India, Pakistan should engage in direct dialogue: U.S. on Kulbhushan Jadhav's execution

Trevor Jackson
May 16, 2017

Minister of external affairs Sushma Swaraj on Monday said that lawyer Harish Salve, who fought Kulbhushan Jadhav's execution case at the International Court of Justice (ICJ) has charged Rs 1 as fee.

Qureshi also said India did not respond to communication from Pakistan in January this year seeking cooperation in the probe relating to Jadhav.

India wants the ICJ to annul Jadhav's death sentence and for Pakistan to ensure that no action is taken that may prejudice the rights of India or of Jadhav.

The court's president Ronny Abraham said the tribunal would publicly deliver its decision on whether to grant an emergency stay of execution "as soon as possible".

Meanwhile, Foreign policy fellow at Brookings India, Dhruva Jaishankar said Salve gave the Indian position quite clearly and he largely argued that since Jadhav had been denied consular access, this was the breach of the Vienna Convention and also his Indian nationalism was known by Pakistan because they have mentioned in FIR Jadhav's Indian nationality.

In its appeal India has asserted that Jadhav was kidnapped from Iran, where he was doing business after he retired from the Indian Navy.

But India has denied he was a spy, and last week lodged a protest at the ICJ in The Hague accusing Pakistan of "egregious violations of the Vienna convention". He added that the provisions of the Vienna Convention on granting consular access did not apply for a "spy" involved in terror activities.

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The Indian national, who had been arrested on March 3 a year ago and sentenced to death on allegations of espionage and subversive activities, had been framed on the basis of confessional statements extracted from him when he was in Pakistan's military custody, Salve added.

Ambassador Moazzam Ahmad Khan, Director General (South Asia and Saarc) Dr Muhammad Faisal and counsellor Syed Faraz Hussain were present at the Peace Palace as members of Pakistan's legal team.

Islamabad has also not replied to a visa application by Jadhav's parents to Pakistan to visit their son.

On May 8, India moved the ICJ against the death penalty, alleging Pakistan violated the Vienna Convention on Consular Relations by repeatedly denying it consular access to Jadhav. Dr Faisal said spies do not have rights of counsellor access and India did not produce evidence against Jadhav in the court. We have a long border with India where millions of people reside.

He said India had at no point made any comment on the Muslim name of Jadhav on the passport seized from him.

The UN Committee Against Torture, in its findings published last week, has expressed concerns over Pakistan government "authorising military courts to try civilians for terrorism related offences".

Pakistan claims to have arrested Jadhav from its restive Balochistan province.

Other reports by TheDailyFarc

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