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Safarov Lawyer Accuses Hungarian Judge in Pressure on Experts

/PanARMENIAN.Net/ Yesterday Adil Ismaylov, the lawyer of parents of Azeri officer Ramil Safarov, accused in murder of Armenian officer Gurgen Margaryan, held a press conference. The lawyer provided information on the court hearing on the case of the Azeri officer, held in Budapest December 15. Consideration of two issues was planned during the session – hearing of the testimony of Azeri officer Anar Aliyev and announcement of the medical expertise conclusion: «As Anar Aliyev has health problems, he cannot testify as a witness. Thus, his evidence, given during the preliminary investigation, was read at the hearing. Experts of the third medical and mental expertise over R. Safarov concluded that at the moment of murder he was irresponsible and was in a state of affect. In this case the judge could reduce his punishment, i.e. sentence him to imprisonment of 2-3 years.» In the lawyer’s words, «the judge chairing the process was discontent with the third medical expertise and showed it in his actions.» In the lawyer’s words, the judge «put pressure upon experts and even did not try to conceal his position.» «The judge asked experts three questions: what was the cause of the difference between the two previous examinations, which of these was correct and whether it was necessary to hold a third expertise. Experts answered that the difference between the two previous examinations was due to R. Safarov’s poor knowledge of Russian. The second expertise showed that at the moment of the murder his responsibility was very limited. The answers of medical experts did not content the judge and he said he did not accept the outcomes of the third expertise. Heaping the experts with unnecessary questions, the judge told them they had exceeded their authorities and prescribed another expertise,» Ismaylov said.

As the lawyer reported, «demonstration of his position by the judge makes me worry.» Thus, he might protest against judge’s actions, «the matter is under consideration now and whether a protest will be lodged against judge’s actions depends on the decision made after the discussion.» Noting he did not have any criticism against Hungarian barristers, the lawyer said that medical experts were impartial up to now. He hoped for the next report of experts to be unbiased as well.
A. Ismaylov also reminded that both Azerbaijan and Hungary have joined the Convention on Extradition of Convicts. In the lawyer’s words, in compliance with the Convention, after the sentence is passed Safarov may be extradited to the fatherland.

It should be noted that lawyer representing the interests of the Armenian party in Budapest Nazeli Vardanyan said the third expert was charged with the task to carry out comparative analysis of the conclusions submitted by the previous experts. However the third expert had exceeded his authority and held another forensic-psychological examination, which was later declared invalid by the court. Moreover when responding to the judge’s questions the expert showed ignorance of the case and his attempts to ground his opinion came to grief. Nazeli Vardanyan also said all of the three examinations showed Safarov is mentally healthy. The second and third experts assure that when committing the crime he was in “black-out” but not in insanity. However the first examination proved Safarov was sane before and after committing the murder. To note, the court decided on another examination, the results of which will be declared at the next session scheduled for March 7, 2006.

It should be reminded that February 19, 2004 Armenian Armed Forces lieutenant Gurgen Margaryan, sent to Budapest to take part in English language courses within NATO Partnership for Peace Program, was brutally hacked by the Azeri officer, who also participated in the same courses. Safarov is indicted for murder according to article 116.2 of the Hungarian Criminal Code (murder committed with special cruelty and attempt at the life of more than one person), which provides for a punishment from imprisonment of 10-15 years to life sentence.

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