Pakistan refutes report of amending Army Act to allow Kulbhushan Jadhav to appeal in civilian court

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Updated: Nov 13, 2019 7:51 PM

This year in July, the International Court of Justice found that Pakistan had violated its obligations under Article 36 of the Vienna Convention by not granting the consular access to Jadhav.

Kulbhushan Jadhav, Kulbhushan Jadhav case, pakistan army, icj kulbhushan jadhav judgement, icj jadhav verdict, india kulbhushan jadhavIn its judgement dated July 17, the ICJ said that Pakistan was under an obligation to provide effective review and reconsideration of the conviction and sentence of the Indian national. (Reuters)

Pakistan army has refuted the reports of amending its law to allow Kulbhushan Jadhav appeal in the civilian court. Pakistan Army spokesperson Asif Ghafoor said that reports of amendment in Army Act to implement ICJ verdict were incorrect. “Various legal options for review and reconsideration of the case are being considered. Final status shall be shared in due course of time,” he said in a tweet.

Earlier in the day, it was reported that Pakistan was in the process of amending its Army Act to allow Kulbhushan Jadhav the right to file an appeal in a civilian court. The reports claimed that Jadhav was tried under Military courts and the Army Act forbade such individuals or groups from filing an appeal and seeking justice from the civilian court. “But a special amendment is being made for Kulbhushan Jadhav,” news agency ANI said.

“Pakistan, in compliance with the International Court of Justice’s condition to allow Kulbhushan Jadhav the right to file an appeal in a civilian court, is amending its Army Act accordingly,” ANI said.

This year in July, the International Court of Justice (ICJ) found that Pakistan had violated its obligations under Article 36 of the Vienna Convention by not granting the consular access to Jadhav. In its judgement dated July 17, the international court said that Pakistan was under an obligation to provide effective review and reconsideration of the conviction and sentence of the Indian national.

The ICJ also said that Pakistan had acted in breach of its obligations under Article 36 of the Vienna Convention by not informing Jadhav of his rights, by not informing India of the arrest and detention of Jadhav and by denying access to Jadhav by consular officers of India.

Following the judgement, Pakistan granted consular access to Jadhav on September 2. India’s Deputy High Commissioner in Islamabad Gaurav Ahluwalia met the Indian national in the presence of officials of the Government of Pakistan.

In 2016, Pakistan announced that it had arrested Jadhav from Balochistan while carrying out an anti-terror operation. A year later, Jadhav was sentenced to death by Pakistan army on charges of espionage. India rejected the spying charge and said that Jadhav is a retired navy officer who was kidnapped from Iran.

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