ICJ to deliver verdict in Kulbhushan Jadhav case on Wednesday
The Hague, Jul 16: The International Court of Justice will deliver on Wednesday its verdict in a case relating to Indian national Kulbhushan Jadhav, whose death sentence by a Pakistani military court based on an "extracted confession" has been questioned by India.
Jadhav, 49, a retired Indian Navy officer, was sentenced to death by the Pakistani military court on charges of "espionage and terrorism" after a closed trial in April 2017. His sentencing evoked a sharp reaction in India.
The ICJ, in a statement early this month, said a public sitting will take place at 3 pm (6.30 pm IST) on July 17 at the Peace Palace in The Hague, during which top judge Abdulqawi Ahmed Yusuf will read out the verdict.
Pakistan Foreign Office (FO) spokesperson Muhammad Faisal last week said his country cannot "prejudge" the decision of the ICJ in the Jadhav's case. "We cannot prejudge the judgment," he said.
He, however, said that Pakistan has fully contested the case before the ICJ.
India moved the ICJ in May 8, 2017 for the "egregious violation" of the provisions of the Vienna Convention by Pakistan by repeatedly denying New Delhi consular access to Jadhav.
A 10-member bench of the ICJ, which was set up after World War II to resolve international disputes, on May 18, 2017 had restrained Pakistan from executing Jadhav till adjudication of the case.
A four-day public hearing in the high-profile case took place in February amidst heightened tensions between India and Pakistan following one of the worst terror attacks in Jammu and Kashmir by Pakistan-based Jaish-e-Mohammed terror group that killed 40 CRPF soldiers on February 14.
During the hearing in ICJ, both India and Pakistan submitted their detailed pleas and responses.
India based its case on two broad issues breach of Vienna Convention on consular access and the process of resolution.
Harish Salve, who was representing India in the case, questioned the functioning of Pakistan's notorious military courts and urged the top UN court to annul Jadhav's death sentence, which is based on an "extracted confession".
In his submission in the ICJ on the last day of the hearing, Pakistan's counsel Khawar Qureshi said, "India's claim for relief must be dismissed or declared inadmissible."
Pakistan claims that its security forces arrested Jadhav from restive Balochistan province on March 3, 2016 after he reportedly entered from Iran.
However, India maintains that Jadhav was kidnapped from Iran where he had business interests after retiring from the Navy.
Pakistan had rejected India's plea for consular access to Jadhav at the ICJ, claiming that New Delhi wants the access to get the information gathered by its "spy".
However, Pakistan facilitated a meeting of Jadhav with his mother and wife in Islamabad on December 25, 2017.
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India’s Human Rights accreditation Status under Review by Geneva-based UN body
Geneva: India’s human rights accreditation status is under scrutiny as the Global Alliance of National Human Rights Institutions (GANHRI) prepares to review the country’s processes this week. The National Human Rights Commission (NHRC) faces potential downgrading from its current “A status” due to concerns raised in 2023, including the lack of pluralism, the appointment of police officials and ruling party members to the NHRC, and the absence of gender and minority representation.
The decision on India's accreditation status will impact its ability to vote at the UN Human Rights Council and some UNGA bodies. The Sub-Committee on Accreditation (SCA) of GANHRI will conduct the review, which occurs every five years for each member of the 114-member alliance. India, which has been accredited since 1999, had its status deferred in 2016 but restored after a year.
The NHRC has defended its composition, stating that the presence of government officials, including the Secretary-General and CEO, enhances its effectiveness. However, criticisms include the involvement of police officers in investigations, lack of gender and minority representation, and political affiliations of some members with the ruling party.
The Ministry of External Affairs (MEA) has engaged with countries involved in the review process to present India's case diplomatically. Despite confidence in restoring its A status, the government emphasizes that it does not focus on "external certifications" of India's human rights record.
International civil society organizations, including Amnesty International, Human Rights Watch, and CIVICUS, have raised concerns about increasing restrictions on civil society and discrimination against minorities in India. They urge GANHRI-SCA to amend the NHRC's rating to reflect its failure to comply with the Paris Principles and address the deteriorating human rights situation in India.
The Ministry of External Affairs has criticized the U.S. State Department's latest human rights report on India as biased and reflective of a poor understanding of the country. It further stated that it attaches no value to the report and urges others to do the same.
