Stating Pakistan's allegations baseless, India appeals ICJ to direct Kulbhushan Jadhav's release

Hague, February 18: “Pakistan has raised host of issues that have no relevance to the case. It is bound to give consular access to India without any further delay. Pakistan did not disclose the date of detention and no documents of Jadhav's trial were provided to India. Jadhav’s continued custody without consular custody should be declared unlawful”, appealed Harish Salve, representing India at International Court of Justice in the Hague citing the case against Pakistan.

 

India is appealing for consular access to former Indian Navy officer Kulbhushan Jadhav as he was sentenced to death by a military court in Pakistan on grounds of espionage. After India’s first round of oral arguments at the ICJ, Pakistan will be given an opportunity on February 19 to present its argument. Both the countries will then make the second round of oral arguments on 20th and 21st February respectively.

“Pakistan offered to allow Jadhav's family to visit him. The terms were agreed and the meeting was held on December 25, 2017. India was dismayed at the manner in which the meeting with Jadhav's family was conducted. India wrote a letter on December 27, 2017 marking its protest. Jadhav’s purported confession clearly appears to be persuaded. India reminded Pakistan that it is Pakistan government which has not ratified SAARC convention on legal assistance in criminal matters”, added Salve while representing India.

Pakistan's allegations are disrespectful and baseless as the confession was aired even before the enforcement had begun a trial or so much as an FIR was filed in the case. Pakistan's conduct of attempting to play a doctored tape of confession in these proceedings are for propaganda and Pakistan is abusing its rights in this case, he said.

India has always offered consular access to Pakistan even when its citizens have been caught red-handed in acts of terrorism. It is another matter that Pakistan has never availed of the same. Despite repeated attempts by India to sign a treaty for mutual legal assistance, Pakistan has refused. The reason is that there are several pending cases that involve terrorism,” Salve added.

Pakistan has not provided any explanation for not providing consular access to Jadhav, alleged Salve while stating the article 30, 36, 14,13 and 73(2) of the Vienna Convention on the Law of Treaties. The Vienna Convention on Diplomatic Relations of 1961 is an international treaty that defines a framework for diplomatic relations between independent countries. “Pakistan also did not provide credible evidence and failed to disclose specific offences in the Jadhav case. Pakistan embarrassed to disclose charges against Jadhav, misusing the ICJ for propaganda”, he alleged further before the 10 judged bench.

“Jadhav's trial by military court hopelessly fails to satisfy even minimum standards of due process and should be declared unlawful”, Salve said reiterating the fact that Pakistan is embarrassed to disclose the judgment in the case, the charges against Jadhav, and the evidence. The story has always been strong on rhetoric and weak on facts, he asserted.

The defender argued in the court that Pakistan not apprising Kulbhushan Jadhav of his rights are violative of the Vienna Convention. He asserted that since Pakistan is one of the States which exercise death penalty to foreign nationals, the State should make sure that the foreign national should be told his rights and allowed consular access since death penalty is irreparable. He also invoked International Human Rights to protect Jadhav who has been detained in Pakistan. “Considering the trauma he has been subjected to over the past three years, it would be in the interest of justice of making human rights a reality, to direct his release”, he said.

Pakistan claims that its security forces arrested Jadhav from restive Balochistan province on March 3, 2016 after he reportedly entered from Iran. However, India maintains that Jadhav was kidnapped from Iran where he had business interests after retiring from the Navy. Jadhav’s sentencing had evoked a sharp reaction in India. Pakistan had rejected India’s plea for consular access to Jadhav at the ICJ, claiming that New Delhi wants the access to get the information gathered by its “spy”. However, Pakistan facilitated a meeting of Jadhav with his mother and wife in Islamabad on December 25, 2017.