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Wednesday, December 11, 2019

Highlights of ICJ verdict in Kulbhushan Jadhav case: Key points

In a 15:1 verdict, the ICJ granted New Delhi consular access to Kulbhushan Jadhav and asked Pakistan to review and reconsider the death sentence awarded to him.

By: Express Web Desk | New Delhi | Published: July 17, 2019 9:22:38 pm

Two years and two months since India approached the International Court of Justice (ICJ) in the Kulbhushan Jadhav case, the court on Wednesday, in a 15:1 verdict, granted New Delhi consular access to the former Naval officer and asked Pakistan to review and reconsider the death sentence awarded to him.

Jadhav, 49, was arrested allegedly on March 3, 2016. He was sentenced to death on charges of espionage and terrorism in April 2017. The Indian side, however, maintained that Jadhav was kidnapped from Iran where he had business interests after retiring from the Navy and that he had no links with the government.

Highlights of the ICJ verdict in Kulbhushan Jadhav case:

* Pakistan must undertake an “effective review and reconsideration of the conviction and sentence” of Kulbhushan Jadhav

* Pakistan is under an obligation to inform Jadhav of his rights and to provide Indian consular officers access to him in accordance with Article 36 of the Vienna Convention on Consular Relations

* Pakistan ‘deprived India of the right to communicate with and have access to Kulbhushan Jadhav, to visit him in detention and to arrange for his legal representation”.

* ICJ rejects annulment of military court decision convicting Kulbhushan Jadhav, his release and safe passage to India

* It was “undisputed” fact that Pakistan did not accede to India’s appeals, says ICJ

* On Pakistan’s argument that India has failed to prove Jadhav’s nationality, ICJ said it was satisfied that the evidence before it leaves no room for doubt that Jadhav is of Indian nationality.

* There was a three-week delay in informing India about Jadhav’s arrest on March 3, 2016, leading to a “breach” of Pakistan’s obligations under the convention, the court said.

* No basis to conclude that India abused its procedural rights when it requested an indication of provisional measures in this case, ICJ said.

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