ICJ to hear India's plea against Kulbhushan Jadhav's sentencing today

Remigio Civitarese
Mag 20, 2017

India has pleaded to the ICJ to a stay on his execution till the time the global court comes to a decision in the case.

As the hearing on the Kulbhushan Jadhav's case is going on in the ICJ, TV channel CNN-News18 has confirmed Moazzam Ahmad Khan's presence inside the court. "Why is time of this court being wasted?" asked its lawyer Khawar Qureshi.

"This court has been used by Pakistan as a political theatre. That is what we said in the ICJ", Nikam told ANI. Chargesheet on Kulbhushan Jadhav was not given to India by Pakistan.

■ Kulbhushan Jadhav has neither consular access nor legal representation "even at this stage".

India claimed that the situation was grave and urgent, prompting it to approach the court "at such short notice".

India had appealed against the death sentence on May 8 alleging violation of the Vienna Convention on Consular Relations by Pakistan after its 16 requests for consular access were denied.

"Indeed, with clear from the Vienna conventions itself that there are provisions beyond article 36 that need to be considered before coming to the court with the bold assertion that the Vienna is interrelated regime", Qureshi said. These cases include Paraguay versus the United States in which the court decided that the American government needed to take steps to give rights of access of a Paraguayan national.

The trial was conducted without informing Jadhav.

Foreign policy experts feel that India has no reason to worry about the arguments put forward by Pakistan.

Deepak Mittal, one of the Indian legal team, insisted Jadhav was "an innocent Indian national, who, incarcerated in Pakistan for more than a year on concocted charges, (has been) deprived of his rights and protection accorded under the Vienna Convention".

A Pakistani official said India had been provided a copy of Jadhav's passport when he was arrested but it had been unable to explain the Muslim name.

The hearing will be carried out in two phases.

Salve said a communication from Pakistan dated May 12 didn't clarify what the charges against Jadhav were.

India was not informed of Jadhav's detention "until long after his arrest" and Pakistan "failed to inform" him of his rights, according to New Delhi. On May 9, the highest court in the United Nations gave Mr Jadhav a lease of life by putting the sentence on hold. "We will not respond in kind", Mohammad Faisal, DG south Asia and SAARC, said.

India also told the court that it has consistently said that Jadhav was kidnapped from Iran and his "confession was extracted in military custody".

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