Justice Yusuf-led ICJ bench has also ordered that Pakistan must do an effective review and reconsideration of the conviction and sentence of Jadhav.
Presenting a report to the United Nations General Assembly in the Kulbhushan Jadhav case, International Court of Justice (ICJ) President Judge Yusuf in Kulbhushan Jadhav's case, said the court found that Pakistan violated its obligations under Article 36 of Vienna Convention and appropriate remedies were due in the case. The report was presented to the 193-member UN General Assembly.
Justice Yusuf-led ICJ bench has also ordered that Pakistan must do an effective review and reconsideration of the conviction and sentence of Jadhav.
Taking into account the particular circumstances of Jadhav's case, ICJ noted that Pakistan’s making of the notification about three weeks after Jadhav’s arrest constituted the breach of its obligation to inform India’s consular post "without delay", as required by Vienna Convention provisions.
In line with its earlier jurisprudence in other cases dealing with breaches of the Vienna Convention, ICJ has found that the appropriate remedy was effective review & reconsideration of the conviction and sentence of Kulbhushan Jadhav.
ICJ stressed Pakistan must ensure full weight is given to the effect of the violation of the rights set forth in the Vienna Convention and guarantee that the violation & possible prejudice caused by the violation are fully examined.
No provision in Vienna Convention containing references to cases of espionage, nor does Article 36 — concerning consular access — exclude from its scope categories of persons... suspected of espionage.
ICJ concluded Article 36 of the Vienna Convention was applicable in Kulbhushan Jadhav case.
ICJ was also called upon to interpret the meaning of the expression "without delay" in the notification requirements of Article 36 of the Vienna Convention. The court noted that it was depending on the given circumstances of a case.
Earlier in July, in a major victory for India, the International Court of Justice ruled that Pakistan must review the death sentence for Indian national Kulbhushan Jadhav, who has been sentenced to death by a Pakistani military court on charges of "espionage and terrorism".
Jadhav, 49, a retired Indian Navy officer, was sentenced to death by the Pakistani military court on charges of "espionage and terrorism" after a closed trial in April 2017. His sentencing evoked a sharp reaction in India.
A bench led by President of the Court Judge Abdulqawi Ahmed Yusuf ordered an "effective review and reconsideration of the conviction and sentence of Mr Kulbhushan Sudhir Jadhav".
The bench also ruled by 15 votes to 1 that Pakistan had violated India's rights to consular visits after Jadhav's arrest.
Pakistan "deprived the Republic of India of the right to communicate with and have access to Mr Kulbhushan Sudhir Jadhav, to visit him in detention and to arrange for his legal representation", the judges said.
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