An Azeri kills an Armenian soldier at a NATO training in Budapest: the ECtHR decides a rare case of State responsibility and presidential pardon

By Cedric Ryngaert and Kushtrim Istrefi

On 26 May 2020, the European Court of Human Rights rendered a chamber judgment in Makuchyan and Minasyan v. Azerbaijan and Hungary. The case concerns a soldier from Azerbaijan, R.S., who killed an Armenian soldier and attempted to kill another one while on a NATO training in Budapest. R.S. was sentenced by the Hungarian courts to life imprisonment for committing a serious hate crime. In 2012, following a request by Azerbaijan, R.S. was transferred to his home country to serve the rest of his sentence. However, upon his arrival in Azerbaijan, R.S. was pardoned and released. He was promoted in the army and his salaries since 2004 were reinstated. R.S. was appreciated and glorified as a national hero for what he did in Budapest.

The legal issues raised in the case are as unique as the facts. In this analysis, we examine three core issues addressed by the Court. The first issue was whether the acts of R.S. were attributable to Azerbaijan on the ground that the latter acknowledged and adopted them. The Court held that they were not, and accordingly, that Azerbaijan had not breached its substantive obligations under Article 2 ECHR, which protects the right to life. The second issue was whether, in failing to enforce the punishment of R.S., Azerbaijan had violated its procedural obligations under Article 2 ECHR. The Court ruled that it did indeed. The third question was whether Hungary violated the procedural limb of Article 2 ECHR by agreeing to transfer R.S. to Azerbaijan, a question which the Court answered in the negative. The Court’s decisions further develop European and potentially international (human rights) law, and therefore call for some closer analysis. Continue reading