International Court of Justice tells Pakistan to review Jadhav case

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Friends of Kulbhushan Jadhav share sweets as they celebrate the verdict of International Court of Justice in Mumbai.— AP
Friends of Kulbhushan Jadhav share sweets as they celebrate the verdict of International Court of Justice in Mumbai.- AP

The Hague - Pakistan's Foreign Ministry indicated it would comply with the court's decision.

By AFP

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Published: Wed 17 Jul 2019, 10:00 PM

Last updated: Thu 18 Jul 2019, 12:16 AM

The International Court of Justice ordered Pakistan on Wednesday to review the death sentence for an alleged Indian spy, in a ruling hailed by nuclear rival New Delhi as a "complete victory".
Former Indian navy officer Kulbhushan Sudhir Jadhav was arrested in Pakistan's restive southwestern province of Baluchistan in March 2016, and the case has stoked tensions between the two countries.
Judges at the UN's top court ruled Pakistan had breached the Vienna Convention on diplomatic relations, which gives countries the right to consular access when their nationals are arrested abroad.
Pakistan's Foreign Ministry indicated it would comply with the court's decision.  "Pakistan, as a responsible member of the International community, upheld its commitment from the very beginning of the case by appearing before the honorable court for the provisional measures hearing despite a very short notice," the ministry said in a written statement. "Having heard the judgment, Pakistan will now proceed as per law."
"This is a clear, clear win for Pakistan," Pakistani Attorney-General Anwar Mansoor Khan told reporters outside the courtroom. "Pakistan has in fact been very clear from the outset that they will consider the review and reconsideration."
Meantime, Indian Prime Minister Narendra Modi tweeted that "we welcome today's verdict."
"Truth and justice have prevailed," Modi said. "Congratulations to the ICJ for a verdict based on extensive study of facts. I am sure Kulbhushan Jadhav will get justice."
The Hague-based ICJ ordered the "effective review and reconsideration of the conviction and sentence" passed on Jadhav, according to a document on the court's website.
Pakistan "deprived the Republic of India of the right to communicate with and have access to Mr Kulbhushan Sudhir Jadhav, to visit him in detention and to arrange for his legal representation", the judges said.
"A continued stay of execution constitutes an indispensable condition" for the review of the death sentence, it added. India hailed the ruling as a "complete victory".
"By ordering Pakistan to follow the Vienna Convention this is a complete victory for us. This opens up the possibility of consular access and a retrial in a civilian court," an Indian government official said.
"If Pakistan wants improved relations it should set him free and give him safe passage back to us."
There was no immediate reaction from Islamabad.
Jadhav, 48, was sentenced to death by a closed Pakistani military court in 2017 on charges of "espionage, sabotage and terrorism".
Jadhav was accused of working for the Indian intelligence services in Baluchistan, a province bordering Afghanistan, where Islamabad has long accused India of backing rebels.
In February, Pakistan's attorney-general told the ICJ that Jadhav's "unlawful activities were directed at creating anarchy in Pakistan and particularly targeted the China-Pakistan corridor."
China and Pakistan are close allies and Beijing has funded a huge port at Gwadar on the Baluchistan coast.
India insists that Jadhav was not a spy and says he was kidnapped in Pakistan.
India's lawyers told the court in February that it was a "farcical case" based on "malicious propaganda".


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