Friday Feb 15, 2019
ISLAMABAD: Pakistan on Friday released a fact sheet regarding the hearing of Indian spy Kulbhushan Jadhav’s case at the International Court of Justice (ICJ) in The Hague.
The ICJ will hear the case starting from Monday.
In the fact sheet, Pakistan presented evidence obtained from Jadhav after his arrest and during the criminal process.
“India argues that Commander Kulbhushan Jadhav is an innocent businessman who was kidnapped from Iran, brought to Pakistan, and tortured to confess that he was a Commander in the Indian Navy working with India's Research & Analysis Wing (RAW). India argues that it was entitled to obtain consular access to Commander Jadhav as soon as his detention was made public by Pakistan on March 25, 2016. India argues that the trial and conviction of Commander Jadhav for espionage and terrorism offences by a Military Court on 10 April 2017 was "a farce". India contends that the denial of consular access requires the ICJ to "at least" order the acquittal, release and return to India of Commander Jadhav,” the fact sheet read.
“Rejecting all of India's assertions”, it added, “Pakistan points to evidence obtained from Commander Jadhav after his arrest, and during the criminal process leading to his conviction as amply demonstrating his activities in fomenting terrorism and engaging in espionage within Pakistan. Pakistan maintains that it would be incompatible with international law for someone sent as a spy/terrorist by a State to be afforded access to officials of that State, as India asserts. Pakistan also points to an express Agreement on Consular Access dated May 21, 2008 between India and Pakistan, which allows each State to consider a request for consular access "on its merits" in a case involving national security. Furthermore, Pakistan points to the uncontradicted evidence that Commander Jadhav was provided with an authentic Indian passport in a 'cover' Muslim name by the Indian authorities, as a clear and obvious link between his conduct and the Government of India. Such conduct being a blatant violation of international law should bar any claim for relief from a court. India refuses to reply on this issue and (unconvincingly) describes it as "mischievous propaganda".”
The fact sheet also gave “six key points which India needs to answer”.
Pakistan will make its closing submissions on Thursday and it is expected that the ICJ decision will be delivered by summer this year.
The ICJ has repeatedly stated that it is not a Criminal Court of Appeal and effective review of a conviction is available before the domestic courts.