New Delhi: The verdict on Kulbhushan Jadhav’s case is to be delivered by the ICJ today at 6.30 PM. Here’s all you need to know about the case:
On May 8, 2017, India turned to the International Court of Justice in relation to violations by Pakistan of the Vienna Convention on Consular Relations, 1963, in the matter of arrest, detention and trial of Jadhav.
It pleaded that Pakistan should have notified India when it arrested Jadhav. It asked for Jadhav’s free communication and also free access to the Indian consular officer.
Jadhav was “arrested” on March 3, 2016, but the Indian High Commissioner in Islamabad was informed only on March 25, 2016. Pakistan is yet to explain why it took three weeks to inform the Indian High Commission.
India said that Jadhav’s trial and sentence by Pakistan’s military court were based on “confession taken under custody”, making it defiance of the rights and protections provided under the Vienna Convention and the International Law, including ICCPR.
Under the International Covenant on Civil and Political Rights (ICCPR), one is allowed a fair and impartial trial, in which the accused is represented by a lawyer of his choice.
India also pointed out that using a military court for trying a civilian violates the due process standards. The trial of foreign national civilians by military courts is also violative of the ICCPR.
Pakistan has argued that there is an exception to the rights under the 36 of Vienna Convention suggesting that these rights are not to be made available to an individual against whom there is a prima facie case of “espionage”.
India has said that Jadhav was a civilian who was kidnapped and moved to Pakistan by armed groups.