UN not in position to judge Kulbhushan Jadhav's case, says world body spokesman

[abrar khan]

The United Nations on Wednesday declined to comment on the death sentence handed to convicted Indian spy Kulbhushan Jadhav and said the world body was not in a position to judge the case.

“We are not in a position to judge the process or to have a position on this particular case,” the UN secretary general's spokesman, Stephane Dujarric, said in response to a question from an Indian journalist at the regular noon press briefing.

The spokesman called for a dialogue between Pakistan and India, following heightened tensions between the two countries after Jadhav’s sentencing.

“Overall in terms of relations between India and Pakistan, we underline and continue to underline the need for the parties to find a peaceful solution and to engage through engagement and dialogue,” the spokesman added.

On Tuesday, Defence Minister Khawaja Mohammad Asif ruled out immediate execution of the convicted Indian spy and said three appellate forums are available to Jadhav under the law.

Jadhav's arrest and trial
Jadhav was arrested on March 3, 2016, through a counter-intelligence operation in Balochistan's Mashkel area for his involvement in espionage and sabotage activities against Pakistan, the Inter-Services Public Relations (ISPR) said in a statement on Monday.

Although the accused had been provided with a defending officer as per legal provisions, according to ISPR, Pakistan had turned down India's request seeking consular access to Jadhav last year due to his involvement in "subversive activities" in the country.

Jadhav was tried by the FGCM under Section 59 of the PAA and Section 3 of the official Secret Act of 1923, the statement said.

Jadhav confessed before a magistrate and court that he was tasked by Indian spy agency Research and Analysis wing to plan, coordinate and organise espionage and sabotage activities seeking to destabilise and wage war against Pakistan through impeding the efforts of law enforcement agencies for the restoration of peace in Balochistan and Karachi, the ISPR said.

Following the announcement, India summoned Pakistan's High Commissioner to New Delhi Abdul Basit on Monday and handed over a demarche saying, "If this sentence against an Indian citizen, awarded without observing basic norms of law and justice, is carried out, the government and people of India will regard it as a case of premeditated murder."

Dawn reported that Jadhav now has 40 days to file an appeal against the FGCM in the army’s court of appeal, according to retired Col Inamur Rahim, a military law expert.

In case the appeal court upholds the FGCM verdict, Jadhav would have the opportunity to seek mercy from the army chief and the president of Pakistan.

Simultaneously, Col Inam said, the convict could approach a high court if he felt that due process was not observed during his trial and his fundamental rights as an accused were not fulfilled.

Experts view the military's announcement about Jadhav's trial and prosecution as an unprecedented move, viewing it as a strong message to India as well as other foreign intelligence agencies.
https://www.dawn.com/news/1326571/u...hushan-jadhavs-case-says-world-body-spokesman

 

[Mrc]

Holy.......

Give him a brahmos

 

[Hassan Guy]

We are and we have, well...I guess that settles that.

 

[Max]

 

[Taimoor Khan]

“We are not in a position to judge the process or to have a position on this particular case,” the UN secretary general's spokesman, Stephane Dujarric, said in response to a question from an Indian journalist at the regular noon press briefing."

These indians are destroying their meticulously developed narrative spanning for years that Pakistan has been a terror sponsor state when they so openly and uncontrollably supporting a jet black Indian terrorist internationally.

 

[abrar khan]

Pakistan's High Commissioner to India Abdul Basit defended the death sentence given to Indian spy Kulbhushan Jadhav by a Field General Court Martial, saying he received a fair trial, the details of which could not be made public but the Indian government was aware of "what [Pakistan] is talking about".

In an interview with India Today on Wednesday, Basit said that Jadhav was "not an ordinary man. He was a serving [Indian navy's] officer," which is why he was tried in a military's court "as so many other Pakistanis have been tried before [him]".

Jadhav was arrested on March 3, 2016, through a counter-intelligence operation in Balochistan's Mashkel area for his involvement in espionage and sabotage activities against Pakistan.

The charges he faced included spying for India, working against Pakistan’s integrity, sponsoring terrorism in the country and attempting to destabilise the state.

Defending Jadhav's sentencing, the envoy to India said that Pakistan has "arrested hundreds of operatives and foot soldiers on the basis of information provided by Jadhav" ever since his arrest.

When asked why was India not allowed consular access to Jadhav despite regulations under international law, Basit said that consular access is not "automatic", especially for matters that are "sensitive and related to security".

"Consular access is not provided across the board, let us remember that," he maintained.

"We must understand Commander Jadhav had been visiting Pakistan since 2003 on an original, genuine Indian passport under a fake name of Mubarak Hussain Patel. It is for you to tell us why he was travelling under a fake name with an original Indian passport," the envoy said.

While drawing a parallel between Jadhav's trial and the trial of Ajmal Kassab ─ whom India indicted and hanged over the 2008 Mumbai attacks, Basit said, "My advice to you would be that please do not mix apples with oranges lest you draw convoluted conclusions."

He said Pakistan cannot be blamed "if the trial in the Mumbai attacks had not been fast [enough]".

Basit further said that Pakistan first submitted a dossier on Jadhav to the United Nations Secretary-General in September 2016. "That was our initial dossier and we have been able to gather more evidence [since then]," he added.

"Now that [Jadhav] has been convicted, he would have the right to appeal. If his verdict is upheld by the appellate court, then he would ultimately have the right to a [mercy] petition," the envoy confirmed, adding that Jadhav was provided a defence counsel and that his trial was conducted according to the relevant laws, the Pakistan Army Act of 1952, in the country.

 

[Devil Soul]

UN declines to take position on Yadav’s death sentence
By APP
Published: April 13, 2017
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UNITED NATIONS: A day after India called conviction of Kulbhushan Yadav in Pakistan a ‘farcical trial’, the United Nations declined to take a position on the death sentence handed to the self-confessed Indian spy.

“We are not in a position to judge the process … [and] have a position on this particular case,” UN Secretary General’s spokesperson Stéphane Dujarric said on Wednesday while responding to a question asked by an Indian journalist.

Self-confessed Indian spy awarded death sentence

When the Indian journalist drew Dujarric’s attention to heightened tensions between India and Pakistan after Islamabad announced Yadav had been sentenced to death for his role in fomenting terrorism in the country, the UN spokesperson reiterated the call for dialogue between the two South Asian neighbours.

“Overall, in terms of relations between India and Pakistan, we continue to underline the need for the parties to find a peaceful solution and to engage through dialogue,” Dujarric said.

US can play key role on Kashmir: PM

Yadav was arrested on March 3 last year during a counter-intelligence operation in the Mashkel area of Balochistan. A few weeks later, the army released his recorded confessional statement in which he admitted he had been working for India’s premier spy agency, the Research and Analysis Wing (RAW), to stoke unrest and 0instability in Pakistan, particularly in Balochistan and Karachi.

On Tuesday, India’s external affairs ministry reacted sharply to the death sentence announcement, issuing a protest to Pakistan’s High Commissioner in New Delhi Abdul Basit which said the sentence, if it were carried out, would be regarded by the government and people of India as ‘premeditated murder’. India denies Yadav was working for RAW but admits that he is a retired naval officer.

 

[abrar khan]

Sartaj Aziz, the prime minister's adviser on foreign affairs and the government's de facto foreign minister, on Friday asked the Indian government why Kulbhushan Jadhav had been using a fake name in his identity documents.

The adviser raised the question during a media briefing regarding the trial of self-confessed Indian spy Kulbhushan Jadhav, who was handed the death sentence on Monday by a Field General Court Martial for involvement in espionage and sabotage activities in the country.

After Jadhav's sentencing, India had warned Pakistan that bilateral relations between the two countries would suffer if the punishment was carried out.

Addressing the Rajya Sabha, External Affairs Minister Sushma Swaraj — Aziz's counterpart — had said that India would go out of its way to prevent the execution, calling it the "premeditated murder" of an Indian citizen.

In Friday's briefing, Aziz seemed to be addressing the Indian government's indignation.

Referring to Swaraj's addresses to the Indian parliament, Aziz said that "inflammatory statements and rhetoric of premeditated murder will only result in escalation, serving no useful purpose."

"I would like to ask India why he [Yadhav] was using a fake identity and masquerading as a Muslim," Aziz said, addressing the press.

"Why would an innocent man possess two passports — one with a Hindu name, and one with a Muslim name," he asked.

He also said India had provided no "credible explanation of why their naval commander was in Balochistan."

Jadhav is said to have been arrested in March 2016 in a counter-intelligence operation in Balochistan's Mashkel area.

The adviser condemned India's "baseless allegations" and added that the country's lack of cooperation and refusal to provide Pakistan legal assistance were the reasons Jadhav had not been granted consular access.

Aziz also reassured the media that steps had been taken to ensure transparency during the trial of the Indian spy under Pakistan's laws and the Pakistan Army Act.

The adviser said Jadhav's confessional statement had been recorded before a magistrate under Section 164 of the Criminal Procedure Code, whereas the proceedings were conducted under the Law of Evidence.

Aziz said that Jadhav was also appointed "a qualified legal officer to defend him in court proceedings."

Witnesses recorded their statements under oath in front of the accused, who was allowed to question them, Aziz said.

Aziz stated that Jadhav had been responsible for the following terrorist activities in Pakistan:

• Sponsored and directed Improvised Explosive Device and grenade attacks in Gawadar and Turbat.
• Directed attacks on the Radar station and civilian boats in the sea, opposite Jiwani Port.
• Funded subversive secessionist and terrorist elements through Hawala/Hundi for subverting the Pakistani youth against the country, especially in Balochistan.
• Sponsored explosions of gas pipelines and electric pylons in Sibi and Sui areas in Balochistan.
• Sponsored IED explosions in Quetta in 2015, causing massive damage to life and property.
• Sponsored attack on Hazaras in Quetta and Shias en route to and back from Iran.
• Abetted attacks through anti-state elements against law enforcement agencies, the Frontier Corps and Frontier Works Organisation in areas of Turbat, Punjgur, Gawadar, Pasni and Jiwani during 2014-15, killing and injuring many civilians and soldiers.

 

[Dean Winchester]

Good move by UN.
UN charter dictates that UN does not comment on bilateral issues between two nations.
Good to see that UN see all issues between India and Pakistan as bilateral incl Kashmir just as India wants

 

[NKVD]

its More Irony for Pakistan It means All there efforts of So called Name and Shame and giving dossiers Will be waste

 

[abrar khan]

Good move by UN.
UN charter dictates that UN does not comment on bilateral issues between two nations.
Good to see that UN see all issues between India and Pakistan as bilateral incl Kashmir just as India wants

only those issues which are not on UN charter

 

[Counterpunch]

Quote "Abetted attacks through anti-state elements against law enforcement agencies, the Frontier Corps and Frontier Works Organisation in areas of Turbat, Punjgur, Gawadar, Pasni and Jiwani during 2014-15, killing and injuring many civilians and soldiers." Unquote

In 2015, a friend of mine lost both his legs during a missile attack on his security convoy couple of weeks after his marriage. He for sure would be very pleased to see justice being served

 

[shahbaz baig]

why should UN even listen this matter? or interfere ?
this terrorist yadev will be hanged according to the land constitution & law
if anyone interfere in this matter it will be considered an attack on pakistan sovereignty

Good move by UN.
UN charter dictates that UN does not comment on bilateral issues between two nations.
Good to see that UN see all issues between India and Pakistan as bilateral incl Kashmir just as India wants

terrorist yadev is not disputed matter to the world but kashmir is recognized as an international disputed territory, you indians always live in a paradise of fools

 

[BHarwana]

So clearly UN considers Jadhav a terrorists.

 

[paki_rambo]

Good move by UN.
UN charter dictates that UN does not comment on bilateral issues between two nations.
Good to see that UN see all issues between India and Pakistan as bilateral incl Kashmir just as India wants

UN still has a functioning observer group on both sides of LOC ans Kashmir
UN has its reservations over state of affairs in IOK
UN considering it a bilateral issue only happens in Indian dreams

https://www.dawn.com/news/1283893
https://www.dawn.com/news/1278590