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Pak must review Jadhav's death sentence, rules ICJ

The Hague: In a major victory for India, the International Court of Justice on Wednesday ruled that Pakistan must review the death sentence for Indian national Kulbhushan Jadhav, who has been sentenced to death by a Pakistani military court on charges of "espionage and terrorism".

Jadhav, 49, a retired Indian Navy officer, was sentenced to death by the Pakistani military court on charges of "espionage and terrorism" after a closed trial in April 2017. His sentencing evoked a sharp reaction in India.

A bench led by President of the Court Judge Abdulqawi Ahmed Yusuf ordered an "effective review and

reconsideration of the conviction and sentence of Kulbhushan Sudhir Jadhav".

The bench also ruled by 15 votes to 1 that Pakistan had violated India's rights to consular visits after Jadhav's arrest.

Pakistan "deprived the Republic of India of the right to communicate with and have access to Kulbhushan Sudhir Jadhav, to visit him in detention and to arrange for his legal representation", the judges said.

Pakistan was under the obligation to inform India about the arrest and detention of Jadhav under the Vienna Convention, Judge Yusuf ruled.

The bench observed that there was a three-week delay in informing India about Jadhav's arrest on March 3, 2016, leading to a "breach" of Pakistan's obligations under the convention.

Noting that India has made several requests for the consular access, which was denied by Pakistan, the court said it was "undisputed" fact that Pakistan did not accede to India's appeals.

The court said that Pakistan has not explained how any of the wrongful acts allegedly committed by India may have prevented it from fulfilling its obligation.

The verdict in the high-profile case comes nearly five months after a 15-member bench of ICJ led by Judge Yusuf had reserved its decision on February 21 after hearing oral submissions by India and Pakistan.

India moved the ICJ on 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.

A bench of the ICJ, which was set up after World War II to resolve

international disputes, on May 18, 2017, had restrained Pakistan from executing Jadhav till adjudication of the case.

Pakistan facilitated a meeting of Jadhav with his mother and wife in Islamabad on December 25, 2017.

During the hearing in ICJ, both India and Pakistan submitted their detailed pleas and responses.

India based its case on two broad issues - breach of Vienna Convention on consular access and the process of resolution.

Harish Salve, who was representing India in the case, questioned the functioning of Pakistan's notorious military courts and urged the top UN court to annul Jadhav's death sentence, which is based on an "extracted confession".

Prime Minister Narendra Modi hailed the International Court of Justice (ICJ) ruling and said that truth and justice have prevailed through the verdict which stayed the death sentence awarded to the Indian national by Pakistan.

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