THE HAGUE: The International Court of Justice on Wednesday came down heavily on Pakistan for violating Indian national Kulbhushan Jadhav's rights by not providing him consular access or the ability to choose his own defence attorney during his closed trial by a military court.
Jadhav (49) a retired Indian Navy officer, was sentenced to death by a Pakistani military court on charges of "espionage and terrorism" in April 2017 based on an "extracted confession".
A 16-member bench headed by President of the Court Judge Abdulqawi Ahmed Yusuf by 15-1 votes ordered Pakistan on Wednesday to undertake an "effective review and reconsideration of the conviction and sentence of Mr Kulbhushan Sudhir Jadhav".
In its 42-page ruling, the court ruled that Pakistan had "breached" the Vienna Convention on diplomatic relations, which gives countries the right to consular access when their nationals are arrested abroad.
The court found that by not informing Jadhav without delay of his rights under Article 36 of the Vienna Convention on Consular Relations, Pakistan breached the obligations incumbent upon it under that provision.
The bench ruled by 15 votes to 1 that Pakistan "deprived" India of the right to communicate with and have access to Jadhav, to visit him in detention and to arrange for his legal representation.
The court said that Pakistan is under an obligation to inform 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.
The top judge said that "the right of defence of the accused should receive close scrutiny." On Pakistan's argument that India has failed to prove Jadhav's nationality, the court said it was satisfied that the "evidence before it leaves no room for doubt that Jadhav is of Indian nationality."
The verdict in the high-profile case comes nearly five months after the bench had reserved its decision on February 21 after hearing oral submissions by India and Pakistan. The proceedings of the case took two years and two months to complete.
India moved the ICJ in May 8, 2017 for the "egregious violation" of the provisions of the Vienna Convention by Pakistan by repeatedly denying New Delhi consular access to Jadhav.