The International Court of Justice today ruled in favour to India in the case of former Navy officer Kulbhushan Jadhav who had been sentenced to death by a Pakistani Military court on charges of "espionage and terrorism". In its ruling, the Hague-based court affirmed Mr Jadhav's right to consular access and called on Pakistan to review and reconsider his conviction and sentence.
The court further said that Mr Jadhav's execution should remain suspended until Pakistan effectively reviews and reconsiders the conviction/sentence. The court also recognised Pakistan's breach of the Vienna Convention. The session today was held under the presidency of Judge Abdulqawi Ahmed Yusuf.
Kulbhushan Jadhav was arrested by Pakistan the March 2016 and accused of "espionage". A year later, a Pakistani military court sentenced him to death. A month later, India took Pakistan to the world court and Mr Jadhav's execution was stayed in May 2017. India asserts that Mr Jadhav was kidnapped from Iran, where he had business interests after retiring from the Navy. India also accused Pakistan of denying him consular access in violation of the Vienna Convention.
In December 2017, Mr Jadhav's meeting with his wife and mother was allowed by Pakistani authorities. India accused Pakistan of harassing them on their visit to Islamabad. In February, the ICJ held a four-day public hearing in the case.
Here are highlights on the Kulbhushan Jadhav case verdict:
- As a lawyer, I am delighted with this judgement. I see the judgement with a sense of relief
- It is now the moment for us to help Jadhav get justice
- The court has held that Pakistan is guilty of international wrongful acts and it must immediately stop it
- If the ICJ verdict is disobeyed, we can go through the UN sanction route. But I don't think Pakistan will go that way. At least I hope they don't
- They (Pakistan) have to allow review and reconsideration, the court has ordered
- If it's back in military court with the same rule, where outside lawyers aren't allowed, we aren't allowed, (consular) access isn't given, evidence isn't given (then) it won't meet standards
- The court has said (Pakistan) will take all measures necessary, including legislative measures
- Pakistan took 3 months to notify us. The court said that was a breach (of the Vienna convention)
The death sentence of retired navy officer Kulbhushan Jadhav, accused by Pakistan of spying, will remain on hold until Islamabad "effectively reviews and reconsiders" his conviction, the International Court of Justice (ICJ) ruled today
World Court Ruling
- "The court finds that it has jurisdiction to entertain India's claims"
- "India was under no obligation to consider other dispute settle mechanism prior to instituting proceedings. Thus Pak's objection based on alleged non-compliance cannot be upheld"
The session today is being held under the presidency of Judge Abdulqawi Ahmed Yusuf.
- Court affirmed Mr Jadhav's right to consular access
- Called on Pakistan to review and reconsider his conviction and sentence
- Court also said that Mr Jadhav's execution should remain suspended until Pakistan effectively reviews and reconsiders the conviction/sentence
