India seeks suspension of Jadhav sentence at ICJ
THE HAGUE: India on Monday demanded the immediate suspension of Kulbhushan Jadhav’s death sentence, expressing fears that Pakistan could execute him even before the hearing at the International Court of Justice (ICJ) was over.
India’s forceful submission was made as the ICJ began hearing the case of the 46-year-old former Navy officer who was arrested on March 3 last year and sentenced to death by a Pakistani military court on charges of espionage and subversive activities.
Battling Pakistan in the UN’S highest judicial body, India said the situation was grave and urgent, prompting it to approach the court “at such short notice”.
“Jadhav has not got the right to get proper legal assistance and the right to consular access. There is an immediate threat to him to be executed even before a decision is passed,” joint secretary in the Ministry of External Affairs Deepak Mittal told the court in opening remarks.
Eighteen years after the two neighbours last faced off at the ICJ -- when Islamabad sought its intervention over the shooting down of its naval aircraft -- India took up the issue of consular rights to its national and accused Pakistan of violating the Vienna convention and conducting a “farcical trial” without a “shred of evidence”.
“The execution of the death sentence cannot be done while this court is hearing the appeal. Else, it will be a violation of the Vienna Convention,” lead attorney Harish Salve said.
The urgent hearing comes after the ICJ last week stayed Jadhav’s execution. While India presented its argument over 90 minutes, Pakistan, which claims that Jadhav is an agent of India’s external intelligence agency Research and Analysis Wing (RAW), gets its turn later in the day.
Pakistan had denied India its 16 requests for consular access, Salve said. “The graver the charges, the greater the need for continued adherence to the Vienna Convention. Jadhav has been in judicial custody without any communication with his family,” he said.
The rights of Article 36 of the Vienna Convention on Consular Relations are sacrosanct, Salve said, citing the International Covenant on Civil and Political Rights (ICCPR) that recognises that no one can be arbitrarily deprived of their lives.
India wants ICJ to annul Jadhav’s death sentence and for Pakistan to ensure that no action is taken that may prejudice the rights of India or of Jadhav.
Pakistan on Monday told the International Court of Justice (ICJ) that the Vienna Convention provisions on consular access were not intended for a “spy” involved in terror activities.
India’s application on Jadhav, who was arrested in March last year and sentenced to death by a Pakistani military court on charges of espionage and subversive activities, was “unnecessary and misconceived” and must be dismissed, Pakistan told the ICJ.
THE HAGUE: The International Court of Justice (ICJ) denying permission to Pakistan to play a “confessional” video of Kulbhushan Jadhav during the public hearing on Monday was a setback for Islamabad, India’s lead attorney Harish Salve said.
During the hearing, Pakistan had sought permission to play the purported video of Jadhav admitting he was a “spy” to support its allegations that retired Navy officer was sent by India to carry out espionage activities and was arrested from the restive Balochistan province.
But the ICJ denied permission to the Pakistani side.
Asked whether it was a setback for Pak, Salve said, “Obviously.”
“If you want to show something and it helps your case if you are denied that right, it’s a setback. So, in that sense, yeah! They wanted to show it and that opportunity was taken away,” he told a news channel.
“They did not allow it. We objected and the court felt it was not appropriate,” he said.
Salve also criticised the Pakistani delegation’s submission to the ICJ that India has not proved Jadhav was an Indian. He said they contradicted themselves at the court.
“The one comment I couldn’t resist is that he (Jadhav) was an Indian spy, but the lawyer said that we have not proved that he was an Indian national. I don’t know where they are coming from on that,” he said. “Here, the allegation is that he is an Indian spy trained in India, but then the lawyer also made the point that India has not proved his nationality. So, anyway, this is a kind of contradiction,” he said.
The lead Indian attorney said he doesn’t believe the verdict in the case will take long “because of the note on which it ended today (Monday).”
The ICJ on Monday heard both the sides during the hearing. India has demanded immediate suspension of Jadhav’s death sentence, expressing fears that Pakistan could execute him even before the hearing at the ICJ concludes.
On May 8, India had moved the ICJ against the death penalty given to Jadhav by a Pakistan military court, alleging violation of the Vienna Convention on Consular Relations.
Eighteen years after the two neighbours last faced off at the ICJ - when Islamabad sought its intervention over the shooting down of its naval aircraft - India took up the issue of consular rights to its national and accused Pakistan of violating the Vienna convention and conducting a “farcical trial” without a “shred of evidence”.
“The execution of the death sentence cannot be done while this court is hearing the appeal. Else, it will be a violation of the Vienna Convention,” lead attorney Harish Salve said.
The urgent hearing comes after the ICJ last week stayed Jadhav’s execution. While India presented its argument over 90 minutes, Pakistan, which claims that Jadhav is an agent of India’s external intelligence agency Research and Analysis Wing (RAW), gets its turn later in the day.
Pakistan had denied India its 16 requests for consular access.