THE COURT,
(1) Unanimously, Finds that it has jurisdiction, on the basis of Article I of the Optional Protocol concerning the Compulsory Settlement of Disputes to the Vienna Convention on Consular Relations of 24 April 1963, to entertain the Application filed by the Republic of India on 8 May 2017;
(2) By fifteen votes to one, Rejects the objections by the Islamic Republic of Pakistan to the admissibility of the Application of the Republic of India and finds that the Application of the Republic of India is admissible
(3) By fifteen votes to one, Finds that, by not informing Mr. Kulbhushan Sudhir Jadhav without delay of his rights under Article 36, paragraph 1 (b), of the Vienna Convention on Consular Relations, the Islamic Republic of Pakistan breached the obligations incumbent upon it under that provision;
(4) By fifteen votes to one, Finds that, by not notifying the appropriate consular post of the Republic of India in the Islamic Republic of Pakistan without delay of the detention of Mr. Kulbhushan Sudhir Jadhav and thereby depriving the Republic of India of the right to render the assistance provided for by the Vienna Convention to the individual concerned, the Islamic Republic of Pakistan breached the obligations incumbent upon it under Article 36, paragraph 1 (b), of the Vienna Convention on Consular Relations;
(5) By fifteen votes to one, Finds that the Islamic Republic of Pakistan deprived the Republic of India of the right to communicate with and have access to Mr. Kulbhushan Sudhir Jadhav, to visit him in detention and to arrange for his legal representation, and thereby breached the obligations incumbent upon it under Article 36, paragraph 1 (a) and (c), of the Vienna Convention on Consular Relations;
(6) By fifteen votes to one, Finds that the Islamic Republic of Pakistan is under an obligation to inform Mr. Kulbhushan Sudhir Jadhav without further delay of his rights and to provide Indian consular officers access to him in accordance with Article 36 of the Vienna Convention on Consular Relations;
(7) By fifteen votes to one, Finds that the appropriate reparation in this case consists in the obligation of the Islamic Republic of Pakistan to provide, by the means of its own choosing, effective review and reconsideration of the conviction and sentence of Mr. Kulbhushan Sudhir Jadhav, so as to ensure that full weight is given to the effect of the violation of the rights set forth in Article 36 of the Convention, taking account of paragraphs 139, 145 and 146 of this Judgment;
(8) By fifteen votes to one, Declares that a continued stay of execution constitutes an indispensable condition for the effective review and reconsideration of the conviction and sentence of Mr. Kulbhushan Sudhir Jadhav.
Summary:
Pakistan has violated international law by denying India consular access to Kulbhushan Jadhav, the International Court of Justice (ICJ) has ruled. The ICJ in the Hague, in a 15-1 decision, ruled that Pakistan had failed to inform Mr Jadhav of his rights, and deprived the Indian government "of the right to communicate with and have access to [him], to visit him in detention and to arrange for his legal representation".
"A continued stay of execution constitutes an indispensible condition for the effective review and reconsideration of the conviction and sentence,". The only judge to dissent was Tassaduq Hussain Jillani. ICJ president judge Abdulqawi Ahmed Yusuf, who read out the judgement, also directed Pakistan to review and reconsider the death sentence awarded to Jadhav under the provisions of the 1963 Vienna Convention that defines a framework for consular relations between countries
https://www.icj-cij.org/files/case-related/168/168-20190717-SUM-01-00-EN.pdf
https://www.bbc.com/news/world-asia-india-48932951
. A coerced confession shouldn't stand in court.
