Jadhav Case: Pakistan Violated Vienna Convention, Military Court Verdict Should Be Suspended, Says ICJ
President of the Court Judge Abdulqawi Ahmed Yusuf delivers the verdict in Jadhav case
The International Court of Justice delivered on Wednesday its verdict in a case relating to Indian national Kulbhushan Jadhav, whose death sentence by a Pakistani military court based on an "extracted confession" was questioned by India.
Jadhav, 49, a retired Indian Navy officer, was sentenced to death by the Pakistani military court on charges of "espionage and terrorism" after a closed trial in April 2017. His sentencing evoked a sharp reaction in India.
President of the Court Judge Abdulqawi Ahmed Yusuf read out the verdict during a public sitting which took place at 3 pm (6.30 pm IST) on Wednesday at the Peace Palace in The Hague, Netherlands.
India moved the ICJ in May 8, 2017 for the "egregious violation" of the provisions of the Vienna Convention by Pakistan by repeatedly denying New Delhi consular access to Jadhav.
Live Updates:
* The court 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;
IN FAVOUR: President Yusuf; Vice-President Xue; Judges Tomka, Abraham, Bennouna, Cançado Trindade, Donoghue, Gaja, Sebutinde, Bhandari, Robinson, Crawford, Gevorgian, Salam, Iwasawa;
AGAINST: Judge ad hoc Jillani
* "The court 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."
* The Court recalls that it indicated a provisional measure directing Pakistan to take all measures at its disposal to ensure that Mr. Jadhav is not executed pending the final decision in the present proceedings (Jadhav (India v. Pakistan), Provisional Measures, Order of 18 May 2017, I.C.J. Reports 2017, p. 246, para. 61 (I)). The Court considers that a continued stay of execution constitutes an indispensable condition for the effective review and reconsideration of the conviction and sentence of Mr. Jadhav: Text from ICJ verdict
* To conclude, the Court finds that Pakistan is under an obligation to provide, by means of its own choosing, effective review and reconsideration of the conviction and sentence of Mr. 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 Vienna Convention, taking account of paragraphs 139, 145 and 146 of this Judgement: Text from ICJ verdict
* "ICJ has ruled in favour of India on merits, affirming Jadhav’s right to consular access and notification. The Court has directed Pakistan to provide effective review and reconsideration of his conviction and sentences," tweets Reema Omer, International Legal Advisor, South Asia, International Commission of Jurists
* I wholeheartedly welcome the verdict of International Court of Justice in the case of Kulbhushan Jadhav. It is a great victory for India. I thank the Prime Minister Narendra Modi for our initiative to take Jadhav's case before the International Court of Justice. I thank Mr Harish Salve for presenting India's case before ICJ very effectively and successfully. I hope the verdict will provide the much needed solace to the family members of Kulbhushan Jadhav: Former Minister of External Affairs Sushma Swaraj
* ICJ says conviction of Jadhav by a military court in Pakistan should be suspended
* ICJ President dismisses Pakistan's objections that India's application should not be entertained on grounds of "abuse of process"
* India's application of violation of Vienna Convention of Consular Relations by Pakistan is admissible and that it has jurisdiction under article 1 of Optional Protocol
* resident of the Court Judge Abdulqawi Ahmed Yusuf starts reading out the verdict
* India’s lead counsel on the Jadhav case Harish Salve will be doing a press briefing at High Commission of India on the matter, London at 4 pm GMT (8:30 pm IST).
1. 'Egregious Violation' of Vienna Convention By Pakistan
The verdict in the high-profile case comes nearly five months after a 15-member bench of ICJ led by Judge Yusuf had reserved its decision on February 21 after hearing oral submissions by India and Pakistan. The proceedings of the case took two years and two months to complete.
India moved the ICJ in May 8, 2017 for the "egregious violation" of the provisions of the Vienna Convention by Pakistan by repeatedly denying New Delhi consular access to Jadhav.
2. India's Case In ICJ
A bench of the ICJ, which was set up after World War II to resolve international disputes, on May 18, 2017 had restrained Pakistan from executing Jadhav till adjudication of the case.
A four-day public hearing in the high-profile case took place in February amidst heightened tensions between India and Pakistan following one of the worst terror attacks in Jammu and Kashmir by Pakistan-based Jaish-e-Mohammed terror group that killed 40 CRPF soldiers on February 14.
During the hearing in ICJ, both India and Pakistan submitted their detailed pleas and responses.
India based its case on two broad issues -- breach of Vienna Convention on consular access and the process of resolution.
Harish Salve, who was representing India in the case, questioned the functioning of Pakistan's notorious military courts and urged the top UN court to annul Jadhav's death sentence, which is based on an "extracted confession".
3. Consular Access Denied
In his submission in the ICJ on the last day of the hearing, Pakistan's counsel Khawar Qureshi said, "India's claim for relief must be dismissed or declared inadmissible." Pakistan claims that its security forces arrested Jadhav from restive Baluchistan province on March 3, 2016 after he reportedly entered from Iran.
However, India maintains that Jadhav was kidnapped from Iran where he had business interests after retiring from the Navy.
Pakistan had rejected India's plea for consular access to Jadhav at the ICJ, claiming that New Delhi wants the access to get the information gathered by its "spy".
However, Pakistan facilitated a meeting of Jadhav with his mother and wife in Islamabad on December 25, 2017.
4. Who Are The ICJ Judges Deciding Jadhav's Fate
The International Court of Justice (ICJ) is the principal judicial organ of the United Nations. It was established by the United Nations Charter in June 1945 and began its activities in April 1946.
The Court is composed of 15 judges elected for a nine-year term by the General Assembly and the Security Council of the United Nations. While all 15 judges sat and heard the arguments presented by India and Pakistan, there was also an ad hoc judge nominated by Islamabad.
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