India sought release of Kulbhshan Jadhav, from Pakistan prison, at ICJ
| 18-Feb-2019 |
International Court of Justice, Hague, Netherlands
Amid rising tension between India and Pakistan over the involvement of the latter in a terrorist attack on a CRPF convey, in which over 40 soldiers were martyred on Thursday, India presented its case in International Court of Justice (ICJ) for the safe release of Kulbhshan Jadhav, who is falsely implicated by Pakistan. Today, India, in ICJ, asserted that Pakistan is unable to satisfy “even the minimum standards of due process” hence, the death sentence of Kulbhushan must be annulled and he should be released from Pakistan prison. The ex-solicitor general Harish Salve, representing India, urged the ICJ to declare the continuous custody of Jadhav without consular access unlawful as per Vienna Convention and asserted that the Pakistan story over Jadhav is a rhetoric. Salve told the 15 judge court, “Jadhav’s continued custody without consular access should be declared unlawful. Jadhav’s trial by a Pakistani military court hopelessly failed to satisfy even the minimum standards of due process”.
Harish Salve, International Court of Justice, Hague, Netherlands
Espionage charges are Pakistan’s propaganda tool
Salve called that the arrest of Jadhav by Pakistan from Baluchistan in 2016 on the charges of espionage and sentenced to death is a mere propaganda tool because Jadhav went to Iraq for the purpose of business. The UN court had stayed Jadhav’s execution in May 2017 after it was approached by India. Salve said, “No credible evidence was provided by Pakistan to show his involvement in any act of terrorism. Pakistan is using this as a propaganda tool. Pakistan used the confession document as propaganda. Pakistan has disrespected the Vienna Convention”.
Pakistan violated Vienna Convention
Salve told ICJ that India sent 13 reminders to Pakistan for Indian consular access to Kulbhushan Jadhav but India had not received any positive response. He said, “In April 2016, an FIR was registered against Jadhav. In May 2016, Jadhav was interrogated and India sent reminders for consular access across May, June, and July”. India maintained that Jadhav was kidnapped by Pakistan from Iran. Salve accused Pakistan that the consular access should have been given but Pakistan neither inform Jadhav of his rights nor did it inform India about his arrest. He said “Article 36 of the Vienna Convention says that a country must be informed about the detention of its citizens but Pakistan did not inform India about his arrest. Without consular access, India has no information on what happened to Kulbhushan Jadhav in Pakistan,” he said.
Pakistan will represent its case on February 19 and both the countries are making the second round of oral arguments on February 20 and 21 respectively.