Kulbhushan Jadhav: India’s Request For ‘Acquittal, Release And Return’ Turned Down By ICJ
HAGUE: The International Court of Justice on Wednesday affirmed Kulbhushan Jadhav’s right to consular access and notification but rejected Indian plea to repatriate Jadhav. The court has directed Pakistan to provide effective review and reconsideration of his conviction and sentence. The court has also upheld Pakistan’s right to try Jadhav including the jurisdiction of the military court.
“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, ICJ Reports 2017, p 246, para 61(I)),” the verdict read.
“The Court considers that a continued stay of execution constitutes an indispensible condition for the effective review and reconsideration of the conviction and sentence of Mr Jadhav,” said the ICJ.
The verdict said, “147. 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 violations of the rights set forth in Article 146 of the Vienne Convention, taking account of paragraphs 139, 145 and 146 of this Judgment.”
About its jurisdiction, the judgment read that the Court unanimously found 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 8 May 2017.”
The ICJ rejected the objections raised by Pakistan by 15 votes to one to admissibility India application and declared it admissible.
Meanwhile, the verdict – by 15 votes to one – also said that Pakistan breached the Vienna Convention on Consular Relation by not informing Jadhav “without any delay of his rights under Article 36, paragraph 1(b)”.