Victory for India at ICJ; Relevant points
India scored a big victory in ICJ in case involving Kulbhushan Jadhav, who has been sentenced to death by a Pakistan’s military court on charges of Spying and espionage.
The International Court of Justice ruled that it has jurisdiction to decide India’s plea for Kulbhushan Jadhav. This was also made clear that the stay of Jadav’s execution will continue.
The court ruled that because Kulbhushan Jadhav was not informed his rights under Article 36, paragraph 1 (b), of the Vienna Convention on Consular Relations, the Islamic Republic of Pakistan breached the obligations incumbent upon it under that provision.
ICJ, acknowledged that Pakistan deprived India of the right to communicate with and have access to Mr Kulbhushan Sudhir Jadhav to visit him in detention and to arrange for his legal representation. This was taken as another instance of Pakistan breaching the obligations incumbent upon it under Article 36, paragraph 1 (a) and (c), of the Vienna Convention on Consular Relations.
Post the verdict Pakistan is under an obligation to inform Mr. Kulbhushan Sudhir Jadhav without further delay of his rights and to provide Indian consular officers access to him
Pakistan will have to provide, effective review and reconsideration of the conviction and sentence of Mr. Kulbhushan Sudhir Jadhav, so as to ensure that full weight is given to the effect of the violation of the rights as stated in Article 36 of the Vienna Convention .
Sushma Swaraj tweeted , “I wholeheartedly welcome the verdict of International Court of Justice in the case of Kulbhushan Jadhav. It is a great victory for India. I hope the verdict will provide the much needed solace to the family members of Kulbhushan Jadhav.”