Überstellung und Begnadigung des verurteilten Mörders Safarov durch Alijew: Internationale Reaktionen

Die Überstellung des „Axtmörders“ Safarov durch Ungarn an Aserbaidschan und die nachfolgende Begnadigung durch Präsident Alijew, seine Beförderung zum Major und Belohnung mit einem Haus hat weltweit Abscheu und Empörung hervorgerufen (s. dazu auch unseren Bericht „Orban liefert, Alijew begnadigt verurteilten Mörder: Sargsyan empört, Obama besorgt„).

Im Folgenden werden einige offizielle internationale Reaktionen chronologisch zusammengestellt. Die ersten stehen oben, die späteren, so z.B. die Resolution des Europaparlaments vom 13.09.2012 weiter unten. Die Liste wird laufend aktualisiert:

Das Weiße Haus, USA, 31.08.2012

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, USA, 31.08.2012

Pardon of Azerbaijani Soldier

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

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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.

PRN: 2012/1369

 

Minsk Gruppe der OSZE, 03. September 2012

Press release
OSCE Minsk Group Co-Chairs meet with the Foreign Ministers of Armenia and Azerbaijan

PARIS, 3 September 2012 – The Co-Chairs of the OSCE Minsk Group (Ambassadors Robert Bradtke of the United States of America, Igor Popov of the Russian Federation, and Jacques Faure of France) and the Personal Representative of the OSCE Chairperson-in-office, Ambassador Andrzej Kasprzyk, met on September 2 with the Foreign Minister of Armenia, Edward Nalbandian, and on September 3 with the Foreign Minister of Azerbaijan, Elmar Mammadyarov, to address recent events in the region and efforts to peacefully resolve the Nagorno-Karabakh conflict.

The Co-Chairs discussed with the two Ministers the August 31 decision of the Government of Azerbaijan to pardon Ramil Safarov, an Azerbaijani army officer who had been serving a life sentence in Hungary for the brutal 2004 murder of an Armenian officer in Budapest. They 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.

 

EUROPEAN UNION, Brussels, 03. September 2012

A 389/12

Statement by the spokespersons of EU High Representative Catherine Ashton and Commissioner Štefan Füle on the release of Ramil Safarov The spokespersons of Catherine Ashton, High Representative of the Union for Foreign Affairs and Security Policy/Vice President of the Commission and Štefan Füle, European Commissioner for Enlargement and Neighbourhood Policy, issued the following statement today:

„The High Representative and Commissioner Füle 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 Füle 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.“

 

Außenministerium der Russischen Föderation, 03. September 2012

Offizielle Englische Übersetzung

Statement of t A.K. Lukashevich, Official Representative of MFA of Russia, regarding the extradition of Azerbaijani soldier by Hungary

1599-03-09-2012

In Russia, which is the co-chairman of the OSCE Minsk Group on the Nagorno-Karabakh conflict settlement, received reports with deep concern regarding the clemency of Baku Azeri serviceman Ramil Safarov, who was sentenced to life imprisonment for the commission of the murder of an Armenian officer with an extreme atrocity in Hungary in the 2004, as well as regarding the preceded decision of the Hungarian authorities to extradite him to Azerbaijan.

We believe that these actions of Azerbaijan, as well as the Hungarian authorities to run counter to the efforts agreed at international level, particularly through the OSCE Minsk Group, directed to reduce tension in the region.

We also expect that appropriate assessment of the situation will be given by the co-chairs of the OSCE Minsk Group in the near future.

3 September, 2012

Russische Originalfassung

«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».

Inoffizielle deutsche Übersetzung des Originals:

„In Russland, das einer der Ko-Vorsitzenden der mit der Regelung des Berg-Karabach-Konflikts befassten Minks Gruppe ist, wurde die Nachricht von der Begnadigung des aserbaidschanischen Militärangehörigen R. Safarov, der von einem ungarischen Gericht wegen seiner besonders grausamen Ermordung des armenischen Offiziers zu lebenslanger Haft verurteilt worden war, wie auch die seiner Begnadigung vorausgegangene Entscheidung der ungarischen Behörden, ihn an Aserbaidschan zu überstellen, mit großer Sorge zur Kenntnis genommen.

Wir gehen davon aus, dass diese Aktionen der aserbaidschanischen, aber auch der ungarischen Behörden den international vereinbarten Bemühungen der Minsk Gruppe der OSZE, die Spannungen in der Region zu reduzieren, widersprechen. Wir erwarten auch, dass in der nächsten Zeit eine angemessene Beurteilung der entstandenen Lage durch die Ko-Vorsitzenden der Minsk Gruppe der OSZE erfolgen wird.“

 

Auswärtiges Amt, Berlin, 04.09.2012

(Auf Anfrage der Zeitschrift ADK)

Eine Sprecherin des Auswärtigen Amts:

„Die Bundesregierung ist ebenso wie die Europäische Union besorgt über die Begnadigung des verurteilten Mörders Ramil Safarov.

Die Bundesregierung ruft Aserbaidschan und Armenien zu Zurückhaltung auf. Sie fordert Anstrengungen der beiden Länder, um eine friedliche Konfliktlösung für Berg-Karabach herbei zu führen.“

 

Martin Schulz, Präsident des Europäischen Parlaments, 04.09.2012

Press Release
Brussels –
04-09-2012
Human Rights
Schulz on pardoning Ramil Safarov in Azerbaijan (Brussels ).

European Parliament President Martin Schulz made the following statement after Ramil Safarov was pardoned by Azerbaijan’s President.

Safarov was convicted and sentenced to life in prison in Hungary for the murder of an Armenian army officer in Budapest in 2004. Last month, Safarov was transferred to Azerbaijan following Azerbaijan’s request under the convention on the transfer of sentenced people.

EP President Schulz stated:

„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.“

 

Statement by the European Commission against Racism and Intolerance concerning the pardoning in Azerbaijan of a person convicted of hate crime, 04.09.2012

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.

ECRI is a human rights body of the Council of Europe, composed of independent experts, which monitors problems of racism, discrimination on grounds of ethnic origin, colour, citizenship, religion and language, as well as xenophobia, antisemitism and intolerance, prepares reports and issues recommendations to member states. For more information on ECRI: www.coe.int/ecri

Press contact: Stefano Valenti, Council of Europe, tel. +33 (0)3 90 21 43 28 ; E-mail stefano.valenti@coe.int

 

Jean-Claude Mignon, President of the Parliamentary Assembly of the Council of Europe (PACE), 05.09.2012

05/09/2012
President
PACE President concerned by the serious deterioration in relations between Armenia and Azerbaijan following the decision to pardon Ramil Safarov

Strasbourg, 05.09.2012 – “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,” Jean-Claude Mignon, President of the Parliamentary Assembly of the Council of Europe (PACE), said today. “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,” Mr Mignon concluded.

 

Nils Muižnieks, Commissioner for Human Rights, Council of Europe, 04.09.2012

The Commissioner concerned about the pardon of Azerbaijani army officer convicted of murder
Strasbourg, 4/9/2012 – Commissioner Muižnieks expressed today his deep concerns about Azerbaijan’s decision to pardon and honour Ramil Safarov, an Azerbaijani army officer who in 2004 brutally murdered Armenian officer Gurgen Markaryan.

“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.”

Moreover, the Commissioner deplored the fact that the convicted murderer has been glorified and rewarded by Azerbaijan. “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.”

 

Thorbjørn Jagland, Generalsekretär des Europarates, 04.09.2012

Generalsekretär Jagland: „Einen verurteilten Mörder zu einem Helden zu machen ist inakzeptabel“

04/09/2012
Ein Mord, wie ihn Ramil Safarov begangen hat, kann nicht verherrlicht werden, so der Generalsekretär
Generalsekretär Jagland: „Einen verurteilten Mörder zu einem Helden zu machen ist inakzeptabel“
Thorbjørn Jagland

Straßburg, 04.09.2012 – Der Generalsekretär des Europarates Thorbjørn Jagland hat heute erklärt, dass ein Mord, wie ihn Ramil Safarov begangen hat, nicht verherrlicht werden kann.

„Ramil Safarov wurde in Ungarn wegen Mordes zu einer lebenslangen Haftstrafe verurteilt. Am 31. August wurde er nach Aserbaidschan überstellt und sofort begnadigt. Ich möchte mich nicht zu den rechtlichen Verfahren äußern, aber ich finde es nicht hinnehmbar, dass ein verurteilter Mörder wie ein Held empfangen wird.

Ich lehne den Gedanken an eine Welt ab, deren Moralkodex langsam verwässert wird, in der die Menschenwürde nicht geachtet wird. Das ist nicht das Europa, das wir uns für zukünftige Generationen wünschen sollten. Ich verurteile eine solche Verherrlichung des Verbrechens und fordere nachdrücklich dazu auf, dass wir uns alle dafür einsetzen, dass das Leben und unsere Werte, die der Europarat verteidigt, geachtet werden“, sagte er.

 

Elmar Brok MEP, Chairman of the Foreign Affairs Committee of the European Parliament, 05.09.2012

Press Release
05/09/2012

Azerbaijan: pardoning and glorification of Ramil Safarov. Elmar Brok MEP

BROK, ElmarElmar Brok MEP, Chairman of the Foreign Affairs Committee of the European Parliament, has criticised the decision by Azerbaijani President Ilham Aliyev to pardon Ramil Safarov, who has confessed to the murder of an Armenian soldier in Hungary in 2004.

Mr Brok commented: „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 his life 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.“

 

Milan CABRNOCH, Chairman of the European Parliament Delegation to the EU-Armenia, EU-Azerbaijan and EU-Georgia Parliamentary Cooperation Committees on the case of Ramil Safarov, 05.09.2012

Brussels, 5 September 2012. 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.

NATO Secretary General Anders Fogh Rasmussen at the Yerevan State University in Yerevan, 06.09.2012

„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.“

 

NATO Secretary General Anders Fogh Rasmussen at the Azerbaijan Diplomatic Academy, in Baku, 07.09.2012

„But for all this progress, this region still faces great security challenges. Azerbaijan has a complicated neighbourhood. And the most pressing regional challenge remains finding a solution to the Nagorno-Karabakh conflict.

Two things are clear. First, that there is no military solution. And second, the only way forward is through dialogue, compromise, and cooperation.

As I said in Yerevan yesterday, NATO as an organisation is not involved directly in finding a solution to this conflict. Nor do we take sides. But we will continue to support the Minsk Process and efforts towards a peaceful settlement.

As I also said in Yerevan yesterday, I am deeply concerned by the Azerbaijani decision to pardon Ramil Safarov. The act he committed in 2004 was a crime which should not be glorified, as this 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.“

 

Olav Gutting, Member of the German Bundestag: ‚Armenia must acknowledge the legality of Safarov’s extradition‘, 07.09.2012

Fri 07 September 2012 | 10:02 GMT

The Germany Bundestag parliamentarian, the member of Christian Democratic Party Olav Gutting expressed his objection against Armenian position on Ramil Safarov’s extradition to Azerbaijan.

European Azerbaijan Society told APA that O.Gutting said, according to European legislation, there aren’t any doubts in legality of Ramil Safarov’s extradition: “That’s why we call the Armenian government and the Armenian Diaspora to reduce their critical tone on our partner Hungary. Armenia’s claims against Hungary and its accusation of the violation of international rules are false and baseless.

The calling for protest actions in front of Hungarian embassies will facilitate new conflict situations and this isn’t the right way from the point of view of confidence increasing and objective evaluation of Ramil Safarov’s extradition to Azerbaijan.

The claims by current Armenian President Serzh Sargsyan that Azerbaijani people didn’t believe that Armenians can kill innocent people before Khojali tragedy was committed, where lots of Azerbaijanis were massacred in February 1992, and such statements create obstacles in peace achievement in the South Caucasus.

In stead of starting up fire, Armenia must acknowledge the legality of Ramil Safarov’s extradition and start new stage of round table talks”

News.Az

 

Rupert Colville, Spokesperson for the UN High Commissioner for Human Rights, 07.09.2012

Press briefing note on Azerbaijan

Spokesperson for the UN High Commissioner for Human Rights: Rupert Colville
Location: Geneva
Date: 7 September 2012
Subject: 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.”

ENDS

UN Human Rights Country Page – Azerbaijan: http://www.ohchr.org/EN/Countries/ENACARegion/Pages/AZIndex.aspx

 

Victoria Nuland, Spokesperson State Department, USA, 10.09.2012

Victoria Nuland
Spokesperson
Daily Press Briefing
Washington, DC
September 10, 2012

QUESTION: Can you tell us what is the status of the U.S. conversation with Azerbaijan regarding the Ramil Safarov pardon?

MS. NULAND: 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.

QUESTION: Is it your understanding that they’re meeting those commitments?

MS. NULAND: Our – we have some concerns, as we said at the beginning, about that issue in particular.

 

Jean Asselborn, Vice-Premier ministre, ministre des Affaires étrangères du Luxembourg, 11.09.2012

Ministère des Affaires étrangères

Visite officielle de Jean Asselborn en République d’Arménie, le mardi 11 septembre 2012

„La situation dans la région a également fait l’objet des entretiens. Tout d’abord, et dans le contexte de l’extradition d’un officier azéri, Ramil Safarov, condamné à la prison à perpétuité par la justice hongroise pour le meurtre d’un officier arménien à Budapest en 2004 et gracié par les autorités azerbaïdjanaises immédiatement à son retour à Bakou, les relations bilatérales entre l’Arménie et l’Azerbaïdjan, ainsi qu’avec la Hongrie ont été abordées. Le ministre Asselborn a exprimé ses sympathies au peuple arménien, soulignant « qu’un homme, qui a commis un meurtre d’une telle cruauté, ne devait pas être célébré comme un héros »“.

 

European Parliament, 13.09.2012

Motions for resolution B7-0428/2012, B7-0429/2012, B7-0432/2012, B7-0441/2012, B7-0442/2012 and B7-0444/2012

European Parliament 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;

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.

(1) Texts adopted, P7_TA(2012)0127.

 

Central Committee of the Conference of European Churches (CEC), 17.09.2012

Press Release No. 12/16

17.09.12 13:25

The question of the unacceptable amnesty given to the Azeri criminal who was extradited from Hungary to his homeland, Azerbajdsan was discussed. While the Central Committee cannot question that the Hungarian authorities acted in accordance with the applicable international law, regret was expressed that the extradition resulted in the intolerable amnesty granted to the convict by the President of Azerbajdsan. The members of the Central Committee fully understand the anger of Armenian people over this act of amnesty and expressed sympathy and solidarity in a letter to H.H. Supreme Patriarch & Catholicos of all Armenians, Karekin II. We pray that justice will be done and peace and understanding will abide between the nations.


Parlameniary Assembly of Council of Europe, 18.11.2014

Resolution 2022 (2014) Provisional version

Measures to prevent abusive use of the Convention on the Transfer of Sentenced Persons (ETS No. 112)
Author(s): Parliamentary Assembly

Origin – Text adopted by the Standing Committee, acting on behalf of the Assembly, on 18 November 2014 (see Doc. 13540, report of the Committee on Legal Affairs and Human Rights, rapporteur: Mr Christopher Chope).See also Recommendation 2057 (2014).
1. The Convention on the Transfer of Sentenced Persons (ETS No. 112) provides for the transfer of foreign prisoners to their home countries. Its purpose is primarily humanitarian, to improve prospects of rehabilitation and reintegration of prison inmates into society.
2. Since its entry into force in 1985, the convention has enabled, facilitated or accelerated the repatriation of hundreds of prisoners, and the Parliamentary Assembly considers it to be a valuable instrument for international co-operation in penal matters.
3. The Assembly notes with concern that the convention was invoked in order to justify the immediate release, upon transfer to Azerbaijan, of Mr Ramil Safarov, an Azerbaijani soldier convicted of murdering a fellow Armenian participant on a “Partnership for Peace” training course in Hungary, sponsored by the North Atlantic Treaty Organisation (NATO). Upon his arrival in Azerbaijan, he was welcomed as a national hero and granted an immediate pardon – long before the expiry of the minimum sentence set by the Hungarian court –a retroactive promotion as well as other rewards.
4. While recognising that States Parties, by virtue of Article 12 of the convention, have a sovereign right to grant pardons and amnesties to persons sentenced to a term of imprisonment, the Assembly recalls that the principles of good faith in international relations, recognised, inter alia, by the Vienna Convention on the Law of Treaties, and of the rule of law require that treaties be interpreted in line with their objects and purposes.
5. The Assembly therefore:5.1. condemns the use of Article 12 of the convention by Azerbaijan in the case of Mr Safarov as a violation of the principles of good faith in international relations and of the rule of law;
5.2. confirms its position, expressed in Recommendation 1527 (2001), that the Convention on the Transfer of Sentenced Persons is not designed to be used for the immediate release of prisoners upon return to their home country;
5.3. underscores the importance of applying the convention in good faith and, in interpreting its provisions, adhering to the principles of the rule of law, in particular in transfer cases that might have political or diplomatic implications;
5.4. recommends to States Parties to the convention to conclude, where appropriate, ad hoc arrangements between a sentencing and an administering State in the form of an addendum to a transfer agreement under the convention, which would spell out mutual expectations and provide for adequate assurances by the administering State.

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