Information Note on the Court’s case-law 193
February 2016
Makuchyan and Minasyan v. Azerbaijan and Hungary (communicated) - 17247/13
Article 2
Positive obligations
Article 2-1
Life
Presidential pardon and release of convicted murderer following his transfer to Azerbaijan to serve remainder of sentence imposed in Hungary: communicated
Article 14
Discrimination
Presidential pardon and release of convicted murderer following his transfer to Azerbaijan to serve remainder of sentence imposed in Hungary for ethnically motivated crimes: communicated
The first applicant and the second applicant’s nephew were members of the Armenian military. In 2004, while they were attending a course in Budapest, the second applicant’s nephew was killed by R.S., a member of the Azerbaijani military who also tried to break into the first applicant’s room before being arrested by the Hungarian police. R.S. was convicted of premeditated murder and preparation for murder and sentenced to life imprisonment by the Hungarian courts, with a possibility of conditional release after 30 years. In 2012 R.S. was transferred to Azerbaijan to serve the remainder of his sentence after the Azerbaijan Ministry of Justice informed the Hungarian authorities that the sentence would be enforced. However, shortly after arriving in Azerbaijan, R.S. was granted a presidential pardon and released. He was also promoted and paid salary arrears. Although the Hungarian Government issued a statement expressing its disapproval of the pardon, a report issued by the Hungarian Ombudsman on 7 December 2012 observed that the transfer had been approved (though not enforced) before any assurances had been received from the Azerbaijani authorities.
In their application to the European Court the applicants complain of substantive and procedural violations of Article 2 of the Convention by Azerbaijan in that the attack was carried out by an Azerbaijani military officer and the grant of a pardon prevented the full enforcement of his sentence. They further complain under Article 14 in conjunction with Article 2 that the crimes were ethnically motivated hate crimes and had been acknowledged and endorsed by the grant of a presidential pardon and a promotion. Finally, the applicants complain that Hungary violated its positive obligations under Article 2 of the Convention by granting and executing the request for R.S.’s transfer without obtaining adequate binding assurances that he would complete his prison sentence in Azerbaijan.
Communicated under Article 2 and Article 14 in conjunction with Article 2.
© Council of Europe/European Court of Human Rights
This summary by the Registry does not bind the Court.
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