Fuad Alasgarov, Head of the Department of the Presidential Administration for Work with Law-Enforcement Organizations: “Ramil Safarov’s return to Azerbaijan became possible due to personal influence of President Ilham Aliyev in international arena”

I would note that the President of Azerbaijan kept the Ramil’s extradition to our country under control during this period. The President held high-level talks for it and all necessary measures were taken under his order. As a result of this work, Ramil’s return to Azerbaijan became possible due to political will of the President, who always shows fidelity to principles for the protection of the rights and interests of the Azerbaijani citizens, and his personal influence in the international arena.

This courageous step by the President shows that as the President and Supreme Commander-in- Chief of Azerbaijan he advocates for every Azerbaijani citizen, soldier and officer. It is also a sign of solidarity of Azerbaijani people in front of the enemy.

Source: http://en.apa.az/news.php?id=178102

Response of the International Community
USA
The White House
Office of the Press Secretary
For Immediate Release
August 31, 2012

Statement by NSC Spokesman Tommy Vietor on Azerbaijan’s Decision to Pardon Ramil Safarov
President Obama is deeply concerned by today’s announcement that the President of Azerbaijan has pardoned Ramil Safarov following his return from Hungary. Safarov confessed to the murder of Armenian Army officer Gurgen Margaryan in Budapest in 2004, and was serving a life sentence in Hungary for this brutal crime. We are communicating to Azerbaijani authorities our disappointment about the decision to pardon Safarov. This action is contrary to ongoing efforts to reduce regional tensions and promote reconciliation. The United States is also requesting an explanation from Hungary regarding its decision to transfer Safarov to Azerbaijan.

State department
Press Statement
Patrick Ventrell, Acting Deputy Spokesperson, Office of Press Relations
Washington, DC
August 31, 2012

The United States is extremely troubled by the news that the President of Azerbaijan pardoned Azerbaijani army officer Ramil Safarov, who returned to Baku today following his transfer from Hungary. Mr. Safarov had been serving a life sentence in a Hungarian jail for murdering Armenian officer Gurgen Margaryan during a 2004 NATO training event in Budapest.
We are expressing our deep concern to Azerbaijan regarding this action and seeking an explanation. We are also seeking further details from Hungary regarding the decision to transfer Mr. Safarov to Azerbaijan.
We condemn any action that fuels regional tensions.
________________________________________
Ms. Victoria Nuland, spokesperson for the U.S. Department of State
September 11, 2012 - 12:57 AMT
“ Well, we, as you know, issued a statement about this after the Hungarians released him back to Azerbaijan, and we have been in touch with the Azerbaijanis and urging them to meet commitments that they reportedly made to the Hungarians in advance of the release”.
________________________________________
Senate

Chairman John Kerry (D-MA), Foreign Relations Committee: Democrat
06.09.2012 12:06

“I am shocked and appalled that Azerbaijan not only welcomed Safarov home, but pardoned, promoted, and treated him as a hero,” “This needlessly provocative act endangers the fragile peace between these countries and damages the government of Azerbaijan’s credibility.”

Russia

Заявление официального представителя МИД России А.К.Лукашевича по поводу экстрадиции Венгрией азербайджанского военнослужащего
1599-03-09-2012

В России, являющейся сопредседателем Минской группы ОБСЕ по нагорно-карабахскому урегулированию, с глубокой озабоченностью восприняты сообщения о помиловании Баку азербайджанского военнослужащего Р.Сафарова, осужденного венгерским судом на пожизненное заключение за совершенное в Венгрии в 2004 г. убийство с особой жестокостью армянского офицера, а также о предшествовавшем этому решении венгерских властей экстрадировать его в Азербайджан.
Считаем, что эти действия азербайджанских, равно как и венгерских властей идут вразрез с усилиями, согласованными на международном уровне, в первую очередь по линии Минской группы ОБСЕ, и направленными на снижение напряженности в регионе.
Ожидаем также, что соответствующая оценка сложившейся ситуации будет в самое ближайшее время дана сопредседателями Минской группы ОБСЕ.

________________________________________
France
Quai d’Orsay
Azerbaidjan : grâce octroyée à M. Safarov
(3 septembre 2012)

La France fait part de sa préoccupation à la suite de l’annonce de la mesure de grâce octroyée vendredi 31 août par les autorités azerbaïdjanaises au bénéfice de M. Safarov. Ce dernier avait été condamné en 2006 en Hongrie à la prison à perpétuité par la justice hongroise pour le meurtre inqualifiable dont il s’était rendu coupable en 2004 à Budapest sur la personne d’un officier arménien.
La France, fortement engagée comme les autres coprésidents du groupe de Minsk en faveur d’une solution pacifique au conflit du Haut-Karabagh, considère que cette décision risque de nuire gravement aux efforts de négociation et à l’établissement d’un climat de confiance entre les parties.

________________________________________
OSCE Minsk Group Co-Chairs joint statement
http://www.osce.org/mg/93343

The Co-Chairs expressed their deep concern and regret for the damage the pardon and any attempts to glorify the crime have done to the peace process and trust between the sides.
The Co-Chairs reiterated to both Ministers that, as their Presidents stated in Los Cabos on June 19, there is no alternative to a peaceful settlement of the Nagorno-Karabakh conflict. They will continue to maintain contacts with the sides to reduce tensions and advance the peace process.
________________________________________

Norway
Norway’s Foreign Minister Jonas Gahr Støre.
06.09.2012 18:10

“I have followed with increasing concern the growing tension between Armenia and Azerbaijan over the past few days,” said Norway’s Foreign Minister Jonas Gahr Støre.

“Norway shares the concern expressed by the Co-Chairs of the OSCE Minsk Group, among others. Tensions between Armenia and Azerbaijan were already high before these recent developments. Any actions that exacerbate the situation and undermine efforts to promote peace and reconciliation in the region are regrettable. This matter was also discussed at the meeting of the Nordic and Baltic foreign ministers in Vilnius yesterday,” said Mr Støre.
________________________________________
Lithuania
Defence Minister Murder by Safarov can't be glorified, it undermines trust – Lithuanian defmin tells Azerbaijan's minister VILNIUS,
Sep 18, BNS – Lithuania's Defense Minister Rasa Jukneviciene says that she told the visiting Azerbaijani Defense Minister Lieutenant Colonel Safar Abiyev on Monday that the murder committed by Azerbaijani solder Ramif Safarov should not be glorified. Safarov killed an Armenian officer with an axe and was recently pardoned for this crime in his country. "We had a very open conversation, it was just the two of us. I raised the question about the amnesty of Azerbaijan's officer Ramil Safarov. We exchanged opinions. My position was very clear – I expressed concern with the decision to pardon a person who committed a crime. Murder cannot be glorified. This undermined mutual trust and can affect the peace process, which is being developed to resolve the differences between Armenia and Azerbaijan," Jukneviciene told BNS on Tuesday.
________________________________________
United Kingdom Foreign and Commonwealth office

David Lidington, Secretary of State for European and NATO Affairs
10.09.2012

http://www.publications.parliament.uk/pa/cm201213/cmhansrd/cm120910/text/120910w0001.htm
We welcome the statements of the right hon. Baroness Ashton of Upholland and Commissioner Fule, and the Organisation for Security and Co-operation in Europe (OSCE) Minsk Group Co-Chairs, with regard to the pardon of Ramil Safarov, following his return from Hungary, and share their concern about the impact this may have on prospects for stability and peace in the region. We regret any action that is contrary to ongoing efforts to reduce regional tensions and promote reconciliation.
Moving forward, it is important that both sides exercise restraint—in actions and public statements—to prevent any escalation of the situation. Together with our EU and OSCE partners, we will continue to follow the situation closely and we stand together with the international community in supporting the OSCE Minsk Group Co-Chairs in their efforts to reduce tension and find a negotiated way forward to resolve the Nagorno-Karabakh conflict.
Canada
Canada's Embassy
to Turkey, Georgia, Azerbaijan and Turkmenistan today (13.09.2012) issued the following statement:
“Canada is concerned about recent developments in the RamilSafarov case, in particular his pardon, and the unwelcome controversy it has generated.
“We encourage all parties to take the necessary measures to increase trust and constructively contribute to the peace process between Armenia and Azerbaijan.
“Canada supports the ongoing peace process, and all initiatives aimed at promoting regional cooperation and reconciliation."

INTERNATIONAL AND REGIONAL ORGANIZATIONS

UNITED NATIONS

Secretary General
Ban Ki-moon (through Spokesperson Nesirky)
The Secretary-General is concerned about the developments surrounding the case of Mr. [Ramil] Safarov since his transfer on 31 August 2012 to Azerbaijan and subsequent pardon by Azerbaijani authorities. The UN underscores the responsibility of Member States to adhere to international standards and principles of rule of law in criminal cases in order to ensure accountability and fight impunity. As highlighted by the Organization for Security and Cooperation in Europe (OSCE) Co-Chairs in their recent statement, we hope that this issue will not damage the Nagorno-Karabakh peace process and trust between the sides. There is no alternative to a peaceful settlement of the Nagorno-Karabakh conflict.
________________________________________

UN Office of the High Commissioner for Human Rights
Navi Pillay, High Commissioner for Human Rights
Spokesperson for the UN High Commissioner for Human Rights: Rupert Colville
Location: Geneva
Date: 7 September 2012

Subject: Press briefing note on Azerbaijan
We are seriously concerned about the case of Ramil Safarov, an Azerbaijani military officer who was sentenced to life in prison in Hungary for the brutal 2004 murder of an Armenian officer, Gurgen Markaryan, who was taking part in the same NATO training programme in Hungary. The murder was clearly ethnically motivated.
The concerns relate to the fact that, around a week ago, Safarov was extradited from Hungary to Azerbaijan, where instead of serving out the rest of his sentence, he was pardoned by the President, publicly praised, and promoted by the Defence Ministry. This has resulted in an international furore.
International standards regarding accountability for serious crimes should be upheld. Ethnically motivated hate crimes of this gravity should be deplored and properly punished – not publicly glorified by leaders and politicians.
We are also in full agreement with the Co-Chairs of the OSCE Minsk Group who earlier this week expressed deep concern about “the damage the pardon and any attempts to glorify the crime have done to the [Nagorno-Karabakh] peace process and trust between the two sides.”

EUROPEAN UNION

EU High Representative Catherine Ashton and Commissioner Stefan Fule
03.09.2012

"The High Representative and Commissioner Fule are concerned by the news that the President of Azerbaijan has pardoned Azerbaijani army officer Ramil Safarov, who was convicted and sentenced to life imprisonment for the murder of Armenian Army officer Gurgen Margaryan in Budapest in 2004.

Ramil Safarov was transferred from Hungary to Azerbaijan on 31 August on the basis of an Azerbaijani request, in the framework of the Convention of Strasbourg on the Transfer of Sentenced Persons of 21 March 1983, to serve the rest of his sentence. EU representatives are in contact with the relevant authorities and will continue to follow the situation closely.

In the interest of regional stability and on-going efforts towards reconciliation, the High Representative and Commissioner Fule reiterate their call on Azerbaijan and Armenia to exercise restraint, on the ground as well as in public statements, in order to prevent an escalation of the situation."
________________________________________

European Parliament
Martin Schulz, President
02.09.2012

http://www.europarl.europa.eu/the-president/en/press/press_release_speeches/press_release/2012/2012-september/press_release-2012-september-2.html

"The convention on the transfer of sentenced people should not be abused for political purpose. I am disturbed by what appears to be a politically motivated pardon of Mr. Safarov by the President of Azerbaijan.

At the same time, I urge Azerbaijan and Armenia to avoid any moves and statements that might exacerbate the situation."

The European Parliament

P7_TA-PROV(2012)0356
13 September 2012

Azerbaijan: the case of Ramil Safarov
Resolution of 13 September 2012 on Azerbaijan: the Ramil Safarov case (2012/2785(RSP))

The European Parliament,
– having regard to its previous resolutions on the situation in Azerbaijan, in particular those
concerning human rights,
– having regard to the established practice of international law regarding transfer, namely the
Convention on the Transfer of Sentenced Persons, under which it was agreed that
cooperation should be developed in order to further the ends of justice and the social
rehabilitation of sentenced persons, by giving them the opportunity to serve their sentences
within their own society,
– having regard to the statement issued by its President, Martin Schulz, on 5 September 2012
concerning the pardon granted to Ramil Safarov in Azerbaijan,
– having regard to the joint statement issued by the High Representative of the Union for
Foreign Affairs and Security Policy, Catherine Ashton, and Commissioner Štefan Füle on
3 September 2012 concerning the release of Mr Safarov,
– having regard to the statement issued by the Secretary-General of the Council of Europe,
Thorbjørn Jagland, on 4 September 2012,
– having regard to the official letter received by the Ministry of Public Administration and
Justice of Hungary on 15 August 2012 from the Deputy Minister of Justice of the Republic
of Azerbaijan, Vilayat Zahirov,
– having regard to its resolution of 18 April 2012 on the negotiations of the EU-Azerbaijan
Association Agreement,1
– having regard to the statement issued by the Hungarian Prime Minister, Viktor Orbán, on
3 September 2012, in which he gave an assurance that Hungary had acted in accordance
with its international obligations,
– having regard to the Partnership and Cooperation Agreement between the EU and
Azerbaijan, which entered into force in 1999, and to the ongoing negotiations between the
two parties on a new association agreement to replace the previous one,
– having regard to Rules 122(5) and 110(4) of its Rules of Procedure,
A. whereas Ramil Safarov had been jailed in a Hungarian prison since 2004 after brutally
killing an Armenian colleague during a course sponsored by NATO’s Partnership for Peace
Programme in Budapest; whereas Mr Safarov had pleaded guilty and had expressed no
remorse, defending his action on the grounds that the victim was Armenian;
1 Texts adopted, P7_TA(2012)0127.
B. whereas on 31 August 2012 Mr Safarov, a lieutenant of the Azerbaijani armed forces who
had been convicted of murder and sentenced to life imprisonment in Hungary, was
transferred to Azerbaijan at the longstanding request of the Azerbaijani authorities;
C. whereas immediately after Mr Safarov was transferred to Azerbaijan the Azerbaijani
President, Ilham Aliyev, pardoned him in line with the Constitution of the Republic of
Azerbaijan and Article 12 of the Convention on the Transfer of Sentenced Persons;
D. whereas Article 9 of the Convention on the Transfer of Sentenced Persons, to which
Hungary and Azerbaijan are both signatory parties, states that a person sentenced in the
territory of one state may be transferred to the territory of another in order to serve the
sentence imposed on him or her, provided that the conditions laid down in that convention
are met;
E. whereas the Deputy Minister of Justice of the Republic of Azerbaijan, Vilayat Zahirov, sent
an official letter to the Ministry of Public Administration and Justice of Hungary on
15 August 2012, in which he stated that the execution of the decisions of foreign states’
courts regarding the transfer of sentenced persons to serve the remaining part of their prison
sentences in the Republic of Azerbaijan were carried out in accordance with Article 9(1)(a)
of the convention, without any conversion of their sentences; whereas he further gave an
assurance that, according to the Criminal Code of the Republic of Azerbaijan, the
punishment of a convict serving a life sentence could only be replaced by a court with a
term of imprisonment for a specified period, and that the convict could be released on
conditional parole only after serving at least 25 years of his or her prison sentence; and
whereas the Azerbaijani authorities subsequently denied having given any diplomatic
assurances to the Hungarian authorities;
F. whereas Lieutenant Safarov received a glorious welcome in Azerbaijan and a few hours
after his return was granted a presidential pardon, set free and promoted to the rank of major
during a public ceremony;
G. whereas the decision to set Mr Safarov free triggered widespread international reactions of
disapproval and condemnation;
H. whereas on 31 August 2012 the Armenian President, Serzh Sargsyan, announced that
Armenia was suspending its diplomatic relations with Hungary;
I. whereas Azerbaijan participates actively in the European Neighbourhood Policy and the
Eastern Partnership, is a founding member of Euronest and has committed itself to respect
democracy, human rights and the rule of law, which are core values of these initiatives;
J. whereas Azerbaijan has taken up a non-permanent seat in the United Nations Security
Council (UNSC) for the 2012-2013 period and committed itself to uphold the values
enshrined in the UN Charter and the Universal Declaration of Human Rights;
K. whereas Azerbaijan is a member of the Council of Europe and a party to the European
Convention on Human Rights (ECHR) as well as to a number of other international human
rights treaties, including the International Covenant on Civil and Political Rights;
1. Stresses the importance of the rule of law and of honouring commitments made;
2. Deplores the decision by the President of Azerbaijan to pardon Ramil Safarov, a convicted
murderer sentenced by the courts of a Member State of the European Union; regards that
decision as a gesture which could contribute to further escalation of the tensions between
two countries, and which is exacerbating feelings of injustice and deepening the divide
between those countries, and is further concerned that this act is jeopardising all peaceful
reconciliation processes within the societies concerned and may undermine the possible
future development of peaceful people-to-people contact in the region;
3. Considers that, while the presidential pardon granted to Mr Safarov complies with the letter
of the Convention on the Transfer of Sentenced Persons, it runs contrary to the spirit of that
international agreement, which was negotiated to allow the transfer of a person convicted on
the territory of one state to serve the remainder of his or her sentence on the territory of
another state;
4. Considers the presidential pardon granted to Mr Safarov as a violation of the diplomatic
assurances given to the Hungarian authorities in Azerbaijan’s request for transfer on the
basis of on the Convention on the Transfer of Sentenced Persons;
5. Deplores the hero’s welcome accorded to Mr Safarov in Azerbaijan and the decision to
promote him to the rank of major and pay him eight years’ back salary upon his arrival, and
is concerned about the example this sets for future generations and about the promotion and
recognition he has received from the Azerbaijani state;
6. Takes the view that the frustration in Azerbaijan and Armenia over the lack of any
substantial progress as regards the peace process in Nagorno-Karabakh does not justify
either acts of revenge or futile provocations that add further tension to an already tense and
fragile situation;
7. Expresses its support for the ongoing efforts of the European External Action Service
(EEAS), the EU Special Representative for the South Caucasus and the Member States to
defuse tensions and ensure that progress is made towards peace in the region;
8. Supports the Co-Chairs of the OSCE Minsk Group in their efforts to secure substantial
progress in the peace process in Nagorno-Karabakh with a view to finding a lasting,
comprehensive settlement in accordance with international law;
9. Insists that the EU should play a stronger role in the settlement of the conflict in Nagorno-
Karabakh by supporting the implementation of confidence-building measures which will
bring together Armenian and Azerbaijani communities and spread ideas of peace,
reconciliation and trust on all sides;
10. Reiterates its position that the association agreement currently being negotiated between the
EU and Azerbaijan should include clauses and benchmarks relating to the protection and
promotion of human rights and the rule of law;
11. Condemns all forms of terrorism and the use of threats of terrorism;
12. Instructs its President to forward this resolution to the EEAS, the European Council, the
Commission, the respective governments and parliaments of the Republic of Azerbaijan and
the Republic of Armenia, the Council of Europe, the OSCE and the UN Special Rapporteur
on human rights and counter-terrorism.

Chairman of the European Parliament Delegation to the EU-Armenia, EU-Azerbaijan and EU-Georgia Parliamentary Cooperation Committees
Milan Cabrnoch, Co-Chair
06.09.2012 18:24

“In my capacity as Chairman of the European Parliament Delegation to the EU-Armenia, EU-Azerbaijan and EU-Georgia Parliamentary Cooperation Committees, I express my deep concern about the Azerbaijani President's decision to pardon Ramil Safarov, who was supposed to serve a life sentence for brutally murdering Gurgen Margaryan, an Armenian military officer, in Hungary in 2004.

For a number of years, the Members of our Delegation have redoubled their efforts in order to contribute to the improvement of relations between Armenia and Azerbaijan through the parliamentary dialogue and, most recently, also through the Euronest PA.

Moreover, we have intensified the bilateral contacts with Armenia and Azerbaijan, by making use of the instruments of parliamentary diplomacy, in the hope to reduce regional tensions, promote reconciliation and contribute to finding a viable solution to the Nagorno-Karabakh conflict.

Our Delegation has made it clear to its Armenian and Azerbaijani counterparts that respect for human rights, the rule of law and European values should always be at the heart of their European integration aspirations. In this context, the decision of Mr. Aliyev might be seen as a dangerous misuse of judicial proceedings.
I urge the authorities of Azerbaijan to show their commitment to the values I mentioned and strongly encourage Azerbaijan and Armenia to remain engaged in a reconciliation process.”

European Parliament, AFET committee

Elmar Brok, Chairman
Elmar Brok on the pardoning and glorification of Ramil Safarov
"I am deeply concerned about the decision to pardon Ramil Safarov upon arrival in Baku, to publicly glorify him, promote him to Major rank, pay him 8 years of salary and offer him an apartment. Azerbaijan had given a written promise to the Hungarian authorities that Mr Safarov would continue to serve the lifetime sentence for at least 25 years when he arrives in Azerbaijan. Now Azerbaijan has broken this promise. Safarov is an Azerbaijani soldier who murdered the Armenian officer Gurgen Margaryan at their NATO training camp in Budapest in 2004. With the decision to set him free, Azerbaijan is circumventing the valid conviction of the court of an EU member state and is presenting a murderer as a role model to cheering children in Baku."
Council of Europe

Thornbjorn Jagland, Secretary General
4 September 2012

http://www.coe.int/t/secretarygeneral/sg/default_EN.asp?
The murder - such as that committed by Ramil Safarov – cannot be glorified. Ramil Safarov was convicted for murder and sentenced to life imprisonment in Hungary. On August 31, he was transferred to Azerbaijan, and immediately pardoned. I do not want to comment on the legal proceedings, but I find it unacceptable that a convicted murderer is welcomed as a hero. I reject the prospect of a world whose moral code begins to fray, where respect for human dignity is denied. This is not the Europe that we should wish for future generations. I condemn such glorification of crime, and urge that we all work to uphold the respect for life, and our values as defended by the Council of Europe.

Nils Muižnieks, Commissioner for Human Rights
18:22 • 04.09.12

“Racist crimes must not go unpunished. Violent offences motivated by bias, such as racial or inter-ethnic hatred, are a particularly pernicious form of criminality. Apart from the destructive effects on the victims and those close to them, they can be devastating to whole communities and unravel the very fabric of society. States are under an obligation to apply strongly dissuasive sanctions against those who have perpetrated bias-motivated crimes.”
“It is already highly regrettable if someone who commits a gruesome murder motivated by the victim’s ethnicity or nationality is treated with a leniency not displayed towards others convicted of crimes. However, to glorify and reward such a person flies in the face of all accepted standards for human rights protection and rule of law. Such glorification of hate crimes can only send a message that others belonging to the same ethnic group as the victim, or indeed other members of vulnerable groups, are “fair game”. This is an extremely dangerous message.”
________________________________________

PACE
Jean-Claude Mignon, President of the Parliamentary Assembly of the Council of Europe

“I join the international condemnation of the ‘glorification’ of the terrible crime which Mr Safarov has committed, and for which he has been condemned by a court in a Council of Europe member state,” “His liberation is unacceptable, and I am extremely disappointed by the abusive use of a Council of Europe legal instrument in this affair.”
“This scandalous liberation is having very negative consequences on the already-strained relations between Armenia and Azerbaijan, and also risks destabilising the situation in the region. I call on the Azeri authorities to reconsider their position, in line with the standards and the ethos of the Council of Europe,”.

________________________________________
European Commission against Racism and Intolerance
Statement by the European Commission against Racism and Intolerance concerning the pardoning in Azerbaijan of a person convicted of hate crime

Strasbourg, 4.9.2012 - The European Commission against Racism and Intolerance (ECRI) of the Council of Europe wishes to express consternation at the pardoning and release of Ramil Safarov, shortly after he had been transferred from Hungary to Azerbaijan in order to serve there a sentence of life imprisonment imposed by a Budapest court for the murder of a Armenian army officer in 2004.
ECRI’s position has always been that hate crime should be adequately punished. It is, therefore, concerned that developments such as those in the Safarov case risk cultivating a sense of impunity for the perpetrators of racist offences of the most serious nature. This could undermine in a fundamental manner the fight against racist violence, which unfortunately continues to plague many European countries.
ECRI is, in addition, apprehensive about the impact that the pardoning and release of Ramil Safarov might have on the general climate of opinion concerning the Armenian community in Azerbaijan. ECRI has repeatedly recognised the link between the harsh comments regularly made in this country about the Nagorno-Karabakh conflict and the discrimination that Armenians coming under Azerbaijan’s jurisdiction encounter in their daily lives. ECRI considers that, today more than ever, considerable efforts are needed on the part of the Azerbaijani authorities to ensure that these persons do not feel threatened.
ECRI wishes to draw the Azerbaijani authorities’ attention to the need to respect the values it has always promoted and to which they have subscribed when becoming a member of the Council of Europe. It urges them to take whatever measures are possible to redress the situation created by their handling of the Safarov case.
________________________________________
CSTO

Комментарий Генерального секретаря Организации Договора о коллективной безопасности Н.Бордюжи о ситуации вокруг решения властей Азербайджана помиловать убийцу армянского офицера
03.09.2012

Решение властей Азербайджана о помиловании и освобождении от ответственности экстрадированного из Венгерской Республики убийцы армянского офицера идет вразрез с нормами международного права, ставит под сомнение дееспособность межгосударственной системы противодействия преступности.
Этот шаг, явно сделанный в угоду конъюнктурным политически целям, не может быть ничем оправдан. Более того, героизация преступника будет лишь способствовать нарастанию и без того высокой региональной напряженности.
Убежден, что международное сообщество не замедлит дать объективную оценку случившемуся.
NATO

Secretary General Anders Fogh Rasmussen
06 September, 2012

I am deeply concerned by the Azerbaijani decision to pardon the Azerbaijani army officer Safarov. The act he committed in 2004 was a terrible crime that should not be glorified. The pardon damages trust and does not contribute to the peace process. There must be no return to conflict between Armenia and Azerbaijan. Tensions in this region must be reduced, and concrete steps must be taken to promote regional cooperation and reconciliation.

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