ICJ rejects India’s plea for Jadhav's return, grants consular access
Dawn.com |
AFP
July 17, 2019
Jadhav — a serving commander of the Indian Navy associated with Indian spy agency Research and Analysis Wing — was arrested on March 3, 2016, from Balochistan on allegations of espionage and terrorism. — DawnNewsTV/File
Pakistan has been directed to suspend the execution of the death penalty awarded to Jadhav till it fulfills the new conditions. Photo: UN Web TV
The International Court of Justice (ICJ) on Wednesday
announced its verdict on India’s petition challenging the death sentence given to Indian spy
Kulbhushan Jadhav, ruling that Jadhav be allowed consular access and asking Pakistan to ensure “effective review and reconsideration of his conviction and sentences”.
The court found that nothing in Article 36 of the Vienna Convention on Consular Relations (VCCR) precludes its applicability to persons accused of espionage.
The provision basically states that when a national of a foreign country is arrested, they must be informed of the right to have their country’s consulate notified and should also have the right to regular consultation with their consulate’s officials during their detention and trial.
Pakistan had argued, unsuccessfully, that Article 36 of the VCCR does not apply to people involved in espionage.
Pakistan has been directed to suspend the execution of the death penalty awarded to Jadhav till it fulfills the new conditions (ensuring consular access and 'effectively' reviewing the case).
Pakistan's legal team listens to the judgement.
The ICJ, however, also rejected most of the other remedies sought by India, which included the annulment of the military court decision convicting Jadhav, his release and his return to India. It cited limitations of its jurisdiction in turning down those appeals.
Pakistan's team, headed by Attorney General Anwar Mansoor Khan, had reached
The Hague to hear the verdict. The team also included Foreign Office Spokesperson Dr Muhammad Faisal.
A timeline of the case. — Design: Leea Contractor
Jadhav — a serving commander of the Indian Navy associated with Indian spy agency Research and Analysis Wing — was
arrested on March 3, 2016, from Balochistan on allegations of espionage and terrorism.
In his subsequent trial at a military court, Jadhav had confessed to his involvement in terrorist plots.
The spy was subsequently sentenced to death in 2017. However, India insisted that Jadhav was not a spy and said he was kidnapped from Iran.
On April 10, 2017, Army Chief Gen Qamar Bajwa had
endorsed the death penalty for Jadhav. In June 2017, the Indian spy had filed a
mercy petition against the death penalty, in which he again confessed to his involvement in terrorist activities.
However, before Pakistani authorities could make a final decision, the International Court of Justice (ICJ), after being
approached by India, had
ordered a stay in his execution through an interim order.
ICJ hearing
During the hearing of the case in the international court, India
denied Jadhav was a spy and had asked the ICJ to order his release because he was denied consular access and not allowed to choose his own defence lawyer.
Attorney General of Pakistan Anwar Mansoor Khan had in turn
argued that Jadhav was an Indian spy sent to Balochistan to destabilise the country and therefore not entitled to consular access. He had said that "India's claim for relief [...] must be dismissed."
Khan had told the court that Jadhav ran a network "to carry out despicable terrorism and suicide bombing, targeted killing, kidnapping for ransom and targeted operations to create unrest and instability in the country".
"His unlawful activities were directed at creating anarchy in Pakistan and particularly targeted the China-Pakistan Economic Corridor," Khan had told the 15-judge bench.
India's lawyers told the court in February that it was a “farcical case” based on “malicious propaganda”, while Pakistan's lawyers hit back by accusing Jadhav of “terrorism”.
The last hearing coincided with a sharp spike in tensions between the two nuclear-armed neighbours after a suicide bombing in occupied Kashmir's Pulwama, although relations have since improved.
Family meeting
India also accused Pakistan of
harassing Jadhav's family in 2017 during a
meeting that it said was held in an “atmosphere of coercion”.
It said Jadhav's conversation with his mother and wife was “tutored and designed to perpetuate the false narrative of his alleged activities in Pakistan”.
Jadhav, on the other hand, said he
"saw fear" in the eyes of his mother and wife when he met them in Islamabad on December 25, 2017, adding that an Indian diplomat accompanying them was "yelling at them".
