New Delhi: India has demanded that Pakistan should grant “full” consular access to Indian national Kulbhushan Jadhav, even as both countries are in touch with each other to implement one of the key rulings of the International Court of Justice.
The UN’s judicial organ had ruled on July 17 that Pakistan was in violation of international law by not granting consular access to Jadhav after he was arrested on charges of espionage and terror activities. The ICJ had also asked Pakistan to review and reconsider Jadhav’s conviction and sentencing taking into consideration the violation of Jadhav’s rights under Article 36 of the Vienna Convention for Consular Relations.
Jadhav had been captured in March 2016 and he was sentenced to death by a military court in May 2017.
Two days after the verdict, Pakistan said that it was ready to grant consular access “as per Pakistani laws”.
Earlier this morning in Islamabad, Pakistan foreign office spokesperson Mohammad Faisal noted, “We said (earlier) that consular access will be given and (now) work has been started on that”.
A few hours later, MEA spokesperson Raveesh Kumar was asked to clarify if India understood what the reference to “Pakistani laws” on consular access entailed.
He did not go into details, but gave an indication of India’s expectations.
“We expect that full consular access should be granted to Shri Kulbhushan Jadhav at the earliest in full compliance and conformity with the ICJ’s judgment and Vienna Convention,” said Kumar.
He added that India was “in touch with Pakistani authorities in this regard”.
India’s description of “full” consular access is significant, as it means that New Delhi will be seeking a consular access that will allow for private and confidential conversation with Indian officials.
Also Read: India Likely Won’t be Allowed to Speak to Kulbhushan Jadhav in Private. Here’s Why.
There is no legal definition of the word “full” in context of consular access. However, clause 2 of the VCCR’s article 36 states that the right of consular access will be “exercised in conformity with the laws and regulations of the receiving state”, with the rider that it “must enable full effect to be given to the purposes” for which the privileges are intended for.
Indian consular officials have visited Pakistani jails several times, since there are hundreds of fisherman and civilian prisoners incarcerated at any one time. According to officials who have taken part in cases of consular access, Indian officials are never left unaccompanied and a Pakistani officer is usually in close proximity during these interviews with prisoners.
However, Indian government sources indicated that New Delhi will not be going by these previous cases. “Jadhav’s case is a unique one,” they said, listing the charges of espionage and his sentencing through a military court.
For India, it was important to give assurance to Jadhav that he should not feel pressured by Pakistani authorities while in custody. The consular access would also help to open the process for India to assist Jadhav in his legal representation during the review and reconsideration process.
Jadhav’s family met with former external affairs minister Sushma Swaraj on Thursday.
Jadhav’s mother and wife had travelled to Islamabad in December 2017 to meet Jadhav. India had alleged that Pakistan had violated the understanding reached on the treatment to be accorded to the family members and the monitoring of their encounter with Jadhav.