Kulbhushan Jadhav death sentence: India, Pakistan clash at the International Court of Justice

Source – indiatoday

The International Court of Justice (ICJ) will hold public hearings in the Kulbhushan Jadhav case today. India and Pakistan will present their cases to the ICJ over the contentious Kulbhushan Jadhav issue.

The ICJ had on May 9 stayed the death sentence to the alleged Indian spy.

The ICJ, the United Nations’ principal judicial organ, will hold a public hearing at the Great Hall of Justice housed in the Peace Palace at The Hague (the Netherlands), where India and Pakistan will be asked to present their case over the contentious Kulbhushan Jadhav issue. Senior lawyer Harish Salve is representing India at the ICJ.

A Pakistani military court had sentenced Jadhav to death last month for alleged espionage and subversive activities. Jadhav had been arrested on March 3 last year.

ICJ HEARING SCHEDULE:

Monday 15 May, 2017

10 am-11.30 am: Oral observations of India – 1:30 PM IST

3 pm-4.30 pm: Oral observations of Pakistan – 6:30 PM IST

INDIA ACCUSES PAKISTAN OF “EGREGIOUS VIOLATIONS”

India approached the ICJ on May 8 with its plea to stay Jadhav’s execution till it hears the matter and reaches a conclusion. India had accused Pakistan of “egregious violations” of the Vienna Convention on Consular Relations (VCCR), to which both India and Pakistan are signatories.

India earlier contended that it was not informed of Jadhav’s detention until long after his arrest and that Pakistan failed to inform the accused of his rights, an official release from the ICJ said.

India also said that Pakistan was denying it the consular access to Jadhav, despite its repeated requests 16 times till now.

India submitted to the ICJ that it had information that Jadhav was “kidnapped from Iran, where he was carrying on business after retiring from the Indian Navy, and was then shown to have been arrested in Balochistan” on March 3, 2016, and that the Indian authorities were notified of that arrest on March 25, 2016.

India urged the ICJ to declare the decision of Pakistan illegal and being violative of international law and treaty rights.

JADHAV ACCUSED OF ESPIONAGE

Earlier, Pakistan had claimed that Kulbhushan Jadhav, who was “a serving officer in the Indian Navy” was arrested from the Balochistan province last year for being involved in “anti-Pakistan and espionage” activities after which a military court sentenced him to death.

India has so far denied the allegations of Pakistan against Jadhav.

PAKISTAN’S EXPECTED RESPONSE AT THE ICJ

1. Pakistan will reject the case, filed by India with the ICJ, referring to a declaration submitted during March 2017, restricting ICJ to question Pakistan over cases, related to national interest. The rejection will be done through a letter delivered as response to the ICJ hearing on Kulbashan Jadhav’s conviction.

2. Pakistan will send ahead a team, formulated after closed door meetings of government officials with Attorney General of Pakistan to ICJ today. The team will defend the case maintaining that the verdict given against Jadhav, done under military act and law of evidence. Pakistan will also present the video confessional statement of Jadhav, in which he confesses to his crimes of working towards actions, aimed at destabilising Pakistan.

3. Pakistan will maintain that no consular access can be given to Jadhav as per the law in Pakistan. Pakistan will also give reference to the Indian position on the Indian administered Kashmir, which Pakistan maintains, is a clear violation of human rights. Pakistan will refer to recent incidents of casualties and pellet-firing incidents, that emerged after Burhan Wani’s death, and call on the ICJ and the UN to take a position against India on that.

4. Pakistan will also emphasise and highlight incidents of cross-border firing at the Line of Control (LoC), the Indus-Water Treaty issue, the suspicion of India’s involvement in terror financing, with reference to the video statement of Ehsan Ullah Ehsan, TTP spokesperson, who surrendered to Pakistan Army recently.

5. Pakistan will also highlight concerns over growing India’s negative influence in Afghanistan, which Pakistan says is aimed at damaging Pakistan.