Kulbhushan Jadhav case: Despite ICJ ruling, Pakistan govt denies Indian national right to appeal – Firstpost

https://www.firstpost.com/world/kulbhushan-jadhav-case-despite-icj-ruling-pakistan-govt-denies-indian-national-right-to-appeal-13881392.html

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  1. Submission statement: Despite the International Court of Justice’s (ICJ) 2019 ruling mandating Pakistan to provide Indian national Kulbhushan Jadhav with consular access and the right to appeal his death sentence, the Pakistani government has denied him this right.

    In a recent statement to the Supreme Court, Pakistan’s defence ministry claimed that the ICJ verdict only required consular access, not the right to appeal. This stance contradicts the ICJ’s directive for “effective review and reconsideration” of Jadhav’s conviction.

    Although Pakistan enacted the International Court of Justice (Review and Reconsideration) Act in 2021 to comply with the ICJ’s judgment, the government’s current position raises concerns about its commitment to international legal obligations.

  2. During a consular meeting on July 16, 2020, Indian officials were instructed not to hand over any documents to Jadhav, preventing the acquisition of a power of attorney necessary for legal proceedings. Subsequently, when India appointed a Pakistani lawyer to obtain the required documents, Pakistani authorities declined to provide them, effectively blocking the filing of a review petition.

    Pakistan has repeatedly denied India unimpeded consular access to Jadhav, a right guaranteed under the Vienna Convention on Consular Relations.

    The trial of Jadhav by a Pakistani military court has been criticized for lacking transparency and due process. India has described the proceedings as “farcical,” noting that Jadhav was denied legal representation and that the charges against him were not clearly communicated. Furthermore, Pakistan’s bar association reportedly threatened to revoke the license of any lawyer willing to represent Jadhav, effectively denying him a fair trial.

    After the ICJ’s ruling, Pakistan’s foreign office stated that it does not accept the jurisdiction of the ICJ in matters related to national security, despite the court’s clear assertion of its authority in the case.

    Pakistan claimed that Jadhav refused to file a review petition against his death sentence. However, India rejected this claim, alleging that Jadhav was coerced into foregoing his rights.

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