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ICJ orders Pakistan to stay execution of Indian 'spy'

20 Mai 2017

While the Internationa Court of Justice's stay order on execution of Kulbhshan Jadhav was hailed as a big diplomatic win for India, Pakistan maintained that it will have no impact on trial against former Indian Navy officer.

Judges at the International Court of Justice (ICJ) ruled in a unanimous and binding decision that Kulbhushan Sudhir Jadhav must not be executed by Islamabad until they have had time to pass final judgement in the case. The court agreed with India's concerns on the matter, since Pakistan has not provided any assurance that Jadhav will not be executed till a final decision is taken by ICJ.

While presenting arguments, Pakistani counsel had informed ICJ that Jadhav, 46, was arrested in March a year ago in the restive Balochistan province.

India based its case on the Vienna Convention rather than on a 2008 agreement on consular access between India and Pakistan, he said.

"India has the right to seek consular access for Jadhav", he added.

Foreign Office Spokesman Nafees Zakaria said the decision to challenge the ICJ's jurisdiction was taken after consultation with all government institutions and agencies.

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He also ordered Pakistan to inform the tribunal that it has implemented the decision, and stressed that ICJ decisions are binding on all member states. "But (Jadhav) can not be executed until the stay order is there".

Mr Jadhav, 46, was sentenced to death last month by a Pakistani military court on charges of "spying" and "terrorism". Jadhav was convicted in Pakistan and sentenced to death on April 10.

Pakistan said legal process is ongoing and that it had met its obligations under the Vienna treaty on consularrelations.

In 1998, a Paraguayan man was executed for murder in Virginia despite the global court's order urging the United States to halt his execution in a similar case involving the right to consular access.

Before the ICJ, India would also argue that there has been violation of human rights and hence Jadhav must be set free immediately. "It is appreciated that the World Court saw reason in Indian appeal and could see through the false Pakistan propaganda by rightly turning down their request to play the purported confessional video during hearing earlier", Azad said.

India stated that Jadhav was kidnapped from Iran where he was involved in business activities after retiring from the Indian Navy.