Sep 132012
 

P7_TA-PROV(2012)0356
Azerbaijan: the case of Ramil Safarov
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,

– 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.


Source: EuroParliament P7_TA-PROV(2012)0356 or Texts adopted at the sitting of Thursday 13 September 2012

Sep 072012
 

Spokesperson for the UN High Commissioner for Human Rights: Rupert Colville

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.”


Source: Office of the UN High Commissioner for Human Rights

Sep 062012
 

HIGHLIGHTS OF THE NOON BRIEFING BY MARTIN NESIRKY, SPOKESPERSON FOR SECRETARY-GENERAL BAN KI-MOON

SECRETARY-GENERAL VOICES CONCERN OVER CASE OF AZERI MAN

  • In response to questions about Ramil Safarov, the Spokesperson said that the Secretary-General is concerned about the developments surrounding the case of Mr. Safarov since his 31 August 2012 transfer to Azerbaijan and subsequent pardon by Azerbaijani authorities.
  • Nesirky said that 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, he added, 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.

Source: Office of the Spokesman for the UN Secretary-General

Sep 062012
 

[…]
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.
[…]


Source: NATO

Sep 052012
 

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.


Source: CoE Parliamentary Assembly

Sep 042012
 

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.”


Source: CoE Commissioner for Human Rights

Sep 042012
 

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.


Source: European Commission against Racism and Intolerance (ECRI)

Sep 042012
 

04/09/2012

Secretary General said that murder – such as that committed by Ramil Safarov – cannot be glorified

Strasbourg, 4 September 2012 – In a statement today the Council of Europe’s Secretary General Thorbjørn Jagland said that 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”, he said.


Source: Council of Europe: Newsroom

Sep 032012
 

The decision of the Azerbaijani authorities to pardon and release from liability Ramil Safarov, extradited from the Republic of Hungary,  runs contrary to the international law and questions the viability of the interstate crime suppression system.

This move is clearly made for the sake of political goals and cannot be justified in any way. Moreover, the glorification of criminal will only serve to the  increase of already high regional tension.

I am convinced that the international community will not hesitate to make an objective assessment of what happened.


Source: CSTO [Original statement is in Russian. Translated to English by Karabakhfacts.com]

Sep 032012
 

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.


Source: OSCE Minsk Group page