The 1531st meeting of the Committee of Ministers of the Council of Europe on human rights took place in Strasbourg from June 10th to 12th. During the meeting, among other decisions, the Committee adopted a special resolution in response to Azerbaijan’s failure to follow the ruling in Makuchyan and Minasyan v. Azerbaijan.
The case is about the brutal and planned murder of Armenian serviceman Gurgen Margaryan by Azerbaijani officer Ramil Safarov, and the attempted murder of Hayk Makuchyan.
The resolution calls on the Azerbaijani government to immediately pay the legal fees of the victims’ representatives. It also urges Azerbaijan to confirm that all public statements supporting the release of Safarov, especially those posted on the official website of the President, have been removed. In addition, it demands that Azerbaijan ensure that Safarov no longer holds any government or public position. The resolution also expresses deep concern that Safarov was given special treatment that had no legal basis under Azerbaijani law.
The “International and Comparative Law Center” regularly provides updates to the Council of Europe’s Committee of Ministers about this case, showing that Azerbaijan continues to ignore the court’s ruling. Siranush Sahakyan, head of the Center, represents the families of Gurgen Margaryan and Hayk Makuchyan.
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By refusing to punish Safarov, Azerbaijan has helped create an environment where further crimes during the wars in Artsakh became possible. These include the beheading of civilians and soldiers, along with many other acts of torture. Although Azerbaijan has claimed that it did not justify Safarov’s actions and never considered him innocent, crimes like his are rarely investigated or punished.
It should be stressed that starting January 11, 2004, Armenian officers Gurgen Margaryan and Hayk Makuchyan were attending a 3-month English language training course through NATO’s Partnership for Peace program. Azerbaijani officers, including Ramil Safarov, were also enrolled in the same course.
On the morning of February 19, around 5 AM, Safarov entered the dorm room where Margaryan and his Hungarian classmate Kuti Balázs were sleeping. Safarov struck Margaryan in the head and neck 16 times with an axe while he was asleep. Balázs woke up from the noise, screamed, and ran to get help. Meanwhile, Safarov, still armed with the axe, went to the room of the other Armenian officer, Makuchyan, but the door was locked. Safarov yelled his name and demanded that he open the door. Makuchyan’s Lithuanian neighbor stopped him from opening it. Not long after, Hungarian police arrested Safarov.
In April 2006, the Budapest Municipal Court sentenced Safarov to life in prison, with no chance of parole for 30 years. However, in August 2012, Hungary sent Safarov back to Azerbaijan, where he was immediately pardoned by President Ilham Aliyev. On the same day, Azerbaijan’s Ministry of Defense promoted him from lieutenant to major.
International and Comparative Law Center — Armenia NGO