1. India’s contentions and ICJ’s response

India’s contentions and ICJ’s response

Following are the provisional measures relief sought by India in the case of Kulbhushan Jadhav, sentenced to death in Pakistan, and the International Court of Justice's response to them in today's ruling.

By: | The Hague | Published: May 19, 2017 1:14 AM
India – A relief by way of immediate suspension of the sentence of death awarded to the accused.

Following are the provisional measures relief sought by India in the case of Kulbhushan Jadhav, sentenced to death in Pakistan, and the International Court of Justice’s response to them in today’s ruling. India – A relief by way of immediate suspension of the sentence of death awarded to the accused. ICJ’s response – The UN court stayed Jadhav’s death sentence.

India – A relief by way of restitution in interregnum by declaring that the sentence of the military court arrived at, in brazen defiance of the Vienna Convention rights under Article 36…in defiance of elementary human rights of an accused which are also to be given effect as mandated under Article 14 of the 1966 International Covenant on Civil and Political Rights, is violative of international law and the provisions of the Vienna Convention[;] and ICJ – The Court notes that the acts alleged by India are capable of falling within the scope of Article 36, paragraph 1, of the Vienna Convention, which, inter alia, guarantees the right of the sending State to communicate with and have access to its nationals in the custody of the receiving State.

The Court considers that the alleged failure by Pakistan to provide the requisite consular notifications with regard to the arrest and detention of Jadhav, as well as the alleged failure to allow communication and provide access to him, appear to be capable of falling within the scope of the Vienna Convention ratione materiae.

India – Restraining Pakistan from giving effect to the sentence awarded by the military court, and directing it to take steps to annul the decision of the military court as may be available to it under the law in Pakistan. ICJ – The UN court indicated to Pakistan that it must “take all measures at its disposal” to ensure that Jadhav is not executed pending a final judgment of the Court.

India – If Pakistan is unable to annul the decision, then this Court declare the decision illegal, being violative of international law and treaty rights and restrain Pakistan from acting in violation of the Vienna Convention. ICJ – Pakistan shall inform the Court of all measures taken in implementation of the Order. It further decided to remain seised of the matters which form the subject of the Order until it has rendered its final judgment.

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