Pakistan has decided to grant consular access to Indian spy Kulbhushan Jadhav, who was convicted and sentenced to death by a military tribunal for spying, by tomorrow (Friday).
The International Court of Justice’s (ICJ) verdict, in the case, asked Pakistan to immediately inform Jadhav of his rights under Article 36, and grant India consular access, according to the Foreign Office’s (FO) spokesperson.
In this regard, Pakistan is awaiting Indian response and formally informed Indian High Commission.
The ICJ, in its ruling, asked Pakistan to ensure “effective review and reconsideration of his conviction and sentences”.
The ICJ said that even though it had found Pakistan in violation of Article 36 the Vienna Convention on Consular Relations (VCCR), “it is not the conviction and sentence of Mr. Jadhav which are to be regarded as a violation of Article 36 of the Vienna Convention.”The most the ICJ said it could do was to order Pakistan to cease violation of Article 36 and review the case in light of how that violation may have affected the case’s outcome.
To this end, Pakistan was directed to immediately inform Jadhav of his rights under Article 36, grant India consular access, and then review the case while considering, under the laws of Pakistan, how not doing so earlier may have impacted the case’s outcome.
Article 36 of the Vienna Convention simply states that when a national of a foreign country is arrested, they must be informed of the right to have their country’s consulate notified and should also have the right to regular consultation with their consulate’s officials during their detention and trial.