Jadhav case: Pakistan receives pleadings filed by India with ICJ

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Islamabad, Sept 15 (TNS): The Pakistan Foreign Office said on Friday that it had received the memorial (written pleadings) filed by India with the International Court of Justice (ICJ) against self-confessed Indian spy Kulbhushan Jadhav’s death sentence.

India had filed the memorial on September 13 and Pakistan has received a copy of the document from the ICJ today.

The Foreign Office spokesperson said a legal team headed by the Attorney General of Pakistan was examining the memorial and Pakistan would submit its response to the court in December this year.

“The position of the Government of Pakistan, especially highlighting the acts of espionage, terrorism and sabotage committed by Commander Jadhav in Pakistan, which resulted in the loss of many precious and innocent lives of Pakistanis, would soon be submitted at the International Court of Justice,” a statement issued by spokesperson read.

According to a June 13 order, the ICJ, principal judicial organ of the United Nations, had fixed September 13 and December 13 of the current year as dates for India to file a memorial and for Pakistan to file a count-memorial, respectively. The order was made after taking into account the views of the parties, said an ICJ statement

After Jadhav was awarded the death sentence for espionage, by a Pakistani court, India challenged the verdict in the top UN court, accusing Islamabad of violating the Vienna Convention by failing to provide him with consular access and for being in breach of international human rights law.

New Delhi also appealed to the court to impose emergency measures for Jadhav’s execution to be suspended until the legal battle in the Hague concludes.

Jadhav was arrested during a counter-intelligence raid in Mashkel, Balochistan in March 2016. In a video confession released soon after, he confessed to being a spy for India’s Research and Analysis Wing (RAW) and was sent to Pakistan to plan, coordinate and organise espionage and sabotage activities in Balochistan and Karachi with the aim to destabilise and initiate war within Pakistan.

In April 2017, he was convicted by a military court and sentenced to death.

The ICJ in its May statement also said that the government of Pakistan shall inform it of all measures taken in implementation of the order.

Islamabad also dubbed India’s decision to take Jadhav’s case to the UN court ‘political theatre’. It maintained that the ICJ need not intervene as it had adhered to a 2008 bilateral treaty with India that supersedes the Vienna pact by stating that the right to consular access can be waived where ‘national security’ is at risk.

The Attorney General of Pakistan (AGP) Ashtar Ausaf Ali also urged the top UN court in June 2017, to adopt an expedited timeline for an early substantive hearing of the case.
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