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ICJ rules in India’s favour 15 votes to 1, suspends death sentence awarded to Kulbhushan Jadhav

By Anuj Cariappa
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The Hague, July 17: Ruling in favour of India, the International Court of Justice has suspended the death sentence awarded to former naval officer, Kulbhushan Jadhav.

ICJ rules in India’s favour 15 votes to 1, suspends death sentence awarded to Kulbhushan Jadhav

Ruling 15 votes to 1 in India's favour, President of the Court, Judge Abdulqawi Ahmed Yusuf said that the death sentence should remain suspended until Pakistan effectively reviews and reconsiders the conviction/sentence in the light of Pakistan's breach of Article 36 (1), which deals with consular access and notification.

Who is Kulbhushan Jadhav?

The ICJ ruled that the Vienna Convention has been violated by Pakistan by denying consular access to Jadhav. India had said that consular access is a basic tenet of the Vienna Convention. Not only was Jadhav denied this, but the way in which Pakistan Army and other officials treated Jadhav, his wife and mother does not show the failing state in good light.

The ICJ however has rejected some of the remedies sought by India, which included annulment of the military court decision convicting Jadhav. India had also sought for his release and a safe passage to India.

The ICJ found that Pakistan deprived India the right t communicate and have access to Jadhav, to visit him in detention and to arrange for his legal representation. The court said hence Pakistan has breached obligations incumbent upon it under the Vienna Convention on Consular Relations.

India alleged that Pakistan has violated the Vienna Convention by denying consular access. India said that it has made more than 100 attempts for consular access.

A Pakistan military court had awarded death sentence to Jadhav in 2017. India had challenged the same and also sought consular access.

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