BackICJ hearing developments: Pakistan request to play Jadhav’s ‘confessional’ video denied
The International Court of Justice (ICJ) is hearing the case of Kulbhushan Jadhav, the alleged Indian spy sentenced to death by a Pakistan military court. Here are the day's developments
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The Hague/New Delhi: India on Monday called for immediate suspension of its national Kulbhushan Jadhav’s death sentence and accused Pakistan of violating the Vienna convention by denying its 16 requests for consular access.
As the International Court of Justice (ICJ) began hearing Jadhav’s case, India argued that human rights treated as “basics" all over had been thrown to the wind by Pakistan. Former Solicitor General Harish Salve is leading India’s legal team at The Hague.
India is presenting its case first, followed by Pakistan later in the day. Both sides will get 90 minutes each to argue their case before the UN’s principal judicial body. India may avail a “short extension" beyond 90 minutes to present its case, the judge had said in his opening remarks.
Here are the latest developments and updates on the Kulbhushan Jadhav hearing at ICJ:
The International Court of Justice (ICJ) denied permission to Pakistan to play a purported “confessional" video of retired Indian Navy officer Kulbhushan Jadhav at a public hearing here. To support its allegations that Jadhav was sent by India to carry out spying and espionage activities in Pakistan and was arrested from the restive Balochistan province, Pakistan delegation at the ICJ sought permission to play the purported video showing the Indian national admitting that he was a “spy". However, the ICJ denied permission to the Pakistani side to play the video at the hearing, Indian officials in New Delhi said. (PTI)
■ Pakistan says Jadhav will not be immediately executed at all, he has six months time, NDTV reported.
■ “We will not respond in kind," Mohammed Faisal, a Pakistan Foreign Office official, said in his opening remarks. India had been unable to provide an explanation for Jadhav’s passport which bears a Muslim name, he said.
Pakistan, which began its submission in response to India’s presentation earlier in the day, said India was using the court as the “scene of political theatre".
■ Vienna Convention provisions not intended to apply to a ‘spy’ involved in terror activities: Pakistan
■ India’s application on Jadhav must be dismissed on three counts —there is no agency, the relief that is sought is manifestly unavailable and the jurisdiction is limited, Pakistan tells ICJ
■ India’s application on Kulbhushan Jadhav is unnecessary and misconceived, Pakistan tells International Court of Justice.
■ India demanded the immediate suspension of Kulbhushan Jadhav’s death sentence, expressing fears that Pakistan could execute him even before the hearing at the International Court of Justice (ICJ) was over.
“Jadhav has not got the right to get proper legal assistance and the right to consular access. There is an immediate threat to him to be executed even before a decision is passed," joint secretary in the Ministry of External Affairs Deepak Mittal told the court in opening remarks.
“The execution of the death sentence cannot be done while this court is hearing the appeal. Else, it will be a violation of the Vienna Convention," lead attorney Harish Salve said.
■ “We expect justice, hope we will save Jadhav. Let’s see what case Pakistan makes. It is unlikely that decision will come today," CNN-News18 quoted Harish Salve as saying.
■ Pakistan is likely to base its case at the International Court of Justice (ICJ) against India on the confession statement of Indian national Kulbhushan Jadhav, a media report said.
Senior Pakistani government officials stated that the incarcerated Jadhav’s confession is the “crux" of Islamabad’s case, Geo News reported.
Pakistani legal experts are of the view that India’s case at the global legal tribunal is weak.
■ Kulbhushan Jadhav has neither consular access nor legal representation “even at this stage".
■ We want appropriate legal representation for Kulbhushan Jadhav, says India.
■ Kulbhushan Jadhav was framed on confessional statements extracted from him when he was in Pakistan’s military custody.
■ India tells ICJ it fears Kulbhushan Jadhav will be executed before its arguments are heard in the case.
■ India calls for immediate suspension of Kulbhushan Jadhav’s sentence and accuses Pakistan of violating Vienna Convention of consular access.
■ All requests for consular access to Kulbhushan Jadhav fell on “deaf ears": India.
■ International Court of Justice (ICJ) at The Hague begins hearing on Indian national Kulbhushan Jadhav’s death sentence by Pakistan.
■ Pakistan is preparing a strategy to “forcefully" defend its position before the International Court of Justice (ICJ) over the death sentence given to Indian national Kulbhushan Jadhav by its military court on charges of “spying", a media report said.
“We have sent our recommendations to the Prime Minister’s Office and the Foreign Office," Dawn newspaper quoted Attorney General Ashtar Ausaf as saying.
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