Declare Jadhav’s trial unlawful: India tells ICJ

NEWDELHI: India on Monday said the trial of Kulbhushan Jadhav by a Pakistani military court “hopelessly failed” to satisfy even the minimum standards of due process and requested the International Court of Justice to declare it “unlawful”.

India’s plea came as the top UN court began on Monday the fourday public hearing in the case of Jadhav, 48, who was sentenced to death by a Pakistani military court on charges of espionage. The case comes in the light of relations between the two neighbouring countries being at decades-old low in the wake of an attack on a convoy in Jammu and Kashmir’s Pulwama that killed 40 CRPF soldiers. It was the worst attack against Indian forces in Kashmir’s history.

India, during the first day of the hearing, based its case on two broad issues — breach of Vienna Convention on consular access and the process of resolution.

“It is an unfortunate case where the life of an innocent Indian is at risk,” ex-solicitor general Harish Salve, who was representing India, said. “Pakistan’s story is solely based on rhetoric and not facts,” he said, adding that Jadhav’s continued custody without consular access should be declared unlawful.

Jadhav’s trial by a Pakistani military court “hopelessly failed to satisfy even the minimum standards of due process,” Salve said.

No “credible evidence” was provided by Pakistan to show his involvement in any act of terrorism and Jadhav’s purported confession clearly appeared to be “coerced”, Salve said.

“There is no manner of doubt that Pakistan was using this as a propaganda tool. Pakistan was bound to grant consular access without delay,” Salve said.

“Pakistan used confession document as propaganda. Pakistan has disrespected the Vienna Convention.”

He said India had sent 13 reminders to Pakistan for consular access to Jadhav, but Islamabad is yet to accede.

Pakistan claims that its security forces arrested Jadhav from restive Balochistan 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. Jadhav’s sentencing had evoked a sharp reaction in India.

During the hearing, Salve said Pakistan filed the FIR almost a month after the arrest of Jadhav.

“In April 2016 an FIR was registered against Jadhav. In May 2016, Jadhav was interrogated, and India sent reminders for consular access across May, June, and July,” Salve says. “India reminded Pakistan for consular access — 13 reminders were sent — but to no avail,” he said.

Pakistan did not inform Kulbhushan Jadhav of his rights, he said. Salve read out the various sections and articles of the Vienna Convention under which foreign prisoners fall.

“Pakistan has not provided any evidence,” he added.