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Procedure : 2012/2785(RSP)
Document stages in plenary
Document selected : B7-0428/2012

Texts tabled :

B7-0428/2012

Debates :

PV 13/09/2012 - 17.3

Votes :

PV 13/09/2012 - 18.3

Texts adopted :


MOTION FOR A RESOLUTION
PDF 112kWORD 70k
See also joint motion for a resolution RC-B7-0428/2012
11.9.2012
PE493.589v01-00
 
B7-0428/2012

with request for inclusion in the agenda for a debate on cases of breaches of human rights, democracy and the rule of law

pursuant to Rule 122 of the Rules of Procedure


on Azerbaijan: the Ramil Safarov case (2012/2785(RSP))


Charles Tannock, Ryszard Czarnecki on behalf of the ECR Group
NB: This motion for a resolution is available in the original language only.

European Parliament resolution on Azerbaijan: the Ramil Safarov case (2012/2785(RSP))  
B7‑0428/2012

The European Parliament,

–   having regard to its previous resolutions on the situation in Azerbaijan, in particular those concerning human rights,

–   having regard to the statement of the EU High representative Catherine Ashton and Commissioner Štefan Füle on the release of Ramil Safarov 3 September 2012,

–   having regard to the statement by NSC Spokesman on behalf of President Obama on Azerbaijan’s Decision to Pardon Ramil Safarov, August 31, 2012

–   having regard to the statement of the Hungarian Prime Minister Viktor Orbán of 3 September 2012 in which he assured that Hungary acted in accordance with its international obligations,

–   having regard to the established practice of international law regarding extradition, European Convention on Extradition and the Convention on the Transfer of Sentenced Persons in particular,

–   having regard to the official letter to the Ministry of Public Administration and Justice of Hungary from the Deputy Minister of Justice of the Republic of Azerbaijan, Vilayat Zahirov on 15 August 2012

–   having regard to Rules 122(5) and 110(4) of its Rules of Procedure,

A.  whereas Azerbaijan is an elected member of the UN Security Council as well as a member of the Council of Europe

B.  whereas the Azerbaijani citizen Ramil Safarov was convicted to a life sentence for the brutal cold blooded murder of an Armenian soldier Gurgen Markarian, which he committed during his stay at the military academy in Budapest in 2004, where both men were attending the English-language courses organised by NATO,

C.  whereas Hungary and Azerbaijan are signatories of the Convention on the Transfer of Sentenced Persons,

D.  whereas inthe official letter to the Ministry of Public Administration and Justice of Hungary on 15 August 2012, the Azerbaijani Deputy Minister of Justice Vilayat Zahirov informed Hungary that the execution of the court’s decision of the foreign state regarding the transfer of sentenced persons to serve the remaining part of their prison sentences in the Republic of Azerbaijan woud be carried out in line with the Convention’s Article 9 paragraph 1 point a) and without any commutation of the court's sentence. He further assured Hungary that according to the Azerbaijani Criminal Code Article 57.3 the punishment of a convict who is serving a life sentence for murder could only be replaced by a court order with an imprisonment for a determined period or could be released on conditional parole, but only after at least 25 years of custody in prison has been served,

E.  whereas immediately after the transfer of Ramil Safarov to Azerbaijan the Azerbaijani President Ilham Aliyev pardoned Ramil Safarov in line with the Constitution of the Republic of Azerbaijan and art. 12 of the Convention on the Transfer of Sentenced Persons,

F.  whereas the Presidential pardon given in such a short time questions the original motives of the demand for the repatriation of Ramil Safarov, is not in line with the letter of reassurance to Hungary provided by the Azerbaijani Deputy Minister of Justice, Vilayat Zahirov, of 15 August 2012; whereas the Republic of Armenia has severed in protest its diplomatic ties with Hungary on 31 August 2012,

G.  whereas the pardoning of the murderer of an Armenian soldier further provocatively escalates the tensions in the region,

H.  whereas Azerbaijan is a member of the Council of Europe and a signatory to the European Convention on Human Rights

1.  Deplores the glorified welcome in Azerbaijan of murderer Ramil Safarov, and the decision to promote him to the rank of Major and pay him 8 years of back salary upon his arrival.

2. Encourages Azerbaijan and Armenia to remain engaged in a reconciliation process.

3.  Recalls its position that the Association Agreement between the EU and Azerbaijan, currently being negotiated, should include clauses and benchmarks on the protection and promotion of human rights and the rule of law,

4.  Urges the Azerbaijani authorities to step up their efforts to reform all aspects of the judicial system: including the prosecution, trial, sentencing, detention and appeals processes;

5.  Calls on the Azerbaijani authorities to comply with all rulings of the European Court on Human Rights concerning Azerbaijan;

6.  Instructs its President to forward this resolution to the Council, the Commission, the EEAS, the Governments and Parliaments of the Republic of Azerbaijan and the EU Member States.

 

 

Last updated: 11 September 2012Legal notice