The International Court of Justice (ICJ) has rejected Indian plea for spy Kulbhushan Jadhav’s acquittal. The International Court of Justice announced its verdict today in The Hague on Indian petition against the death sentence awarded by a military court on espionage charges.
However, ICJ asked Pakistan to review the death sentence for Indian spy Kulbhushan Jadhav. The ICJ also granted consular access to India.
The court found that nothing in Article 36 of the Vienna Convention on Consular Relations (VCCR) precludes its applicability to persons accused of espionage. The provision basically states that when a national of a foreign country is arrested, they must be informed of the right to have their country’s consulate notified and should also have the right to regular consultation with their consulate’s officials during their detention and trial.
The court rejected Pakistani argument that Article 36 of the VCCR does not apply to people involved in espionage. Pakistan has been directed to suspend the execution of the death penalty awarded to Jadhav till it fulfills the new conditions (ensuring consular access and ‘effectively’ reviewing the case).
The ICJ, however, also rejected most of the other remedies sought by India, which included the annulment of the military court decision convicting Jadhav, his release and his return to India. It cited limitations of its jurisdiction in turning down those appeals.
The Indian navy officer working for Indian agency RAW was arrested in Pakistan´s Baluchistan province in March 2016 on the allegations of spying and harbouring terrorism.
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