Law 13:54 26/05/2020 Armenia

ECHR rules violation of right to life, prohibition of discrimination by Azerbaijan in Gurgen Margaryan’s case

The European Court of Human Rights (ECHR) issued a judgement in the Case of Makuchyan and Minasyan v. Azerbaijan and Hungary.

The court held that there had been a procedural violation by Azerbaijan of Article 2 (right to life) of the European Convention on Human Rights and a violation of Article 14 (prohibition of discrimination).

According to the judgement, there has been no justification for the Azerbaijani authorities’ failure to enforce the punishment of military officer Ramil Safarov and to in effect grant him impunity for a serious hate crime.

ECHR has obliged Azerbaijan to pay the applicants jointly, within three months from the date on which the judgment becomes final, £15,143. It has found no violation by Hungary.

The case concerned the presidential pardon given to Safarov murderer and his release following his transfer from Hungary to Azerbaijan to serve the rest of his sentence.

The applicants are two Armenian nationals, Hayk Makuchyan and Samvel Minasyan, who is now deceased, who were born in 1975 and 1958 respectively. Minasyan’s widow and their two children are pursuing the case in his stead.

In 2004, Makuchyan and Minasyan’s nephew, Gurgen Margaryan, both members of the Armenian military, attended an English-language course in Budapest organised by the NATO-sponsored “Partnership for Peace” programme. The course included two participants from each of the former Soviet states, including Azerbaijan.

During the course, Safarov murdered Minasyan’s nephew while he was asleep by decapitating him with an axe. He also tried to break into Makuchyan’s room before being arrested by the Hungarian police.

The Azerbaijani officer was convicted of exceptionally cruel and premeditated murder and preparation of murder and sentenced to life imprisonment by the Hungarian courts, with a possibility of conditional release after 30 years.

During the criminal proceedings Safarov showed no remorse, admitting that he had murdered Mr Minasyan’s nephew on account of his Armenian origin and because the Armenian participants in the course had provoked and mocked him.

In 2012, following a request by the Azerbaijani authorities, the officer was transferred to Azerbaijan, in accordance with the Council of Europe Convention on the Transfer of Sentenced Persons, to serve the rest of his sentence.

However, upon his arrival in Azerbaijan, Safarov was informed that he had received a presidential pardon and was released. He was also promoted to the rank of major at a public ceremony, granted a flat and paid eight years of salary arrears.

The applicants alleged that Azerbaijan had been responsible for substantive and procedural violations of Article 2 (right to life) of the European Convention on Human Rights because the attack had been carried out by an Azerbaijani military officer and because he had been granted a pardon which prevented the full enforcement of his sentence. They complained that Hungary had also violated Article 2 of the Convention by granting and executing the request for the officer’s transfer without obtaining adequate binding assurances that he would complete his prison sentence in Azerbaijan.

They further alleged under Article 14 (prohibition of discrimination) in conjunction with Article 2 that the attack had been an ethnically motivated hate crime which the Azerbaijani government had acknowledged and endorsed by granting the officer a presidential pardon and a promotion.



Source Panorama.am
Share |

Related news

Տեքստում սխալ կամ վրիպակ նկատելու դեպքում, ուղարկեք խմբագրին հաղորդագրություն` նշելով տվյալ սխալը, այնուհետև սեղմելով Ctrl-Enter:

Newsfeed

14:50
Who will be exempt from wearing face masks in public places in Armenia?
Armenia’s Deputy Prime Minister, Commandant Tigran Avinyan has revised his May 3 decision on coronavirus safety rules, exempting some...
14:08
Covid-19 pandemic accelerating and global peak still to come, WHO says
Some 400,000 new cases of Covid-19 were reported over the weekend and the new coronavirus pandemic shows no sign of slowing down, the World...
13:43
Media expert: Azerbaijani hackers leaking more data of Armenians for three days
Azerbaijani hackers have been leaking more data of Armenians to the Internet for three days already, information security and media expert...
13:12
Brazil's president says he is taking hydroxychloroquine to tackle coronavirus
Brazil's President Jair Bolsonaro last night revealed he is taking hydroxychloroquine to treat his coronavirus infection and claimed it was...
13:05
EU announces call for applications to support green and organic agribusinesses in Armenia
In order to promote sustainable, innovative and market-oriented agribusiness in Armenia, the EU Green Agriculture Initiative in Armenia...
12:42
US position on ‘Meds Yeghern’ remains unchanged – White House
The Trump administration’s position on Meds Yeghern, a term used when referring to the Armenian Genocide, has not changed, the White House...
12:13
Artsakh reports 5 new COVID-19 cases
Artsakh has reported 5 new coronavirus infections in a 24-hour period, bringing the national tally to 141 as of Wednesday, July 8. The...
11:51
Viva-MTS: Prioritizing energy-efficient technologies
Viva-MTS and the Foundation for the Preservation of Wildlife and Cultural Assets (FPWC) continue the energy-efficient outdoor lighting systems...
11:44
Coronavirus: Armenia reports 535 new cases, 18 more deaths on July 8
Armenia has confirmed 535 new coronavirus infections in a 24-hour period, bringing the national tally to 29,820 as of 11 a.m. Wednesday, July 8,...
11:27
WHO to get first results from COVID-19 drug trials soon
The World Health Organization (WHO) should soon get results from clinical trials it is conducting of drugs that might be effective in treating...
11:07
Edgar Baghdasaryan’s 'Lengthy Night' wins Best Feature Film award at int'l festival
"Lengthy Night" (Erken Kisher), a movie by Armenian director Edgar Baghdasaryan, has won the award for the Best Feature Film at the...
10:22
Airborne transmission of coronavirus cannot be ruled out, WHO says
The World Health Organization has acknowledged there is emerging evidence that the coronavirus can be spread by tiny particles suspended in the...
10:11
US officially begins withdrawal from World Health Organization
The US has given official notice of its withdrawal from the World Health Organization (WHO), in the midst of the global coronavirus pandemic,...
20:30
Armenia-CoE 2019-2022 Action Plan Steering Committee held its regular meeting
The Meeting of the Armenia-Council of Europe 2019-2022 Action Plan Steering Committee was held via videoconference on Tuesday. Deputy Foreign...
20:11
Brits don’t want to go back to working pre-Covid-19 office hours
As offices and shops in Britain start to reopen, most business executives and their workers would rather not return to work in the way did...
20:03
Nikol Pashinyan offers condolences to Japan’s Prime Minister
Prime Minister Nikol Pashinyan has sent a condolence cable to Japan’s Prime Minister Shinzo Abe over the floods and landslides that hit...
19:43
First free programs in the healthcare sphere are being brought to life in Artsakh
Artsakh Republic President Arayik Harutyunyan convened on Tuesday a consultation with the participation of healthcare minister and advisors to...
19:33
3,437 cases of breach of health and safety regulations recorded over the past day
Armenian law enforcement officers have lodged 74,548 administrative offenses proceedings to date for violating state of emergency rules...
18:24
Iran records highest daily virus deaths since outbreak
Iran on Tuesday recorded the highest single-day deaths from coronavirus since the outbreak of the pandemic in the country in mid-February,...
17:41
Yerevan appellate court to announce ruling in Gagik Tsarukyan’s case tomorrow
The Yerevan Criminal Court of Appeals, presided over by judge Mkhitar Papoyan, on Tuesday completed the examination of the hearing in the case...
16:19
WHO urges travellers to keep an eye on 'anywhere and everywhere' COVID-19
The World Health Organization on Tuesday urged travellers to wear masks on planes and keep themselves informed as COVID-19 cases surge again in...
15:55
Armenian defense minister, US envoy discuss bilateral cooperation
Defense Minister of Armenia Davit Tonoyan and US Ambassador to Armenia Lynne Tracy met on Tuesday to discuss bilateral cooperation in defense....
15:26
Italian region introduces €1,000 fine for breaking quarantine
Veneto says it will fine people who flout quarantine rules up to €1,000, amid a new outbreak of coronavirus in the region.  The...
15:15
VETO movement urges people to join rally against authorities’ ‘illegal work style’
VETO social-political movement urges people to join a rally of its leader Narek Malyan against the Armenian authorities’ "illegal...
14:51
Temperatures to rise by 3-4 degrees in Armenia
The Armenian Ministry of Emergency Situations urges the public to avoid direct sun exposure from 11am to 5pm Tuesday, July 7, as the index of...
14:38
Hundreds of drones light up Seoul sky with virus messages
Hundreds of drones lit up the night sky in Seoul for a spectacular showcase of empowering messages amid the coronavirus pandemic, Euronews...
14:22
Yerevan court continues hearings in Robert Kocharyan’s and others’ case
The Yerevan Court of General Jurisdiction, presided over by judge Anna Danibekyan, on Tuesday continued hearings in the case of Armenia’s...
13:58
Pompeo: US 'looking at' banning TikTok, other Chinese social media apps
The United States is "looking at" banning Chinese social media apps, including TikTok, Secretary of State Mike Pompeo said Monday,...
13:36
Artsakh leader, Armenian education minister meet in Stepanakert
Artsakh Republic President Arayik Harutyunyan on Tuesday hosted Armenia’s Minister of Education, Science, Culture and Sports Arayik...
13:22
Turkey warns it will respond if EU takes fresh measures against it
Turkey will respond with its own steps if the European Union imposes further sanctions on Ankara, Foreign Minister Mevlut Cavusoglu said on...

Follow us and get updates!

Most popular articles

{"core.blocks.header.spell_message1":"Selected mistake: ","core.blocks.header.spell_message2":"Send a message about the mistake?"}