Baku Reacted to Criticism of Washington for the Forgiveness of Safarov

Regarding the statements of the press services of the US Council of National Security and the US Department of State on the transfer of a citizen of Azerbaijan Ramil Safarov to serve his sentence in Azerbaijan and his subsequent pardon, Fuad Alasgarov, head of the Department on Work with Law Enforcement Authorities of the Azerbaijani Presidential Administration, said:

"The procedure for the transfer of sentenced persons to serve their sentences is governed by the European Convention on the Transfer of Sentenced Persons, adopted by the Council of Europe in 1983. Hungary and the Republic of Azerbaijan ratified the Convention. According to this Convention, a person convicted in one of the Contracting Parties may be transferred to another Contracting Party in order to serve his sentence. This Convention does not prevent the transfer of the convicted person, even after the entry into force of a final judgment against him.

In addressing the issue of transfer of Ramil Safarov, both Hungary and the Republic of Azerbaijan acted in full compliance with the Convention. The Azerbaijani side provided all the necessary legal information on the procedure to continue execution. Based on this information, the Hungarian party gave its consent to the transfer of Ramil Safarov.

On the issue of pardon of Safarov we should clarify that the sentence of the Hungarian court is limited only by the possibility of parole for 30 years from the date of sentencing. This restriction does not apply to the possibility of pardon or amnesty of the convict.

Ramil Safarov was pardoned by the Constitution and laws of Azerbaijan in accordance with the Convention on the Transfer of Sentenced Persons. The Convention provides that each Party may declare a pardon, amnesty or reduced punishment in accordance with the current Constitution or other legislation.

According to the Constitution of Azerbaijan, the pardon is the exclusive power of the President. The criminal legislation of Azerbaijan provides that for persons sentenced to life imprisonment, the sentence may be replaced by imprisonment for a term not exceeding 25 years.

Ramil Safarov was in custody since February 19, 2004, that is, he served more than eight and a half years of his sentence. The act of clemency should be viewed as a substitute of the life sentence to a sentence, which the condemned had already served. Accordingly, Ramil Safarov was released.

Thus, as the procedure for the transfer of Safarov from Hungary to serve his sentence in Azerbaijan and his subsequent pardon, it fully complies with the European Convention on the Transfer of Sentenced Persons and the domestic law of the Republic of Azerbaijan."

The day before the White House expressed "disappointment" of Barack Obama for the pardon of Safarov.

"This is a step contrary to the current efforts to restrict regional tensions and promote reconciliation. The United States also expects an explanation from Hungary regarding its decision to extradite Safarov to Azerbaijan," the White House stated. -0-