Kulbhushan Jadav's death sentence stayed

Elias Hubbard
May 15, 2017

Pakistan Defence Minister Khawaja M Asif tweeted: "Indian letter to ICJ attempt to divert attention from state-sponsored terrorism in Pakistan".

India moved the ICJ against Pakistan, accusing the latter of violating the Vienna Convention in the case of Jadhav. It remains to be seen how Pakistan reacts as its high commissioner Abdul Basit has already declared, in an interview to TOI, that Pakistan's domestic laws will take precedence over any worldwide convention in Jadhav's case. He was convicted of conducting "subversive activities" for the Indian government in Pakistan and has been sentenced to death by a Pakistani military court.

Another legal expert Sujay Kantawla explained how the punishment meted out to Jadhav was illegal, as he was denied consular access which is the basic human right under the Vienna convention. India denies Jadhav was a RAW agent but admits he was a retired naval officer.

Mutual ties and diplomatic atmosphere between Pakistan and India strained after Jadhav's sentencing, who was arrested on March 3, 2016, during an operation in Balochistan.

Baglay also said external affairs minister Sushma Swaraj had written to Pakistan foreign affairs adviser Sartaj Aziz on April 27 requesting visa for Jadhav's family.

The ICJ press statement doesn't say whether the court stayed the execution.

In a statement, Amnesty International said military courts, which were used in Jadhav's case, have been linked to coerced confessions and unfair trials.

Jadhav, an Indian national, was sentenced to death over allegations of espionage by a military court in Pakistan. India had stated that the sentence of the military court was in brazen defiance of the Vienna Convention rights under Article 36 and elementary human rights of an accused. Pakistan, however, claims to have arrested him from Balochistan.

This led to an outrage in India and other countries, which criticised Pakistan for sentencing Jadhav to death with formally informing New Delhi.

In 2013, Sarabjit Singh, an Indian man sentenced to death for spying, died after being attacked by fellow inmates in a Pakistan jail.

Bhamre also maintained that the allegations levelled against Jadhav are "baseless".

Other reports by Click Lancashire

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