The International Court of Justice acknowledged that it had jurisdiction under Article I of the Optional Protocol, concerning the Compulsory Settlement of Disputes to the Vienna Convention on Consular Relations of 24 April 1963, to entertain the Application filed by the Republic of India. Also, it held that the jurisdiction was based on interpretation of Article 36 of the VCCR, and not based on the claim by India, that Pakistan’s military court Judgment violated the International Law.
Kulbhushan Jadhav is an Indian National, who is said to have retired from the Indian Navy, and was doing business in Iran. According to the letter submitted by India to ICJ, it was claimed that he was kidnapped from Iran, and taken to Baluchistan where he was arrested. He is said to have been arrested because of espionage and terrorism on March 3, 2016, and was informed to India only on 25th March. The Pakistan military court has sentenced him to death for the same. India, led by Counsel Harish Salve, accused Pakistan of violating Article 36 of the Vienna Convention on Consular Relations, 1963, as Pakistan failed to inform them of Jadhav’s detention until long after his arrest in the International Court of Justice.
Further, the court directed Pakistan to allow India consular access to Kulbhushan Jadhav and held that Pakistan violated Article 36 of the Vienna Convention on Consular Relations, 1963 by not allowing India consular access following Jadhav's arrest. Indian also claimed a sought of suspension of Death sentence awarded by the Pakistan military court, and order from restraining Pakistan for giving effect to the death sentence. It also pleaded the International Court of Justice to grant interim relief by declaring the sentence violative of Article 36 of the Vienna Convention and Article 14 of the International Covenant on Civil and Political Rights (ICCPR) and sought the release of Jadhav. The President of the International Court of Justice Abdulqawi Ahmed Yusuf pronounced the unanimous verdict with 15 judges concurring and one dissenting opinion for reconsideration of the conviction, and death sentence awarded to Mr Kulbhushan Jadhav.
Tags : #Legal