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Kulbhushan Jadhav Case: ICJ Confirms Violation Of Vienna Convention By Pakistan; Verdict In India’s Favour

May 18, 2017 Author: Dushyant Goswami
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The UN’s top court rules on Thursday on an urgent bid by India to stop Pakistan from carrying out death sentence to one of its nationals convicted of spying.

Lawyers for New Delhi had urged the International Court of Justice (ICJ) to halt the execution of Kulbhushan Sudhir Yadav.

The case — a rare foray for the two nations into the international courts — has highlighted the recent sharp uptick in tensions between the two nuclear-armed rivals.

The case is benched by 11-judge.

Brief of the verdict announced by Judge Ronny Abraham:

It appears that the rights invoked by India in the present case are plausible, says Judge Abraham

All parties under Vienna Convention have rights to provide consular assistance to their nationals, says ICJ

 ICJ rules it has prima facie jurisdiction to take up the case of Jadhav

The court considers that the alleged failure by Pak to provide requisite consular assistance as well as alleged failure to allow communication appear to be falling under the provisions of Vienna Convention, says Judge Abraham

Jadhav should have been given consular assistance under Vienna Convention, says Judge Abraham.

India requested consular access, says Judge Ronny Abraham

Brief look out on case:

Pakistan had sought India’s assistance in investigation, observes Judge Ronny Abraham

Yadav was arrested in Balochistan last year and Pakistani officials claimed he had confessed to spying for Indian intelligence services. He was convicted by a court martial and sentenced to death.

India has denied Yadav was a spy, and on Monday accused Pakistan of “egregious violations of the Vienna Convention” by denying him access to legal counsel and consular visits, and refusing to reveal the charge sheet against him.

 

 

 

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