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Op-Ed: Politics Of A Pardon

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  • Op-Ed: Politics Of A Pardon

    OP-ED: POLITICS OF A PARDON

    ianyan Magazine
    Oct 1 2012

    By Lorky Libaridian and Edgar Martirosyan

    The recent extradition and subsequent pardon of Azerbaijani lieutenant
    Ramil Safarov sparked massive outcry across the Armenian diaspora
    throughout the world and even earned Budapest a spot in the Economist.

    The facts are simple: on February 19, 2004, Safarov, while partaking
    in English language courses as part of NATO's Partnership for Peace
    program, axed to death one sleeping Armenian lieutenant Gurgen
    Margaryan with sixteen blows, nearly severing his head.

    Safarov gladly accepted responsibility, and in April of 2006, was
    sentenced to life imprisonment without possibility of parole until
    2036. Azerbaijan immediately set to work on securing Safarov's release
    by establishing an Embassy in Budapest in the fall of 2004. After
    eight years of relentless diplomatic efforts, Azerbaijan finally
    convinced Budapest to extradite Safarov to Azerbaijan in exchange
    for guarantees that Safarov would serve at least twenty-five years
    of his life imprisonment sentence before being paroled. Upon arrival
    to Azerbaijan, Safarov was pardoned by President Ilham Aliyev, given
    a hero's welcome, promoted to the rank of major, and provided with
    accommodations by the government.

    Both the Armenian state and the worldwide Armenian Diaspora reacted
    immediately with fierce indignation. President Serge Sargsian
    suspended all relations with Hungary, raised the military's alert
    level, and expressed Armenia's readiness to repel any aggression by
    Azerbaijan. Across the world, Armenians protested Safarov's extradition
    and pardon at Hungarian and Azerbaijani consulates and embassies. The
    outcry even prompted Hungarian citizens to protest their own government
    and to start an initiative wherein Hungarian citizens made public
    apologies to Armenia (and Armenians) for Safarov's extradition. For
    its turn, Budapest was forced to adopt a more apologetic tone,
    summoning Azerbaijan's Ambassador to explain Safarov's pardon.

    This article concerns itself with the political context of Safarov's
    extradition and the Armenian nation's reaction to Aliyev's subsequent
    pardon.

    First, Safarov's extradition should serve as a stark reminder of
    Yerevan's feeble diplomacy. Per news reports, the Armenian National
    Autonomy of Hungary apparently kept the Armenian government informed
    of Azerbaijan's actions in Hungary, with repeated requests to have an
    Armenian Embassy established in Hungary. The Autonomy sent news to
    the government of Armenia of Safarov's impending release on August
    20, 2012. Sadly, not much (or at least nothing effective) seems to
    have been done in the interim. Safarov's imminent extradition barely
    made the news around August 25, 2012 (with only a few sources writing
    about the imminent extradition). On August 31, 2012, it was too late.

    Safarov had reached Baku and was being received by Azerbaijan (with
    flowers to boot) as a hero. Armenians across the world woke up that
    day to surprising headlines too surreal to believe at first glance:
    the cold-blooded axe murderer who nearly severed a man's head while
    he slept was free.

    How did this come to be? Were warnings from Hungary ignored or not
    taken seriously? Or did the Sargsian administration feel powerless -
    - or was powerless - to do anything? Why did official Yerevan fail
    to inform the public - and it's Diaspora - well in advance, a move
    which may have brought about massive public outcry and international
    pressure in time to prevent Safarov's extradition? Perhaps the Armenian
    government was truly ignorant of the impending extradition?

    Whatever the explanations may be, Safarov's extradition is an
    embarrassing failure for official Yerevan. The likelihood that it did
    not have sufficient notice of the imminence of Safarov's extradition
    is slim. As such, its failure to take meaningful steps to stop
    the extradition from taking place betrays a significant collapse
    of Armenia's most basic intelligence systems and speaks leaps of
    the shortcomings of the Ministry of Foreign Affairs. Frankly put,
    someone was asleep at the wheel, and it sure wasn't Ilham Aliyev or
    Elmar Mammadyarov.

    Nonetheless, Safarov's pardon presents a unique opportunity for the
    Armenian nation to move away from its tendency to personalize regional
    discord and instead to engage the politically relevant factors and
    bodies. First, both Yerevan and the Armenian Diaspora should strain to
    differentiate between Hungary and Azerbaijan. In at least 20 cities
    around the world, including Oslo, Madrid, Buenos Aires, Kolkata,
    Vilnius Prague, Nicosia, Moscow, and Los Angeles, demonstrations were
    held outside of Hungarian Embassies and Consulates. But in only a small
    handful of cities- Buenos Aires, Ottawa, Los Angeles, and at most
    one or two more- were there demonstrations against the Azerbaijani
    representative; in Los Angeles, the protest was simultaneous
    with the protest against the Hungarian Consulate. While Hungary
    deserves its fair share of criticism, Azerbaijan is unquestionably
    responsible for freeing, literally, an axe-murderer. In fact, the
    disproportionality of attention given to Hungary over Azerbaijan is
    quite startling. Moreover, the protests have failed to clarify that
    it is not the Hungarian people who should be condemned, but official
    Budapest, a sentiment largely muffled - if not outright discarded -
    when the Hungarian flag was burned in Yerevan.

    Most importantly, the rhetoric against Azerbaijan should be carefully
    crafted so as not to alienate Azerbaijani civil society and people.

    Aliyev's pardon is as much an offense to the growth and development
    of Azerbaijani civil society, statehood, and to democratic ideals as
    it is an affront to Armenia and Artsakh. If anything, to the extent
    that Safarov's reception fuels anti-Azerbaijani sentiment in Armenia
    and the Diaspora, Aliyev succeeds in shoring up popular support at
    home and further complicating the prospects of a peaceful resolution
    to the Nagorno-Kharabagh conflict. If there is going to be a peaceful
    resolution to the Nagorno-Kharabagh conflict, then the narrative from
    official Yerevan and the Armenian nation must be directed at official
    Baku, and not the Azerbaijani people.

    The message that should come from Yerevan and its Diaspora is simple:
    Safarov's pardon is as much an affront to Azerbaijani civil society
    and statehood as it is to Armenia and the Armenian nation. The pardon
    not only undermines the development of democracy in Azerbaijan,
    but further complicates the nation's image abroad. Moreover, with the
    pardon and pedestalization of Safarov, Azerbaijan confirmed the concern
    of many Armenians, Armenia, and Artsakh: that is, Armenian lives will
    neither be valued nor protected by the Azeri state. As such, Aliyev's
    actions have placed Azerbaijan at a strategic disadvantage, giving
    Armenia the fodder it needs to reject the possibility of resolution
    of the Nagorno-Kharabagh issue within the territorial integrity of
    Azerbaijan. Yerevan and its Diaspora should not miss this strategic
    opportunity to highlight the differences between the West and Baku -
    especially as those differences relate to ensuring the security of
    the inhabitants of Nagorno-Kharabagh - instead of focusing its ire
    against Budapest.

    In short, the issue, as framed, must transcend simplistic notions
    of us versus them. That is, the Safarov matter should not be seen
    as an affirmation of hatred between Armenians and Azerbaijanis, nor
    should it serve to promote further dehumanization, misunderstanding,
    and hatred between the two peoples. Our efforts must be focused on
    communicating to the people of Azerbaijan that the mutual development
    of democratic, progressive societies where the rule of law is the
    highest measure of authority is in the interest of both states. Both
    nations and peoples must move beyond the individual antagonisms and
    dehumanization which are so easily manipulated by governments, and
    instead pursue lines of mutual understanding and collective interests.

    Edgar Martirosyan is a practicing Attorney in Los Angeles, California.

    Edgar received his B.A. in Political Science from UCLA, and his
    Juris Doctor degree from UCLA School of Law. He is a board member
    with Policy Forum Armenia, and a member of the Board of Directors of
    ARPA Institute.

    Lorky Libaridian is a practicing Physician in San Francisco,
    California. Lorky received her B.A. at Yale College, majoring in
    Evolutionary Biology and Behavior, and her M.D. at Yale University
    School of Medicine. She has worked with various healthcare institutions
    in Armenia for almost two decades.

    http://www.ianyanmag.com/2012/10/01/op-ed-politics-of-a-pardon/

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