India concludes argument at ICJ, calls for suspension of Jadhav's death sentence; Pak to present its case shortly

Kashmir Times. Dated: 5/16/2017 1:21:36 AM

The Hague, May 15 (Agencies) : India on Monday earnestly appealed to the international court to immediately suspend the death sentence awarded to alleged spy Kulbushan Jadhav in Pakistan.
As The Hague-based International Court of Justice (ICJ) began hearing Jadhav's case, India argued that human rights treated as "basics" all over had been thrown to the wind by Pakistan.
We want appropriate legal representation for Jadhav, India told the UN's main judicial body which has stayed his death sentence.
Putting up a spirited defence, lawyer Harish Salve, who led the Indian legal team at the ICJ, said that Jadhav had been framed on the basis of confessional statements extracted from him when he was in Pakistan's military custody.
India further underlined that "the situation is grave" and said there was fear that Jadhav may be executed even before the court decides the case.
Salve said the matter was "urgent and hence India approached this court" that took up the case "at such a short notice".
He told the court that Jadhav was kidnapped from Iran in 2016, brought to Pakistan, presented as an alleged Indian spy and confession was extracted in a military custody.
"Pakistan did not inform India of the arrest," Salve said, pointing out that India had moved the ICJ seeking suspension of the sentence awarded to Jadhav by a military court following a "farcical trial".
The former Indian Navy officer was awarded the death sentence by a Pakistani military court last month, a year after he was arrested on espionage charges. India says Jadhav has been kidnapped and framed.
Islamabad has rejected 16 Indian requests for consular access to Jadhav, who is held at an unknown prison in Pakistan.
Salve said a communication from Pakistan dated May 12 didn't clarify what the charges against Jadhav were.
"Pakistan said Jadhav's sentence is based on credible evidence in espionage against Pakistan. India refuses these allegations. India has taken measures to ensure appropriate legal measures for Jadhav. It is not known whether Jadhav will seek clemency in the present circumstances."
He described Jadhav's trial process as "farcical" and stressed that Pakistan did not respond to Jadhav's mother's plea to see her son.
Salve cited three past similar cases in which the ICJ had intervened. These cases include Paraguay versus the US in which the court decided that the American government needed to take steps to give rights of access of a Paraguayan national.
In Germany vs the US, Salve said, the court held that execution of a German national was "an irreparable damage to justice".

 

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