Saturday, 16 December, 2017

India appeals to UN court to halt execution of 'spy'

Kenny Thornton | 20 May, 2017, 01:21

A military court awarded a death sentence to Jadhav last month on charges of espionage.

While the Pakistan Army had claimed Jadhav had been arrested in Saravan at the Iran-Pakistan border, Baloch leader Sarfaraz Bugti said he was picked up from Chaman in Balochistan.

The present situation was grave and that is why India had sought ICJ's interference, said Indian attorney Harish Salve said before the court.

Khawar Qureshi (Pakistan's representative): India's plea for invoking provisions of Article 36 of the Vienna Convention is not relevant in this case. Representing India, counsellor Harish Salve further accused Pakistan of violating the Vienna convention by denying its request for consular access for 16 times. The ICJ had stayed the execution of Jadhav by Pakistan last week.

Pakistan did not inform India of his arrest.

He also claimed that India's application on Kulbhushan Jadhav is unnecessary and misconceived. "We want appropriate legal representation for Kulbhushan Jadhav", Salve said.

'India believes that the farcical nature of the proceedings and unjust trial by a Pakistan military court. has led to a serious miscarriage of justice'.

"India can not be granted consular access to Kulbhushan Jhadav since he is not entitled to it", he said.

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India asked that Jadhav's death sentence be suspended immediately and be declared illegal under worldwide law. "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 basic rights of Jadhav were thrown to the winds", he said.

The Pakistani officials say Jadhav has been linked to 1,345 deaths in acts of terrorism in Pakistan, using fake ID to make secret trips to Pakistan from Iran before his arrest in 2016.

India demands suspension of Jadav's death sentence.

"India has used this court as the scene of political theatre".

Jadhav was "an innocent Indian national, who, incarcerated in Pakistan for more than a year on concocted charges, deprived of his rights and protection accorded under the Vienna Convention, has been held incommunicado. and faces imminent execution", Mittal told the tribunal.

In a major setback to Pakistan's hope of executing Indian so-called spy Kulbhushan Jadhav, the International Court of Justice in The Hague denied their legal team permission to air the six-minute so-called video confession.

Treatment raised questions over Pakistan military court's fairness, saying that Jadhav's allure was heard by a military court, directed by a two-star general, though his capital punishment was affirmed by a four-star general.

India mentioned in the application that Pakistan is in violation of the Vienna Convention by denying consular access to Jadhav. On May 9, ICJ gave Jadhav a lease of life.

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