The Azerbaijani authorities violated two articles of the Convention on human rights, when in fact pardoned and heroes of officer Ramil Safarov who killed an Armenian soldier during NATO exercises. To this verdict the panel of judges of the European court of human rights, said in a statement on the court’s website.
Presided over the case, the judge from Ukraine Anna yudkovskaya.
In 2004, in a training camp for NATO in Hungary, Safarov with an axe beheaded the officer from Armenia Gurgen Margaryan and tried to kill his compatriot Hayk Makuchyan, but was caught by Hungarian police. The court recognized an Azerbaijani soldier convicted of murder on national soil and sentenced to life imprisonment. In 2012 Hungary had sent the prisoner home for further punishment. However, immediately upon arrival Safarov by President Ilham Aliyev pardoned him; he paid a higher salary and was given an apartment.
Mukuchyan and uncle of the deceased Samvel Minasyan appealed to the ECHR against the Azerbaijan and Hungary.
The court ruled that Azerbaijan had violated the procedural part of article 2, and article 14 of the Convention, since the pardoning and glorification of murderer provided him de facto impunity for the crime. The authorities of Baku “approved” and “supported” behavior Safarov said in the verdict.
However, the ECtHR disagreed with the plaintiffs to accept the responsibility of Azerbaijan for the crime itself.
“The attack occurred at night, outside of the time allotted for training, there is no evidence that he committed a crime on the orders of his superiors”, – said in the decision.
Thus, the actions of Azerbaijan do not contain violations of article 2 of the Convention, in fact, decided by the Board.
The actions of Hungary, issued the killer, the ECHR found no legal violations.
Azerbaijan is obliged to compensate the legal costs of the plaintiffs of £15 143.
The judge yudkovskaya in your Facebook called the case one of the most difficult in which she had to participate.