The
Human Rights Defender Mr. Arman Tatoyan considers the European Court’s judgment on Gurgen Margaryan murder case, an officer of the Armenian Armed
Forces, a key achievement in preventing crimes based on ethnically motivated
discrimination and hatred. It is also important in terms of strengthening the
human rights system at the Pan-European level.
In its
judgement in the case of “Makuchyan and Minasyan v. Azerbaijan and Hungary”
(application no. 17247/13), the
European Court recorded
that Ramil Safarov's pardon, benefits and encouragement at the highest state
level and glorification among the entire Azerbaijani society were ethically
motivated. According to the ECtHR, this is evidenced from the statements of the
high-ranking officials expressing their support for the conduct.
The European Court of Human Rights recorded and took
into consideration the statement of the Azerbaijani Ombudsperson Ms. Elmira
Suleymanova that "Ramil Safarov should become an exemplary model of
patriotism for the Azerbaijani youth." Immediately after Ramil Safarov’s
pardon by the President of Azerbaijan, the Azerbaijani Ombudsperson stated that
"It has become yet another proof of humanism of President Ilham Aliyev, of
his care for Azerbaijani citizens."
In the judgement, the European Court condemned for the release and
glorification of a person who committed murder as a result of ethnic hatred, which
is a dangerous impetus for creating an atmosphere of impunity. Earlier,
international organizations, such as CoE European Commission against Racism and
Intolerance (ECRI), UN Committee on the Elimination of Racial Discrimination
expressed their concern over the transfer and release of Ramil Safarov as well.
Nota
bene: serving a sentence and imposed punishment by a person who committed such
a brutal murder, are aimed at preventing the conduct of crimes based on ethnic
hatred in the future. However, the glorification and encouragement of such
crime has dangerous consequences and creates favorable circumstances for future
atrocities.
Ethnic
discrimination and hatred should be completely eradicated. This is unacceptable
in principle, especially when it is encouraged by the state. It endangers the
universal human rights system. It might have profound negative consequences,
the elimination of which will require long-term efforts. Such a negative
consequence was the murder of Gurgen Margaryan.
The
European Court, in this case, found a violation of right to life guaranteed by
the European Convention on Human Rights (Article 2), as well as the right to
prohibit discrimination (Article 14), in conjunction with the Article 2. In
particular, according to the judgment, Azerbaijan failed to enforce the
punishment of his citizen and to in effect grant him impunity for a serious
hate crime.
The
Human Rights Defender will be consistent, within the limits of his competence,
to promote the effective implementation of legal standards and principles for
the fight against ethnic discrimination and hatred at the universal level.
We
recall that, on the night of 19 February 2004, Azerbaijani officer Ramil
Safarov, who was participating in a course organized within the NATO-sponsored
“Partnership for peace” programme in Budapest, murdered an Armenian officer
Gurgen Margaryan while he was asleep by decapitating him with at least twelve
blows of an axe. He also tried to murder another Armenian officer, Hayk
Makuchyan. The Hungarian Court sentenced Ramil Safarov to life imprisonment. A
few years after his conviction, he was transferred from Hungary to Azerbaijan,
pardoned and glorified for killing an Armenian. In particular, he received a
number of privileges: he was paid eight years of salary arrears; granted a flat
in Baku and promoted to the rank of major at a public ceremony.
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