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Kulbhushan Jadhav's wife, mother reach Islamabad for meeting with Indian spy

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Kulbhushan Jadhav's wife, mother reach Islamabad for meeting with Indian spy
AP | Naveed SiddiquiDecember 25, 2017
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Kulbhushan Jadhav's wife and mother arrived in Islamabad on Monday for a meeting with the convicted Indian spy at the Ministry of Foreign Affairs (MOFA), DawnNews reported.

Officials said all arrangements are in place for the meeting between Kulbhushan Jadhav and his wife and mother.

Sharpshooters have been deployed at the MOFA's sprawling building ahead of the meeting.
 
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Should have done the meeting by Skype

Sorry, No can do.

Read up on Vienna Convention on Consular Rights.

pakistan is a signatory to this treaty and it clearly "requires the arresting authorities to advise all detained foreign citizens without delay of their right to contact their consulate for assistance."
 
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What?... A Spy?

Kulbhushan has killed 4 thousand (4,000) Pakistanis... and this piece of $hit Journo has no sympathy with Pakistanis this terrorist killed?. "A Spy" ? This is a a serious insult to the victims of terrorism in Pakistan.
 
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Sorry, No can do.

Read up on Vienna Convention on Consular Rights.

pakistan is a signatory to this treaty and it clearly "requires the arresting authorities to advise all detained foreign citizens without delay of their right to contact their consulate for assistance."

Wife and mother are also consular reps?
 
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LOL.... pakistan is just following the Vienna convention.

They are acting as if doing this is a big deal :lol:

Next they will be claiming that providing him with food and water in jail is a great act of charity and goodwill. Disgusting.

No Vienna conventions for spies exist.

Pakistan is just playing , Pakistan has every right to hang him for what he has done, even your allies agree. Unfortunately for Kulbhushan Jadhav he was not in a military uniform and so the Geneva convention does not apply to him nor does the guy have an American passport. The only thing that can save Kulbhushan Jadhav is for India to dig big into its pockets or relinquishing some strategic position and pay the price for a fair cop.

Israel
Israel’s Manual on the Laws of War (1998) states:
The spy does not meet the conditions required of a legal combatant (since he is assimilated in the civilian population) and thus is not entitled to the prisoner-of-war’s immunity against being tried. Therefore, a state that captures a spy is allowed to bring him to trial in accordance with its own internal laws, an offense that is generally punishable by a long prison sentence or even death … A spy who has succeeded in completing his mission and returning to his army is once again entitled to legal combatant status.

United States of America
The US Military Commissions Act (2006), passed by Congress following the Supreme Court’s decision in Hamdan v. Rumsfeld in 2006, amends Title 10 of the United States Code and, inter alia, provides the penalty for “spying”: “Any person subject to this chapter who [commits the offense of spying] … shall be punished by death or such other punishment as a military commission under this chapter may direct.”
fnIcon.gif

United States of America
The US Military Commissions Act (2009) amends Chapter 47A of Title 10 of the United States Code as follows:
Ҥ 950t. Crimes triable by military commission
“The following offenses shall be triable by military commission under this chapter at any time without limitation:

“(27) SPYING.—Any person subject to this chapter who, in violation of the law of war and with intent or reason to believe that it is to be used to the injury of the United States or to the advantage of a foreign power, collects or attempts to collect information by clandestine means or while acting under false pretenses, for the purpose of conveying such information to an enemy of the United States, or one of the co-belligerents of the enemy, shall be punished by death or such other punishment as a military commission under this chapter may direct

https://ihl-databases.icrc.org/customary-ihl/eng/docs/v2_rul_rule107_sectionb
 
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giving no access to media something is fishy on Indian side.....appears his time is near maybe this is the fulfillment of the last wish

LOL.... pakistan is just following the Vienna convention.

They are acting as if doing this is a big deal :lol:

Next they will be claiming that providing him with food and water in jail is a great act of charity and goodwill. Disgusting.

wife and mother do not count as coucillor
this is just a goodwill gesture from our side no example exists in history where a terrorist and spy has been given leisure to meet his family
 
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He will be exchanged but may be after few years. Let the dust settle first.
As for rest, pakistanis are free to blame KY for anything in their kangaroo military courts.

array mian kiya nautanki laga rakhi hai, If KY is so innocent and your Govt have the guts take him now ask your daddy USA to help you, why crying, begging kissing *** for meetings, counselor access ...Diyalo Pakistan ne reham kha kay milwa diya shukar karo.....cant get your monkey back crying waiting for few years, letting dust settle....all signs of weakness...Sushma aur Modi ne G@nd mara kay Biwi aur maa ki meeting karwai hai..
 
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Just my personal opinion and I know it doesn't count for shit, but I think they should release him.
Sorry, No can do.

Read up on Vienna Convention on Consular Rights.

pakistan is a signatory to this treaty and it clearly "requires the arresting authorities to advise all detained foreign citizens without delay of their right to contact their consulate for assistance."


Article 36 of the VCCR only deals with communication and contact with nationals of the sending state it does not impact convictions for espionage under domestic or international law at all.

Further, Pakistan is a dualist state, wherein any international treaty signed can only be given effect domestically once it has been codified in the corpus of domestic laws through implementing legislation. Consular access has not been a right explicitly guaranteed under the Diplomatic and Consular Privileges Act, 1972.

Furthermore regarding Geneva Convention IV:

Article 5 of the 1949 Geneva Convention IV provides: “Where in occupied territory an individual protected person is detained as a spy … such … [person] shall nevertheless be treated with humanity, and in case of trial, shall not be deprived of the rights of fair and regular trial prescribed by the present Convention.”

While such a person must, as per Article 5, be treated with humanity and has the right to a fair trial, there is nothing under IHL which prevents an individual from being sentenced to death for espionage.

IHL also draws a clear distinction between those engaged in hostilities and those engaged in espionage. This principle is enshrined in Additional Protocol I (AP I) to the Geneva Conventions, reflecting a long-established principle of international law present in earlier international legal instruments.

Combatants who adhere to IHL principles are, if captured, immune from prosecution for acts committed while engaging in hostilities.

This, however, does not apply to those engaged in espionage: as per Article 46(1) of AP I any member of the armed forces of a party to the conflict who falls into the power of the other party while engaging in espionage shall not have the right to the status of prisoner of war and may be treated as a spy.

Instead, the requirements under Article 75 of AP I are for humane treatment and a fair trial. In this light, therefore, Pakistan is well within its rights to try and sentence Jadhav under its domestic laws for committing espionage.

While Jadhav’s activities were hostile acts, inimical to Pakistan’s national security and stability, even if one were to assume that the peacetime regime of international law applied, India’s claims before the ICJ would remain problematic. India’s declaration to the compulsory jurisdiction of the ICJ under Article 36(2) of the ICJ statute ousts the jurisdiction of the court on matters relating to actions taken in self-defence or in resistance to aggression.

Precedent: Medellin v. Texas

Pakistani Constitution - Third Amendment:

1.
Short title and commencement
(1) This act may be called the Constitution (Third Amendment) Act, 1975.

(2) It shall come into force at once.

2. Amendment of Article 10 of the Constitution.
In the Constitution of the Islamic Republic of Pakistan hereinafter referred to as the Constitution, in Article 10-
(a) in clause (4), for the words "one month" twice occurring the words "three months" shall be substituted;
(b) in clause (5), for the words and comma "as soon as may be, but not latter than one week" the words "within fifteen days" shall be substituted; and
(c) in clause (7), in the proviso, after the word "enemy" the commas and words ", or who is acting or attempting to act in a manner prejudicial to the integrity, security of defense of Pakistan or any part thereof or who commits or attempt to commit any act which amounts to an anti-national activity as defined in a Federal Law or is a member of any association which has for its object, or which indulges him, any such anti-national activity" shall be substituted;

3. Amendment of Article 232 of the Constitution.
In the Constitution, in Article 232, in clause (7), for paragraph (b) the following new clause shall be substituted, namely--
"(b) shall, subject to the provisions of paragraph (a) cease to be in force upon a resolution disapproving the proclamation being passed by the votes of the majority of the total membership of the two Houses in joint sitting."

Personally and this is just my opinion and doesn't matter for shit, but I do hope he is spared!
 
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you have our guy( if he is a spy),we will have yours. Its your habit to have daddies and change daddies after few decades. Firstly you had U.S now china. You used to clean laundry of U.S now you will do for china.

Gaand maarne ke liye kuch chaiye and you lost it long time ago. You are nothing more than a nation which is used one by one by big powers. Now go for sleep.

abby Ch$tia 1000 saal tum logoon ki mari hai, abhi tak dekho you are cring with pain....we used all these Mudda F@ckers you call your daddy and now you pickup when we throw away $hit USA etcc....you Indians were our slaves and will remain....wake up and smell teh coffee...
 
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