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In all above points.. interestingly INDIA DIDN'T ASK FOR CONSULAR ACCESS in arguments... Very interesting... (INFLUENCED)
ICJ hearing on Kulbhushan Jadhav case : News, Updates & Discussions
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In all above points.. interestingly INDIA DIDN'T ASK FOR CONSULAR ACCESS in arguments... Very interesting... (INFLUENCED)
John Reese
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Do you have any Knowledge of legal words used in courts
The appeal was made in ICJ on the grounds Of Vienna convention
The appeal Is plausible
Bhai tum Pakistaniyo ko english sahi mein nahi aati kya ???
The Eagle
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As I said before KY is not acquitted by ICJ but only his execution is being stayed now. However, I am still unable to understand that how come Times of India and Sushma Sawaraj knew in advance that KY execution is being stayed by ICJ as if it is the case, ICJ must take necessary measures in this regard.
graphican
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Still no talk of granting India right to counsellor access. Infect this is something they will decide on later.
John Reese
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Seems you Pakistani's have very poor Understanding of legal matters
Why was appeal made in ICJ by india in first place in violation of Para 36 of Vienna convention
HAIDER
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Few observations , that's in favor of India, which was expected. But, still PA and GOP has supreme authority in this case. Also , everyone must read how India escape from ICJ , when Pakistan took the case of Pak navel Atlantique shotdown by Indian forces.
graphican
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Can you read English? If so, point at the para where ICJ has advised Pakistan to provide counsellor access to Kulbhushan. ICJ only said India's request is plausible - but counsellor access is given or not is not decided! That point in itself is keeping the case alive in ICJ - otherwise ICJ is not a criminal court neither they can surpass jurisdiction of criminal court of the territory.
Waiting for you to point this out from ICJ's press release.
The case was never about getting Kulbhushan acquitted. This is just the beginning, first you ll have to give us consular access. Once we get the access then we play our next move.
Liquidmetal
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Congrats to India, another win, must be good to be so big and strong. Commiseration to PK, I can tell you it feels shit to lose yet again. This must change and we must look at ourselves and admit we are a bunch of incompetent idiots. We have caught a spy and yet we cannot proof anything at an international court.
We are not the USA to ignore a UN court, we are a piss poor developing country that is racked by terrorism thrust upon us by RAW but even worse is that we racked by incompetence, laziness, lack of intelligence, and we are proud to show our stupidity to the world.
Surely when we were tracking KY we had taken pics, recorded his phone calls, traced his steps, followed him, recording his activities, stops etc. If this is too sensitive then at least show the world he was given a proper trial. A confession in an European court where there is a lot of romance for India is not going to work. Even the video was done for promotional purposes when it should have been a professional and serious work, properly lit and placed at a table and a desk chair. We are our own worst enemies and the world keeps laughing and I am sick of it.
We are not the USA to ignore a UN court, we are a piss poor developing country that is racked by terrorism thrust upon us by RAW but even worse is that we racked by incompetence, laziness, lack of intelligence, and we are proud to show our stupidity to the world.
Surely when we were tracking KY we had taken pics, recorded his phone calls, traced his steps, followed him, recording his activities, stops etc. If this is too sensitive then at least show the world he was given a proper trial. A confession in an European court where there is a lot of romance for India is not going to work. Even the video was done for promotional purposes when it should have been a professional and serious work, properly lit and placed at a table and a desk chair. We are our own worst enemies and the world keeps laughing and I am sick of it.
The Eagle
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That is the point being discussed that it is only about counselor access though does not guarantee the release of KY. However, I repeat, how come ToI and Sushma knew in advance about ICJ Stay for Kulbashan execution?
Devil Soul
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Pakistan made a mistake': Criticism at home over ICJ decision
DAWN.COMUPDATED 7 MINUTES AGO
26 COMMENTS
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The International Court of Justice has issued an order staying the execution of Indian spy Kulbushan Jadhav by Pakistan, a decision which has caused shock and disappointment in Pakistan.
Although Pakistani analysts were earlier confident that the ICJ does not have jurisdiction to stay Jadhav’s execution, today observers have said the jurisdiction argument was “weak” and “damaging”.
‘Pakistan made a mistake’
Justice (r) Shaiq Usmani told DawnNews the decision is alarming because “ICJ does not have jurisdiction”.
"It's Pakistan’s mistake to have appeared there. They shouldn't have attended. They have shot themselves in the foot.”
The retired justice says the case will continue in Pakistan. “Until the ICJ gives it verdict, the case will go on in Pakistan. But he cannot be executed until the stay order is there. The proceedings will continue here.”
He added that the 40 days of appeal as permitted by the Field General Court Martial which convicted and sentenced the Indian spy.
"I think 40 days are over and the time to appeal is over. But if they want they can accept the time. The FGCM court can extend the time if they want."
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Shireen Mazari @ShireenMazari1
As I had predicted in my earlier tweets the ICJ decision was a foregone conclusion. We did not have to go to ICJ to begin with but we did
1:49 PM - 18 May 2017
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‘Pakistan was grossly unprepared’
London-based Barrister Rashid Aslam says Pakistan was ill-prepared and did not utilise the 90 minutes it had to make its argument.
“Pakistan had 90 minutes of argument time but we wasted 40 minutes,” said Aslam. He added: “I was surprised why we finished our arguments in such little time. I think Khawar Qureshi didn't consume all the time that was afforeded to him.”
“It is very clear, article 5 B of the Vienna Convention, that if a civilian is caught he is subject to human rights law. But if it is a spy, then human rights are forfieted. So I don't think we presented the case quite well.”
He added: “Pakistan had the right to set up a judge there but we didn't do that. I think Pakistan was grossly unprepared. It might be that we didn't have enough time…”
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Mubashir Zaidi @Xadeejournalist
#KalbhushanJhadav case precedent...Germany vs US 1982, Germans Karl-Heinz & Walter awarded death penalty. ICJ moved but US executed them
10:44 AM - 18 May 2017
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'Pakistan has a moral responsibility'
Analyst Zahid Husain said the ICJ is not binding legally but morally.
"Usually, verdicts of ICJ are not binding but according to international laws, possess moral responsibility."
He added that it can be said that verdict is in India’s favour but it can be said that the court has just ordered to overturn the implementation of execution, and has refused Pakistan’s challenge of its own jurisdiction.
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Farrukh K. Pitafi
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There is no point in criticizing our defense. Had you sent angels from the sky this would have been the outcome. Plain.
1:51 PM - 18 May 2017
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'Our lawyers were inexperienced'
Former Attorney General Irfan Qadir said he is shocked by the decision.
"I think this decision is a violation of the principle of natural justice. I am shocked as to why Pakistan went there and presented their position and gave it in such a rush."
"The lawyers handling these matters had no experience. The arguments had no weight. They should have been presented in a rational manner."
He added that the proceedings are yet to take place but that the legal team needs to be better prepared "with an experienced legal team".
"We need a dedicated team for Pakistan, loyal to the country. Pakistan's jurisprudence has been ruined because of this."
'Pakistan's case was weak'
Senior PPP leader Sherry Rehman said, "We based our case on jurisdiction and it proved weak. More arguments should have been made regarding espionage."
'Consular access is the main issue’
Lawyer Feisal Naqvi said the ultimate question is about consular access.
“The question is not whether he should be hung the questions are different. The question is; whether he can get consular access,” Naqvi said.
“It is normal that ICJ has said that we feel we might have jurisdiciton, so they have asked for a stay on execution. It is their impression that they have jurisdiction. They aren't final about it. It happens quite often that the court first orders a stay, then examines the situation more closely before giving a verdict.”
DAWN.COMUPDATED 7 MINUTES AGO
26 COMMENTS
The International Court of Justice has issued an order staying the execution of Indian spy Kulbushan Jadhav by Pakistan, a decision which has caused shock and disappointment in Pakistan.
Although Pakistani analysts were earlier confident that the ICJ does not have jurisdiction to stay Jadhav’s execution, today observers have said the jurisdiction argument was “weak” and “damaging”.
‘Pakistan made a mistake’
Justice (r) Shaiq Usmani told DawnNews the decision is alarming because “ICJ does not have jurisdiction”.
"It's Pakistan’s mistake to have appeared there. They shouldn't have attended. They have shot themselves in the foot.”
The retired justice says the case will continue in Pakistan. “Until the ICJ gives it verdict, the case will go on in Pakistan. But he cannot be executed until the stay order is there. The proceedings will continue here.”
He added that the 40 days of appeal as permitted by the Field General Court Martial which convicted and sentenced the Indian spy.
"I think 40 days are over and the time to appeal is over. But if they want they can accept the time. The FGCM court can extend the time if they want."
Follow
Shireen Mazari @ShireenMazari1As I had predicted in my earlier tweets the ICJ decision was a foregone conclusion. We did not have to go to ICJ to begin with but we did
1:49 PM - 18 May 2017
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‘Pakistan was grossly unprepared’
London-based Barrister Rashid Aslam says Pakistan was ill-prepared and did not utilise the 90 minutes it had to make its argument.
“Pakistan had 90 minutes of argument time but we wasted 40 minutes,” said Aslam. He added: “I was surprised why we finished our arguments in such little time. I think Khawar Qureshi didn't consume all the time that was afforeded to him.”
“It is very clear, article 5 B of the Vienna Convention, that if a civilian is caught he is subject to human rights law. But if it is a spy, then human rights are forfieted. So I don't think we presented the case quite well.”
He added: “Pakistan had the right to set up a judge there but we didn't do that. I think Pakistan was grossly unprepared. It might be that we didn't have enough time…”
Follow
Mubashir Zaidi @Xadeejournalist#KalbhushanJhadav case precedent...Germany vs US 1982, Germans Karl-Heinz & Walter awarded death penalty. ICJ moved but US executed them
10:44 AM - 18 May 2017
Twitter Ads info & Privacy
'Pakistan has a moral responsibility'
Analyst Zahid Husain said the ICJ is not binding legally but morally.
"Usually, verdicts of ICJ are not binding but according to international laws, possess moral responsibility."
He added that it can be said that verdict is in India’s favour but it can be said that the court has just ordered to overturn the implementation of execution, and has refused Pakistan’s challenge of its own jurisdiction.
Follow
Farrukh K. Pitafi ✔@FarrukhKPitafi
There is no point in criticizing our defense. Had you sent angels from the sky this would have been the outcome. Plain.
1:51 PM - 18 May 2017
Twitter Ads info & Privacy
'Our lawyers were inexperienced'
Former Attorney General Irfan Qadir said he is shocked by the decision.
"I think this decision is a violation of the principle of natural justice. I am shocked as to why Pakistan went there and presented their position and gave it in such a rush."
"The lawyers handling these matters had no experience. The arguments had no weight. They should have been presented in a rational manner."
He added that the proceedings are yet to take place but that the legal team needs to be better prepared "with an experienced legal team".
"We need a dedicated team for Pakistan, loyal to the country. Pakistan's jurisprudence has been ruined because of this."
'Pakistan's case was weak'
Senior PPP leader Sherry Rehman said, "We based our case on jurisdiction and it proved weak. More arguments should have been made regarding espionage."
'Consular access is the main issue’
Lawyer Feisal Naqvi said the ultimate question is about consular access.
“The question is not whether he should be hung the questions are different. The question is; whether he can get consular access,” Naqvi said.
“It is normal that ICJ has said that we feel we might have jurisdiciton, so they have asked for a stay on execution. It is their impression that they have jurisdiction. They aren't final about it. It happens quite often that the court first orders a stay, then examines the situation more closely before giving a verdict.”
Tamil_Manithan
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Evan the Chinese judge agreed this verdict
Leviza
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Everyone knows the level of Indian English lol
They won't point it out and just quoting Indian media which is saying 100% rubbish
Even Nawaz can't save him ? It will cost him his PM seat in coming elections
Sentiment are really high on this case
He can only win more votes if he simply let him hanged and give us against those claims that he don't speak against India
He could simply say I don't say I do , provided he is hanged
ShoutB
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read it again, and it says,
considering A36 Para 1 of VC , counsellor assistance must be provided to Mr. Jadhav without any delay.
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