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Wednesday, July 17, 2019
Kulbushan Jadhave exclusive case ICJ to announce verdict
Kulbushan Jadhav International court
Published 7/17/2019
Kulbushan Jadhav International court Justice press released Jadhav case India V Pakistan. The court finds the Islamic Republic of Pakistan, in the matter of the detention and trial of India national, Kulbushan Jadhav, has acted in breach of the obligations incumbent on it under Article 36 of the Vienna convention on consular Relations
THE HAGUE, 17 July 2019. The International Court of Justice (ICJ), the principal judicial organ of the United Nations, today rendered its Judgment in the Jadhav case (India v.
Pakistan). In
its Judgment, which is final, binding and without appeal, the Court,
(1) finds, unanimously, that it has jurisdiction, on the basis of Article I of the Optional
Protocol concerning the Compulsory Settlement of Disputes to the Vienna Convention on
Consular Relations of 24 April 1963, to entertain the Application filed by the Republic of India on
8 May 2017;
(2) rejects, by fifteen votes to one, the objections by the Islamic Republic of Pakistan to the admissibility of the Application of the Republic of India and finds that the Application of the Republic of India is admissible;
(3) finds, by fifteen votes to one, that, by not informing Mr. Kulbhushan Sudhir Jadhav
without delay of his rights under Article 36, paragraph 1 (b), of the Vienna Convention on Consular
Relations, the Islamic Republic of Pakistan breached the obligations incumbent upon it under that
provision;
(4) finds, by fifteen votes to one, that, by not notifying the appropriate consular post of the
Republic of India in the Islamic Republic of Pakistan without delay of the detention of
Mr. Kulbhushan Sudhir Jadhav and thereby depriving the Republic of India of the right to render
the assistance provided for by the Vienna Convention to the individual concerned, the
Islamic Republic of Pakistan breached the obligations incumbent upon it under Article 36,
paragraph 1 (b), of the Vienna Convention on Consular Relations;
(5) finds, by fifteen votes to one, that the Islamic Republic of 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, and thereby breached the
obligations incumbent upon it under Article 36, paragraph 1 (a) and (c), of the Vienna Convention
on Consular Relations;
(6) finds, by fifteen votes to one, that the Islamic Republic of Pakistan is under an obligation to inform Mr. Kulbhushan Sudhir Jadhav without further delay of his rights and to provide Indian consular officers access to him in accordance with Article 36 of the Vienna Convention on Consular Relations;
(7) finds, by fifteen votes to one, that the appropriate reparation in this case consists in the
obligation of the Islamic Republic of Pakistan to provide, by the means of its own choosing,
effective review and reconsideration of the conviction and sentence of
Mr. Kulbhushan Sudhir Jadhav, so as to ensure that full weight is given to the effect of the
violation of the rights set forth in Article 36 of the Convention, taking account of paragraphs 139,
145 and 146 of this Judgment;
(8) declares, by fifteen votes to one, that a continued stay of execution constitutes an
indispensable condition for the effective review and reconsideration of the conviction and sentence
of Mr. Kulbhushan Sudhir Jadhav.
These proceedings were instituted on 8 May 2017 by the filing in the Registry of an Application by the Republic of India against the Islamic Republic of Pakistan, alleging violations of the Vienna Convention on Consular Relations of 24 April 1963 (hereinafter the “Vienna Convention”), with regard to the detention, since March 2016, and trial of an Indian national, Mr. Kulbhushan Sudhir Jadhav, who was accused of performing acts of espionage and terrorism on behalf of India, and sentenced to death by a military court in Pakistan in April 2017.
In particular,
India contends that Pakistan acted in breach of its obligations under Article 36 of the Vienna
Convention (i) by not informing India, without delay, of the detention of Mr. Jadhav; (ii) by not
informing Mr. Jadhav of his rights under Article 36; and (iii) by denying consular officers of India
access to Mr. Jadhav.
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