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Kulbhushan Jadhav verdict by UN Court explained in 5 points

The UN court ordered Pakistan to “effectively review and reconsider” the death sentence awarded to the Indian national, Kulbhushan Jadhav, as it breached the Vienna convention.

india Updated: Jul 17, 2019 19:15 IST
HT Correspondent
HT Correspondent
Hindustan Times, New Delhi
Kulbhushan Jadhav, a retired Naval officer from India who was sentenced to death by a Pakistani military court in 2017
Kulbhushan Jadhav, a retired Naval officer from India who was sentenced to death by a Pakistani military court in 2017(Reuters Photo)
         

Kulbhushan Jadhav, a retired Naval officer from India who was sentenced to death by a Pakistani military court in 2017, should be allowed consular access, the International Court of Justice ordered on Wednesday. The UN court ordered Pakistan to “effectively review and reconsider” the death sentence awarded to the Indian national as it breached the Vienna convention.

Here are the key points of the verdict

1. ICJ rules that it has jurisdiction to decide India’s plea for Kulbhushan Jadhav. Stay of Jadav’s execution ordered by Pak’s military court will continue.

2. By not informing Kulbhushan 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.

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3. Pakistan deprived 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. Thereby Pakistan breached the obligations incumbent upon it under Article 36, paragraph 1 (a) and (c), of the Vienna Convention on Consular Relations.

4. 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.

5. 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.

First Published: Jul 17, 2019 19:12 IST

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