The International Court of Justice on Wednesday trashed out the Indian plea seeking repatriation of Kulbushan Jadhav— affirming Pakistan’s stance that Jadhav is an RA&W sent spy to Pakistan who was involved in spreading espionage and terrorism.
Furthermore, the ICJ maintained that the conviction and sentence of Kulbhushan Jadhav were not to be regarded as a violation of Article 36 of the Vienna Convention
However, ICJ upheld India’s stance of consular access to Kulbhushan Jadhav and called on Islamabad to review and reconsider his conviction and sentence.
According to the ICJ, Pakistan deprived India the right to communicate and have access to Kulbhushan Jadhav, to visit him in detention and to arrange for his legal representation and thereby breached the obligations under Article 36, paragraph 1 (a) and (c), of the Vienna Convention on Consular Relations.
Article 36 states that foreign nationals who are arrested or detained be given notice without delay of their right to have their embassy and consulate be notified of the arrest and have consular officers visit them.
“Islamic Republic of 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 in accordance with Article 36 of the Vienna Convention on Consular Relations,” read the verdict.
Commander Jadhav — an Indian Navy officer working for Indian covert agency Research and Analysis Wing (RAW) — was arrested on March 3, 2016, from Balochistan after he entered into Pakistan from Iran.
Jadhav was tried in a military court which sentenced him to death for espionage and subversive activities.