Azerbaijan ignores the verdict of the ECHR, glorifying the murderer Safarov
  • August 29, 2023

Azerbaijan ignores the verdict of the ECHR, glorifying the murderer Safarov

On August 30, 2023, the International and Comparative Law Center and Path of Law NGOs submitted a communication to the Committee of Ministers of the Council of Europe regarding the verdict in the case “Makuchyan and Minasyan v. Azerbaijan and Hungary.”

With this, the plaintiffs inform the Committee of Ministers that Azerbaijan continues to not comply with the Court's judgment and has not implemented the necessary enforcement measures. The petitioners ask the Committee and the member states of the Council of Europe to make all possible efforts to oblige the authorities of Azerbaijan to immediately and effectively implement the judgment and to take steps to stop discrimination against Armenians.

In 2004, during the courses of the "Partnership for Peace" program held in Budapest within the framework of NATO, Azerbaijani officer Ramil Safarov axed Armenian officer Gurgen Margaryan while he was sleeping and attacked another officer, Hayk Makuchyan. The Hungarian court sentenced Safarov to life imprisonment, with no parole in the first 30 years.

On August 31, 2012, Safarov was handed over to Azerbaijan to serve his further sentence there, but Ilham Aliyev pardoned him on the same day. Safarov received an apartment as a gift, and his rank was promoted to major with eight years of salary.

On May 26, 2020, the European Court of Human Rights published the verdict "Makuchyan and Minasyan v. Azerbaijan and Hungary" in the case of the murder of RA Armed Forces officer Gurgen Margaryan by Ramil Safarov. As a result of the years-long legal process, the highest international court found that Azerbaijan violated Article 2 (right to life) and Article 14 (prohibition of discrimination) of the convention. The court ordered Azerbaijan to pay the petitioners £15,143 in costs. The petitioners, Margaryan's colleague Hayk Makuchyan and his uncle Minasyan, did not demand financial compensation, and the specified amount was for the court costs, the fees for the Armenian and British lawyers.

The ECtHR did not record an infraction related to Hungary.

The communication notes that although the judgment became final on October 12, 2020, Azerbaijan submitted its Action Plan only on April 5, 2023.

The Action Plan noted that the Court left the execution of individual measures to the discretion of Azerbaijan. But Azerbaijan refused to take any measures.

The European Commission against Racism and Intolerance (ECRI) has also stressed that the illegal condoning of an ethnic hate crime is unacceptable.

After the 85th Plenary Session on March 30-31, 2021, the ECRI called on all stakeholders, particularly those at the highest political level, to "prevent crimes motivated by hatred or prejudice against national or ethnic origin."

The statement says that “anyone who incites or condones such speech and violence should be held accountable."

The ECHR specifically cited the case of Makuchyan and Minasyan v. Azerbaijan and Hungary and said that "according to the case law of the European Court of Human Rights, states are obliged to take all reasonable steps to punish those who commit hate crimes."

The International and Comparative Law Center and Path of Law NGOs in their communication also referred to many other cases of beheadings and torture of Armenian citizens and military personnel by the Azerbaijani military.

Among the mentioned cases there are photos and videos taken from the social pages of the Azerbaijani military.

Two of these cases refer to the beheading of 69-year-old Gennady Petrosyan and 82-year-old Yuri Asryan, which were videorecorded and shared on social networks. 

In each of these circumstances, the perpetrators can be easily identified by the Azerbaijani authorities. The lack of willingness to investigate these incidents indicates, at least, Azerbaijan's indifference in punishing gross human rights violations against Armenians.

Although Azerbaijan noted that Safarov's crime was never justified and he was never found innocent, such actions have always remained uninvestigated and unpunished.

By not punishing Safarov, Azerbaijan sends a clear message that it considers the beheading of ethnic Armenians not a crime, but a festive event.

And finally, Azerbaijan has not yet paid the amount set by the court for court costs. The Action Plan addresses this issue in one sentence, stating that "all necessary measures will be taken to ensure prompt payment". However, that "Operational payment" has not been fulfilled for over two years.