In a major relief for India, the International Court of Justice (ICJ) on Wednesday asked Pakistan to review its conviction and sentencing of Indian national Kulbhushan Jadhav, facing execution on charges of spying.
In a major relief for India, the International Court of Justice (ICJ) on Wednesday asked Pakistan to review its conviction and sentencing of Indian national Kulbhushan Jadhav, facing execution on charges of spying.
"The Court has directed Pakistan to provide effective review and reconsideration of his conviction and sentences. ICJ has ruled in favour of India on merits, affirming Jadhav's right to consular access and notification," tweeted Reema Omer, international legal advisor, South Asi, of the ICJ.
"The Court has, however, rejected most of the remedies sought by India, including annulment of military court decision convicting Jadhav, his release and safe passage to India," she added
1. Swaraj on ICJ verdict
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Swaraj hailed the verdict calling it a great victory for India, thanking PM Modi and lawyer Dr Harish Salve. She wrote: “I wholeheartedly welcome the verdict of International Court of Justice in the case of Kulbhushan Jadhav. It is a great victory for India. I thank the Prime Minister Shri @narendramodi for our initiative to take Jadhav's case before International Court of Justice. I thank Mr.Harish Salve for presenting India's case before ICJ very effectively and successfully. I hope the verdict will provide the much needed solace to the family members of Kulbhushan Jadhav.”
2. Pak breached Article 36 of Vienna Convention
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By 15 votes to one, the court deemed that by not informing Kulbhushan Jadhav of his rights, Pakistan breached the obligations that are guaranteed under Article 36 of the Vienna Convention.
The Court has also said that Jadhav’s death sentence should remain suspended until Pakistan effectively reviews and reconsiders the conviction/sentence in light of Pakistan’s breach of Art 36(1) i.e. denial of consular access and notification pic.twitter.com/nfTbAEQ0q8
— Reema Omer (@reema_omer) July 17, 2019
What is Article 36?
Communication and contact with nationals of the sending State 1.With a view to facilitating the exercise of consular functions relating to nationals of the sending State:
(a) consular officers shall be free to communicate with nationals of the sending State and to have access to them. Nationals of the sending State shall have the same freedom with respect to communication with and access to consular officers of the sending State;
(b) if he so requests, the competent authorities of the receiving State shall, without delay, inform the consular post of the sending State if, within its consular district, a national of that State is arrested or committed to prison or to custody pending trial or is detained in any other manner. Any communication addressed to the consular post by the person arrested, in prison, custody or detention shall be forwarded by the said authorities without delay. The said authorities shall inform the person concerned without delay of his rights under this subparagraph;
(c) consular officers shall have the right to visit a national of the sending State who is in prison, custody or detention, to converse and correspond with him and to arrange for his legal representation. They shall also have the right to visit any national of the sending State who is in prison, custody or detention in their district in pursuance of a judgement. Nevertheless, consular officers shall refrain from taking action on behalf of a national who is in prison, custody or detention if he expressly opposes such action. 2.The rights referred to in paragraph 1 of this article shall be
