Showing posts with label INTERNATIONAL COURT OF JUSTICE. Show all posts
Showing posts with label INTERNATIONAL COURT OF JUSTICE. Show all posts

Thursday, 18 May 2017

Kulbhushan Jadhav cannot be hanged till final verdict: ICJ tells Pakistan

Ronny Abraham

The International Court of Justice (ICJ) today stayed the execution of Indian national Kulbhushan Jadhav, who has been sentenced to death by a Pakistan military court on charges of espionage and subversive activities.

In a major boost to India, which has moved the UN's highest judicial body against the death sentence, the ICJ instructed Pakistan to take all "necessary measures at its disposal" to ensure that Jadhav was not executed pending a final decision by it.

The decision of the 11-judge bench was unanimous, ICJ President Ronny Abraham said while reading out the verdict.

The ICJ said that India should have been granted consular access to its national as per the Vienna Convention to which both countries have been signatories since 1977.

The ICJ asserted its jurisdiction over the case of the 46-year-old former Indian Navy officer while noting that the circumstances of his arrest remain disputed.

"The 150-day period for clemency given by Pakistan, which ends in August suggests that the execution can happen immediately thereafter," observed the international court in The Hague.

The ruling came three days after India and Pakistan gave their submissions in the case.

Pakistan claims its security forces arrested Jadhav from its restive Balochistan province on March 3 last year after he reportedly entered from Iran. However, India maintains that he was kidnapped from Iran where he had business interests after retiring from the Indian Navy.

Jadhav's case is the latest flashpoint in the tensions between Pakistan and India.

On May 8, India moved the ICJ against the death penalty, alleging violation of the Vienna Convention on Consular Relations. On May 9, the global court stayed the death sentence as a provisional measure.
READ MORE

Wednesday, 10 May 2017

International Court of Justice requests Pakistan govt for relief to Jadhav

File photo of former Indian naval officer Kulbhushan Jadhav who has been sentenced to death by a Pakistani military court on charges of 'espionage'

The International Court of Justice on Tuesday stayed the execution of Indian national Kulbhushan Jadhav, who has been sentenced to death by a Pakistani military court on charges of "spying".

The order by the Hague-based International Court of Justice (ICJ) came a day after India approached it against the death sentence handed down to Jadhav by Pakistan's Field General Court Martial last month, official sources said.

India, in its appeal to the ICJ, accused Pakistan of "egregious" violations of the Vienna Convention on Consular Relations and asserted that Jadhav was kidnapped from Iran where he was involved in business activities after retiring from the Indian Navy but Pakistan claimed to have arrested him from Balochistan on March 3, 2016.

Reacting to the development, External Affairs Minister Sushma Swaraj said, "I have spoken to the mother of Kulbhushan Jadhav and told her about the order of President, ICJ under Art 74 Paragraph 4 of Rules of Court."

Swaraj said senior advocate Harish Salve was representing India before the ICJ in the Jadhav case.

ICJ President Ronny Abraham has reportedly written a letter to Pakistan government, asking it to act in such a way which would enable the implementation of any order the ICJ may issue in the case.

Down under, ‘King’ Kohli is thunder: Why Aussies are going gaga over Virat

The Indian skipper’s exploits apart, the broadcasters may have little choice: With local stars Smith and Warner banned, they might grab so...