Top legal eagles of the two countries will present their arguments in the high-profile Kulbhushan Jadhav case before the International Court of Justice (ICJ)

Kulbhushan Jadhav | ‘Trial in Pak Military Court Unlawful’: Salve

Latest First
  • Oldest First

India on Monday, 18 February said the trial of its national Kulbhushan Jadhav by a Pakistani military court "hopelessly failed" to satisfy even the minimum standards of due process and requested the International Court of Justice to declare it "unlawful".

India's plea came as the top UN court, International Court of Justice (ICJ) began a four-day public hearing in the case of Jadhav, who was sentenced to death by a Pakistani military court on charges of espionage.

Representing India, by Harish Salve based its case on two broad issues – breach of Vienna Convention on consular access and the process of resolution.

  • The ICJ has set a timetable for the public hearing from 18 to 21 February in The Hague
  • Former solicitor general Harish Salve represents India while Pakistan will be represented by Barrister Khawar Qureshi
  • The ICJ’s decision is expected to be delivered by the summer of 2019

Proceedings Adjourned in ICJ till 19 Feb

The ICJ proceedings on Kulbhushan Jadhav adjourned till Tuesday, 19 February. Pakistan on Tuesday will submit their response to Harish Salve’s claims.

Subsequently, India will reply on 20 February, and Islamabad will make its closing submissions on 21 February.

Unlike Pak, India Has Always Offered Consular Access: Salve

During the hearing, Harish Salve argued that India has always offered consular access to Pakistan even when its citizens have been caught in acts of terrorism.

"It is another matter that Pakistan has never availed of the same," Salve added.

‘Trial in Pakistan Military Court Unlawful’: Salve

As ICJ reconvenes, Harish Salve began arguing that Jadhav’s trial by Pakistan military court hopelessly failed to satisfy even minimum standards of due process.

"Jadhav's trial by military court hopelessly fails to satisfy even minimum standards of due process and should be declared "unlawful," he said, "Failure to fulfill obligations of the Vienna Convention is prejudicial to the guarantees of due process of law."

He continued explaining the way in which the court needs to view the current case, emphasizing decisions of international courts like the Inter-American Court of Human Rights which say the right of consular access is a human right of high importance.

Pakistan Did Not Uphold Article 36 of Vienna Convention: Salve

Harish Salve argued that Pakistan did not uphold the Article 36 of the Vienna Convention that states consular access applies all nationals, regardless of espionage claims in Jadhav’s case.

Salve said that ICJ has already upheld the importance of consular access under Article 36 in two previous cases – LaGrand (Germany vs USA) and Avena (Mexico vs USA).

"This quite plainly, is an egregious violation of Pakistan's obligations under Article 36 of the Vienna Convention," said Salve.

Pak Ignored 13 Requests for Consular Access: Salve

Salve argued that Pakistan had ignored 13 requests for "consular access" to Kulbhushan Jadhav.

"They at one point said they might consider it if India assisted their investigation into him being an Indian spy, asked for evidence of bank accounts, phone numbers, etc," he said.

“Pakistan has not provided any evidence,” he added.

TheQuint
Follow All The Political News In India On BloombergQuint
Disclaimer