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Asian Tribune is published by World Institute For Asian Studies|Powered by WIAS Vol. 12 No. 2041

UN court rules in favor Kulbhushan Jadhav death sentence case

The Hague, 19 May, (Asiantribune.com):

The International Court of Justice (ICJ) at The Hague today stayed the execution of Kulbhushan Jadhav.

Ten days after India approached The Hague-based International Court of Justice demanding an immediate suspension of the death sentence given to former Indian Navy officer by a Pakistani military court, UN's top court pronounced its verdict yesterday staying the execution of Kulbhushan Jadhav by Pakistan.

In an emergency hearing swiftly organized on 15 May, counsels for New Delhi had urged the court to halt the execution of Jadhav.

India has denied Jadhav was a spy, and 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. Jadhav was "an innocent Indian national, who, incarcerated in Pakistan for more than a year on concocted charges ... has been held incommunicado... and faces imminent execution," lawyer Deepak Mittal told the tribunal.

But Pakistani representatives accused New Delhi of "political grandstanding" and told the court Jadhav "has confessed to having been sent by India to wage terror on the innocent civilians and infrastructure of Pakistan".

Kulbhushan Jadhav was arrested in the southwestern province of Balochistan last year and Pakistani officials claimed he had confessed to spying for Indian intelligence services RAW.

Jadhav was convicted by a Pakistan military court on charges of espionage and subversive activities and sentenced to death.

In the meantime, yesterday a 11-judge bench of the International Court of Justice stayed the execution of Indian national Kulbhushan Jadhav by Pakistani military court until further notice, while observing that prima facie the Vienna Convention will apply in the Kulbhushan Jadhav case.

“The decision to stay Jadhav’s execution pending ICJ hearing is unanimous,” said ICJ President Ronny Abraham.

The bench also observed that the 150-day period for clemency given by Pakistan, which ends in August suggests execution can happen immediately thereafter. The court further said, “It considers that the mere fact that Mr. Jadhav is under a death sentence and might therefore be executed is sufficient to demonstrate the existence of a risk of irreparable prejudice to the rights claimed by India.”

The court yesterday pronounced its verdict on India’s plea seeking provisional measures restraining the execution of Jadhav by Pakistan. India had, last Monday, moved the court seeking immediate measures by the top court, in effect a stay, against the death sentence.

The UN Court virtually snubbed Pakistan by pronouncing that no execution will take place before the final decision.

- Asian Tribune -

UN court rules in favor Kulbhushan Jadhav death  sentence case
Kulbhushan Jadhav
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