HUNGARIAN MINISTRY OF JUSTICE COMMENTED ON SAFAROV'S EXTRADITION

ARMENPRESS
31 August, 2012
YEREVAN

YEREVAN, AUGUST 31, ARMENPRESS: "Armenpress" news agency received an
exclusive comment by the Ministry of Public Administration and Justice
of Hungary on occasion of extradition of Ramil Safarov. Armenpress
fully presents the comment:

"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.

According to the information provided by the Ministry of Justice of
Azerbaijan, under the Criminal Code of Azerbaijan the act for which
the sentence was imposed constitutes a criminal offence that may be
punished by life imprisonment.

Persons sentenced to life imprisonment may, at the earliest, be
conditionally released after serving a period of twenty-five years.

The Ministry of Justice of Azerbaijan has further informed the
Ministry of Public Administration and Justice of Hungary that Ramil
Sahib Safarov's sentence will not be converted but will immediately
be continued to be enforced, according to the Hungarian judgment.

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 today been transferred to
Azerbaijan.

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" is mentioned in
the comment.




From: A. Papazian