All about Kulbhushan Jhadav case

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Kulbhushan jhadav

Who is kulbhushan Jhadav?

Kulbhushan  jhadav full name is kulbhushan Sudhir Jadhav, is a former Indian navy officer, who had gone to Iran because of his legitimate business interests in Chabahar after retiring from the Indian Navy ,during the stay for above purpose in Iran,  Pakistan security forces arrested Jadhav, as an Indian Research and Analysis Wing operative, from Balochistan province on 3 March, 2016 after he reportedly entered the province from Iran.

This claim of Pakistan was denied by India and argues that Pakistan abducted Kulbhushan Jadhav from Iran.

What after arrest?

Pakistan security forces claim  kulbhushan jadhav an Indian spy who was arrested from southern Baluchistan and In April 2017, a Pakistani military court called Field General Court Martial (FGCM)) consist mainly army officers of Pakistan ,sentenced him to death based on an “extracted confession” given by him.

India denied these charges and condemned the Pakistan military court FCGM verdict. India claims that after retiring from Indian Navy, Kulbhushan Jadhav had business interests in Iran from where Pakistan abducted him.

Consular access to Kulbhushan Jadhav

India demanded consular access to Kulbhushan Jadhav after he was awarded a death sentence by a military court FCGM in Pakistan. India argued that Pakistan violated the Vienna Convention and did not give any adequate representation to Kulbhushan Jadhav during the trial.

 Further Rejecting the “extracted confession” based on which he was sentenced to death.

For consular access an international treaty between both countries is Vienna Convention on Consular Relations of 1963 that defines a framework for consular relations between independent states comprises of 79 articles as clauses under the treaty.

 Vienna Convention Article 36 provides that foreign nationals who are arrested or detained should given notice without delay of their right to have their embassy or consulate notified of that arrest. 

If the detained foreign national so requests, the police should fax that notice to the embassy or consulate, which can then check up on the person. The notice to the consulate is as simple as fax, providing the person’s name, the place of arrest, and sometimes, general information about the reason for the arrest or detention.”

Consular access is a substantive provision to detained and arrested person that is intended to serve as a check on the treatment given to such persons, and also ensure that such persons are not coerced into accepting the charges proposed against them by the detaining state

Matter reaches to ICJ

The International Court of Justice at Hague is the principal court to settle dispute between two nations according to international law. When Pakistan refused to grant consular access to Kulbhushan Jadhav and provide possibility that he may be executed anytime soon, India decided to move the International Court of Justice, Hague on May 8, 2017. India said refusal for consular access had violated the Vienna Convention on Consular Relations and that Jadhav had been illegally detained.

A day later to this the ICJ put a stay on Jadhav’s death sentence. Both countries presented their arguments after the international tribunal announced there would be a public hearing in the case.

The court said India should have been given consular access to its citizen as per the Vienna Convention. It also ordered Pakistan to take all measures to ensure that kulbhushan Jadhav is not executed.

A four day public hearing was held in February 2019 India based its case on two broad issues first on a breach of Vienna Convention on consular access and second to the process of resolution. India also prayed the ICJ to annul kulbhusan Jadhav’s death sentence and order his immediate release.

ICJ VERDICT

On 17th July 2019 the International Court of Justice (ICJ) ruled in favour of India that Pakistan should “review and reconsider” Kulbhushan Jadhav’s conviction and death sentence  and also ruled that Pakistan should give the Indian government consular access to Jadhav, which Pakistan has failed to do in three years since his arrest on 3 March, 2016.

Pakistan on next day announced that it will grant consular access to the former Indian Navy officer, pursuant to the decision of the ICJ, Commander Kulbhushan Jadhav has been informed of his rights under Article 36, Paragraph 1(b) of the Vienna Convention on Consular Relations as stated by Pakistan in press release.

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