Kulbhushan Jadhav —- Judgement Crux
Kalbhushan Jadhav was a spy caught in Pakistan and convicted by Pakistan Military Courts. The case was brought to International Court of Justice in which the execution of Jadhav was stayed and Pakistan was required to provide, by the means of its own choosing, effective review and reconsideration of the conviction and sentence to Mr. Jadhav.
The basic bone of contention between India and Pakistan was the applicability of Article 36 of the Vienna Convention to the case of Mr. Jadhav. The International Court of Justice concluded that Vienna Convention is applicable in the present case regardless of the allegations that Mr. Jadhav was engaged in espionage activities.
Article 36 of the Vienna Convention expressly regulates the question of consular access to, and communication with, nationals of the sending State and makes no exception with regard to cases of espionage. Since India and Pakistan have been parties to the Vienna Convention since 1977 and 1969 respectively therefore, while Interpreting Article 36, paragraph 1 (b) (the “Article”), in accordance with the ordinary meaning of the terms used, the Court notes that there is an inherent connection between the obligation of the receiving State to inform a detained person of his rights under the Article. And his ability to request that the consular post of the sending State be informed of his detention. Unless the receiving state has fulfilled its obligation to inform a detained person of his rights under the Article, he may not be aware of his rights and consequently may not be in a position to make a request that the competent authorities of the receiving State inform the sending State’s consular post of his arrest.
Since Vienna Convention Article was not followed in its true spirit therefore, the conviction was asked to be reconsidered by Pakistan.
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