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| ] was extradited under the framework guidelines of the 1983 Strasbourg Convention on the Transfer of Sentenced Persons and transferred to Azerbaijan after serving eight years of the life sentence in August 31, 2012. |
] was extradited under the framework guidelines of the ] and transferred to Azerbaijan after serving eight years of the life sentence in August 31, 2012.<ref>] said that Hungary complied with international regulations regarding Ramil Sahib Safarov’s transfer to Azerbaijan. State Secretary for Foreign Affairs and External Economic Relations ] informed the public that every aspect of the transfer was in accordance with the 1983 Strasbourg Convention and was a transparent procedure<ref></ref>. | ||
| == Legal basis == | |||
| Ramil Sahib Safarov, an Azerbaijani national imprisoned in Hungary since 19 February 2004, sentenced to life imprisonment for murdering ], an Armenian national, has requested - pursuant to the 1983 Strasbourg Convention on the Transfer of Sentenced Persons - his transfer to Azerbaijan in order to serve his sentence in Azerbaijan.Both Azerbaijan and Hungary are parties to the Convention, which was promulgated by Act No. of 1994 by the ]. | |||
| Under the Convention, a person sentenced in the territory of a Party may be transferred to the territory of another Party, in accordance with the provisions of the Convention, in order to serve the sentence imposed on him. To that end, such a person may express his interest to the sentencing State or to the administering State in being transferred under the Convention. The competent authorities of the administering State shall continue the enforcement of the sentence or convert the sentence, through a judicial or administrative procedure, into a decision of that State. In case of continued enforcement the administering State shall be bound by the legal nature and duration of the sentence as determined by the sentencing State. | |||
| Since the conditions specified in the Convention for the transfer of sentenced persons have been met in Ramil Sahib Safarov’s case, his transfer has been authorized by the Minister of Public Administration and Justice and Ramil Sahib Safarov has been transferred to Azerbaijan in August 31, 2012. | |||
| Under the Convention, the enforcement of the sentence shall be governed by the law of the administering State and that State alone shall be competent to take all appropriate decisions. In 2010 eleven sentenced persons, in 2011 seven sentenced persons while in 2012 eight sentenced persons were and have been transferred abroad from Hungary under the Convention,. Hungary does act and is, in Ramil Sahib Safarov’s case as well, acting in compliance with the rules of international law.<ref></ref> | |||
| == Pardon of Ramil Safarov == | |||
| The President of ] ] issued a pardon immediately upon Safarov's arrival in ] and ordered that he be "freed from the term of his punishment." | |||
| After arriving in Baku, Safarov stated: "This is the restoration of justice. It was a little surprise for me." He then visited Martyrs' Lane to lay flowers at the tomb of Azerbaijan's former president Heydar Aliyev. He also laid flowers at the Eternal Flame monument and visited a monument to Turkish soldiers. | After arriving in Baku, Safarov stated: "This is the restoration of justice. It was a little surprise for me." He then visited Martyrs' Lane to lay flowers at the tomb of Azerbaijan's former president Heydar Aliyev. He also laid flowers at the Eternal Flame monument and visited a monument to Turkish soldiers. | ||
| == Consequences == | |||
| Armenian President ] said in ] later in the day that ] had decided to break diplomatic ties with ].<ref></ref> | |||
| ] | ] | ||
Revision as of 22:31, 5 September 2012
Ramil Safarov was extradited under the framework guidelines of the 1983 Strasbourg Convention on the Transfer of Sentenced Persons and transferred to Azerbaijan after serving eight years of the life sentence in August 31, 2012.Cite error: A <ref> tag is missing the closing </ref> (see the help page)..
Legal basis
Ramil Sahib Safarov, an Azerbaijani national imprisoned in Hungary since 19 February 2004, sentenced to life imprisonment for murdering Gurgen Margaryan, an Armenian national, has requested - pursuant to the 1983 Strasbourg Convention on the Transfer of Sentenced Persons - his transfer to Azerbaijan in order to serve his sentence in Azerbaijan.Both Azerbaijan and Hungary are parties to the Convention, which was promulgated by Act No. of 1994 by the Hungarian Parliament.
Under the Convention, a person sentenced in the territory of a Party may be transferred to the territory of another Party, in accordance with the provisions of the Convention, in order to serve the sentence imposed on him. To that end, such a person may express his interest to the sentencing State or to the administering State in being transferred under the Convention. The competent authorities of the administering State shall continue the enforcement of the sentence or convert the sentence, through a judicial or administrative procedure, into a decision of that State. In case of continued enforcement the administering State shall be bound by the legal nature and duration of the sentence as determined by the sentencing State.
Since the conditions specified in the Convention for the transfer of sentenced persons have been met in Ramil Sahib Safarov’s case, his transfer has been authorized by the Minister of Public Administration and Justice and Ramil Sahib Safarov has been transferred to Azerbaijan in August 31, 2012.
Under the Convention, the enforcement of the sentence shall be governed by the law of the administering State and that State alone shall be competent to take all appropriate decisions. In 2010 eleven sentenced persons, in 2011 seven sentenced persons while in 2012 eight sentenced persons were and have been transferred abroad from Hungary under the Convention,. Hungary does act and is, in Ramil Sahib Safarov’s case as well, acting in compliance with the rules of international law.
Pardon of Ramil Safarov
The President of Azerbaijan Republic Ilham Aliyev issued a pardon immediately upon Safarov's arrival in Baku and ordered that he be "freed from the term of his punishment." After arriving in Baku, Safarov stated: "This is the restoration of justice. It was a little surprise for me." He then visited Martyrs' Lane to lay flowers at the tomb of Azerbaijan's former president Heydar Aliyev. He also laid flowers at the Eternal Flame monument and visited a monument to Turkish soldiers.
Consequences
Armenian President Serzh Sargsyan said in Yerevan later in the day that Armenia had decided to break diplomatic ties with Hungary.
- Government of Hungary: Ramil Sahib Safarov’s sentence will continue to be enforced by Azerbaijan
- Government of Hungary: Azerbaijani extradition