The Governments of Azerbaijan and Hungary have been asked by the European Court of Human Rights to respond formally to a case brought by the relatives of Armenian army officer Gurgen Margaryan, who was murdered by Azerbaijani officer Ramil Safarov in Budapest in 2004. Mr Margaryan’s relatives are represented by European Human Rights Advocacy Centre, Legal Guide (Armenian NGO) and Nazeli Vardanyan. European Human Rights Advocacy Centre informs.
Both Gurgen Margaryan and his murderer Ramil Safarov were attending a NATO-sponsored English-language course in Budapest. On 19 February 2004 Safarov murdered Mr Margaryan by decapitating him with an axe. In April 2006 Safarov was found guilty of murder by the Budapest City Court, and was sentenced to life imprisonment, with the possibility of conditional release after 30 years.
The court found that Safarov had intended to kill two Armenian participants at the course. After the Court of Appeal upheld this judgment in February 2007, Safarov began serving his sentence in a Hungarian prison.
In August 2012 the Hungarian Minister of Justice approved Safarov’s transfer to Azerbaijan with a view to his serving his sentence there. However, a few hours after Safarov was transferred, he was granted a pardon by the Azerbaijani President and set free. He was also promoted to major, awarded eight years’ salary arrears and offered a flat.
The victim’s family argue that Gurgen Margaryan’s right to life (Article 2 of the European Convention on Human Rights) has been violated by Azerbaijan – both because of his murder, and also because Ramil Safarov’s pardon has prevented the full enforcement of his sentence. They also argue that Mr. Margaryan was the victim of an ethnically-motivated hate crime, which was later endorsed by Safarov’s pardon and. In addition, they argue that Hungary has breached Article 2 of the Convention because it allowed Safarov to be transferred to Azerbaijan, without having obtained assurances that he would be required to complete his prison sentence in Azerbaijan.
The case is also brought by Hayk Makuchyan, an Armenian military officer whom Ramil Safarov was convicted of intending to murder during the same incident in Budapest.
Both governments are required to lodge their responses with the Strasbourg Court by May. The Court has also invited the Armenian Government to submit its comments, given Mr. Margaryan’s nationality.
