ICJ stays execution, asks Pak to review sentence, slams denial of consular access
In a major victory for India, the International Court of Justice (ICJ) on Wednesday ruled that Pakistan must review the death sentence to Indian national Kulbhushan Jadhav, who has been sentenced to death by a Pakistani military court on charges of “espionage and terrorism”.
India hailed the ICJ verdict with Prime Minister Narendra Modi saying “truth and justice” have prevailed.
“We welcome today’s verdict in the @CIJ_ICJ. Truth and justice have prevailed. Congratulations to the ICJ for a verdict based on extensive study of facts. I am sure Kulbhushan Jadhav will get justice. Our Government will always work for the safety and welfare of every Indian,” the PM tweeted. The Ministry of External Affairs too welcomed the ICJ decision.
“We appreciate direction by the ICJ that Pakistan should review and reconsider conviction sentence given to Jadhav by Pakistani military court. We note that the court has directed that Pakistan is under an obligation to inform Jadhav without further delay of his rights to provide Indian consular officers access to him in accordance with Vienna Convention,” Raveesh Kumar, MEA Spokesperson, said.
Asserting that the ICJ verdict validated India’s position on this case, Kumar said India expected Pakistan to implement directive immediately. “This judgment validates India’s position on the case. We’ll continue to work vigorously for Jadhav’s early release and return to India,” he said.
Jadhav, 49, a retired Indian Navy officer, was sentenced to death by the Pakistani military court on charges of “espionage and terrorism” after an in-camera trial in April 2017. His sentencing evoked a sharp reaction in India.
A Bench led by President of the Court Judge Abdulqawi Ahmed Yusuf ordered an “effective review and reconsideration of the conviction and sentence of Kulbhushan”. The Bench also ruled by 15 votes to 1 that Pakistan had violated India’s rights to consular visits after Jadhav’s arrest.
Pakistan “deprived the Republic of India of the right to communicate with and have access to Kulbhushan, to visit him in detention and to arrange for his legal representation”, the judges said.
Pakistan was under the obligation to inform India about the arrest and detention of Jadhav under the Vienna Convention, Judge Yusuf ruled.
The Bench observed that there was a three-week delay in informing India about Jadhav’s arrest on March 3, 2016, leading to a “breach” of Pakistan’s obligations under the Vienna Convention.
Noting that India has made a number of requests for the consular access, which was denied by Pakistan, the court said it was “undisputed” fact that Pakistan did not accede to India’s appeals.
The court said Pakistan has not explained how any of the wrongful acts allegedly committed by India may have prevented it from fulfilling its obligation.
The verdict in the high-profile case comes nearly five months after a 15-member Bench of ICJ led by Judge Yusuf had reserved its decision on February 21 after hearing oral submissions by India and Pakistan. The proceedings of the case took two years and two months to complete.
India moved the ICJ in May 8, 2017 for the “egregious violation” of the provisions of the Vienna Convention by Pakistan by repeatedly denying New Delhi consular access to Jadhav.
A Bench of the ICJ, which was set up after World War II to resolve international disputes, on May 18, 2017, had restrained Pakistan from executing Jadhav till adjudication of the case.
Pakistan claims that its security forces arrested Jadhav from restive Balochistan province on March 3, 2016 after he reportedly entered from Iran. However, India maintains that Jadhav was kidnapped from Iran where he had business interests after retiring from the Navy.
Pakistan had rejected India’s plea for consular access to Jadhav at the ICJ, claiming that New Delhi wants the access to get the information gathered by its “spy”.
However, Pakistan facilitated a meeting of Jadhav with his mother and wife in Islamabad on December 25, 2017. A four-day public hearing in the high-profile case took place in February amidst heightened tensions between India and Pakistan following one of the worst terror attacks in Jammu and Kashmir by Pakistan-based Jaish-e-Mohammed terror group that killed 40 CRPF soldiers on February 14.
During the hearing in ICJ, both India and Pakistan submitted their detailed pleas and responses.
India based its case on two broad issues -- breach of Vienna Convention on consular access and the process of resolution. Harish Salve, who was representing India in the case, questioned the functioning of Pakistan’s notorious military courts and urged the top UN court to annul Jadhav’s death sentence, which is based on an “extracted confession”.
In his submission in the ICJ on the last day of the hearing, Pakistan’s counsel Khawar Qureshi said, “India’s claim for relief must be dismissed or declared inadmissible.”
