Feb 18, 2019 05:33 PM IST | Source: Moneycontrol.com
Kulbhushan Jadhav ICJ hearing LIVE: We demand his release, says Salve; proceedings adjourned for the day
Live updates of the proceedings in the International Court of Justice (ICJ) where the Kulbhushan Jadhav case is being heard
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LIVE stream of the proceedings at ICJ:
The Court is now adjourned and will resume at 02:20 pm IST tomorrow (February 19) for Pakistan's oral round.
"India submits that Pakistan has egregiously violated Article 36 of the Vienna Convention and demands that Jadhav be released forthwith," Harish Salve concluded India's oral round.
"Pakistan's conduct doesn't inspire confidence that Jadhav can get justice there. Pakistan has in custody an Indian national who has been publicly portrayed to be a terrorist and Indian agent creating unrest in Balochistan. Pakistan used Jadhav to build a narrative against India, a pawn to further their propaganda," Harish Salve said in court.
“Rights of Kulbhushan Jadhav and India have been brazenly violated by Pakistan. Consequences must follow,” Salve in court.
“India has always offered consular access to Pakistan even when its citizens have been caught red-handed in acts of terrorism. It is another matter that Pakistan has never availed of the same,” Harish Salve said.
“Despite repeated attempts by India to sign a treaty for mutual legal assistance, Pakistan has refused. The reason is that there are several pending cases that involve terrorism,” Salve added.
"A foreign detainee has the right to life, the right to a fair trial and an impartial judiciary. However, Pakistan has sentenced 161 civilians to death in their military courts in opaque proceedings in the last two years," Salve said in court.
"Pakistan uses military courts to try civilians, and this was done by amending Pakistan's constitution. The military courts have been reinstated even after European courts [International Commission of Jurists] have expressed their reservations with the idea. They have emphasized the idea that military courts should only restrict to military trials, and civilians should not be tried in them at all," Salve said.
"The confession was aired even before the enforcement had begun a trial or so much as an FIR was filed in the case," Harish Salve in ICJ
Harish Salve: Pakistan's allegations are disrespectful and baseless.
"Pakistan's conduct of attempting to play a doctored tape of confession in these proceedings are for propaganda and Pakistan is abusing its rights in this case," Harish Salve in ICJ.
"Pakistan is embarrassed to disclose the judgment in the Jadhav case, the charges against him, and the evidence. The story has always been strong on rhetoric and weak on facts," Harish Salve said in court.
Jadhav's trial by military court hopelessly fails to satisfy even minimum standards of due process and should be declared "unlawful", Harish Salve told the International Court of Justice at The Hague.
Serious charges need procedural safeguards, Salve at ICJ
Harish Salve has argued in the court that Pakistan not apprising Kulbhushan Jadhav of his rights are violative of the Vienna Convention. He asserts that since Pakistan is one of the States which exercise death penalty to foreign nationals, the State should make sure that the foreign national should be told his rights and allowed consular access since death penalty is irreparable. He invoked International Human Rights to protect Jadhav who has been detained in Pakistan.
The proceedings have resumed.
Advocate Harish Salve, representing India, presents arguments at the International Court of Justice (ICJ), The Hague, the Netherlands on February 18, 2019.
(Image: Screen grab of the live proceedings at ICJ via United Nations WebTV)
The sitting has been adjourned. The proceedings will resume in 10 minutes (16.10 pm Indian Standard Time).
Pakistan should have provided a substantial explanation for why it needed three months for providing consular access, upon which it could have claimed that it has complied with treaty obligation. Even on erroneous premise that paragraph four applies, Pakistan has not complied with the treaty obligations: Harish Salve
Pakistan has not provided any explanation for not providing consular access to Jadhav: Harish Salve
“Pakistan offered to allow Jadhav's family to visit him. The terms were agreed and the meeting was held on December 25, 2017. India was dismayed at the manner in which the meeting with Jadhav's family was conducted. India wrote a letter on December 27, 2017 marking its protest,” Harish Salve has said.
Jadhav's purported confession clearly appears to be coaxed. India reminded Pakistan that it is Pakistan government which has not ratified SAARC convention on legal assistance in criminal matters: Harish Salve
India was dismayed with the manner in which Jadhav’s family met him: Harish Jadhav
Pakistan is bound to give consular access to India without any further delay. Pakistan did not disclose the date of detention and no documents of Jadhav's trial were provided to India: Harish Salve
Harish Salve has told the ICJ that rights were not reiterated to Jadhav.
Pakistan has asserted that Jadhav was court arrested. India claims that there is evidence of Jadhav’s abduction: Harish Salve
“Jadhav’s continued custody without consular custody should be declared unlawful,” Harish Salve has said while presenting India’s argument at the ICJ.
Pakistan has raised host of issues that have no relevance to the case: Harish Salve