Tuesday , August 22 2017

India petitions ICJ against Yadhav’s death sentence

India has moved the International Court of Justice (ICJ) to stay the death sentence handed to self-confessed Indian spy Kulbhushan Yadhav by a military court in Pakistan on the charges of spying.
The statement by the Hague-based International Court of Justice came a day after India approached it against the death sentence to Jadhav by Pakistan’s Field General Court Martial last month. urging it to suspend Yadhav’s sentence and declare that it was arrived at “in brazen defiance of Vienna Convention rights”.
The petition states that Delhi was not informed of Yadhav’s detention until long after his arrest and that Pakistan failed to inform the Indian spy of his rights. It also accused Pakistani authorities of violating the Vienna Convention on Consular Relations by denying India consular access to Yadhav.
The petition urged ICJ to “restrain Pakistan from giving effect to the sentence and direct it to take steps to withdraw the decision.”
“If Pakistan is unable to withdraw the decision, then this Court should declare the decision illegal and direct it to release the convicted Indian national immediately,” the petition added.
India also requested the ICJ for provisional measures “directing the Government of Pakistan to take all measures necessary to ensure that he Yadhav is not executed” until the court decides the case.
Meanwhile, Indian media outlets on Tuesday claimed that ICJ had already announced a stay order and had sent a letter in this regard to Prime Minister Nawaz Sharif.
Indian External Affairs Minister Sushma Swaraj, in a post on Twitter, claimed she had spoken to Yadhav’s mother to inform her of the purported stay order.
“I have spoken to the mother of Kulbhushan Yadhav and told her about the order of President, ICJ under Art 74 Paragraph 4 of Rules of Court,” Sushma wrote. “Mr Harish Salve, Senior Advocate is representing India before International Court of Justice in the Kulbhushan Yadhav case,” she added in another tweet

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