The Hague, Netherlands: The Court finds that the Islamic Republic of Pakistan, in the matter of the detention and trial of an Indian national, Mr. Kulbhushan Sudhir Jadhav, has acted in breach of the obligations incumbent on it under Article 36 of the Vienna Convention on Consular Relations.
The International Court of Justice (ICJ) rejected all other remedies sought by India, which included the annulment of the military court decision convicting Jadhav, restricting Pakistan from executing the sentence, securing Jadhav’s release and ordering his return to India.
Accompanied by English Queens counsel Barrister Khawar Qureshi, a 13-member Pakistani delegation, led by Attorney General Anwar Mansoor along with the Foreign Office’s Director General South Asia Dr Mohammad Faisal and comprising officials of the ministries of law and foreign affairs, was present in the courtroom.
The ICJ said that even though it had found Pakistan in violation of Article 36 the Vienna Convention on Consular Relations (VCCR), “it is not the conviction and sentence of Mr. Jadhav which are to be regarded as a violation of Article 36 of the Vienna Convention.”
Pakistan was ordered to immediately inform Jadhav of his rights under article 36, to grant him consular access to India, and then to re-examine the case while considering, under Pakistani law, how not to doing it before could have affected the outcome of the case.
“The Court notes that the obligation to provide effective review and reconsideration can be carried out in various ways. The choice of means is left to Pakistan,” it added. However, it stressed that, “Pakistan shall take all measures to provide for effective review and reconsideration, including, if necessary, by enacting appropriate legislation.“
Pending this decision, Pakistan has been ordered to suspend the execution of the death sentence imposed on Jadhav.
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27 September, 2019