Harish Salve to ICJ in Kulbhushan Jadhav Case

Team SoOLEGAL 19 Feb 2019 12:40pm

Harish Salve to ICJ in Kulbhushan Jadhav Case

In the very famous case of Kulbhushan Jadhav, India had approached the International Court of Justice against the order of Pakistan executing his death sentence on espionage charges.

On 18th February 2019 Senior Advocate Harish Salve submitted before the ICJ that the main issue is whether Pakistan has violated its obligations under Article 36 of Vienna Convention on Consular Relations 1963 in the way of refusing access to Jadhav during his detention.

He submitted that

1.    As per Article 36 of the Convention, when a country arrests the citizens of another country, the latter should be informed about the same. But, Pakistan did not do so.

2.    It was the obligation of Pakistan to give consular access. But, Pakistan failed to comply with this obligation also.

3.    Article 36 ensures consular access to foreign nationals who are on trial in a foreign Court. This provision has also been violated by Pakistan.

4.    There is no disclosure by Pakistan of the judgment convicting Jadhav.

5.    No valid charges stand against Jadhav and the case lacks merits

6.    A foreign detainee has a right to life, fair trial, and impartial judiciary. The process adopted by Pakistan is not transparent and it has caused the death of 161 civilians.

In the words of Harish Salve,

"Pakistan's conduct doesn't inspire confidence that Jadhav can get justice there. Pakistan has in custody an Indian national who has been publicly portrayed to be a terrorist and Indian agent creating unrest in Balochistan. Pakistan used Jadhav to build a narrative against India, a pawn to further their propaganda.

"India submits that Pakistan has egregiously violated Article 36 of the Vienna Convention and demands that Jadhav is released forthwith."

Submission of arguments by Pakistan is scheduled for today.

Tagged: ICJ   kulbhushanjadhav   pakistan   harishsalve  
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