New Pak. law allows Jadhav to file appeal

• IAS NEXT, Lucknow
• 19, Nov 2021

Reference News:

Pakistan’s Parliament has enacted a law to give Indian death-row prisoner Kulbhushan Jadhav the right to file a review appeal against his conviction by a military court.

Background:

Mr. Jadhav, a 51-year-old retired Indian Navy officer, was sentenced to death by a Pakistani military court on charges of espionage and terrorism in April 2017.

Developments so far:

• India approached the ICJ against Pakistan for denial of consular access (Vienna Convention) to Jadhav and challenging the death sentence. After hearing both sides, The Hague-based ICJ issued a verdict in July 2019, asking Pakistan to give India consular access to Mr. Jadhav and also ensure review of his conviction.
• It also ruled that Pakistan must undertake an “effective review and reconsideration” of the conviction and sentence of Jadhav.

Implications of ‘Effective Review and Reconsideration’ for India:

• Effective review and reconsideration is a phrase which is different from ‘review’ as one understands in a domestic course.
• It includes giving consular access and helping Jadav in preparing his defence.
• It means that Pakistan has to disclose the charges and also the evidence which it has been absolutely opaque about uptill now.
• Pakistan would also have to disclose the circumstances in which Jadhav’s confession was extracted by the military.
• It implies that Jadhav will have a right to defend whichever forum or court hears his case.

Vienna Convention:

• The Vienna Convention on Consular Relations is an international treaty that defines consular relations between independent states.
• Article 36 of the Vienna Convention states that foreign nationals who are arrested or detained in the host country must be given notice without delay of their right to have their embassy or consulate notified of that arrest.
• If the detained foreign national so requests, the police must fax that notice to the embassy or consulate, which can then verify the detained person.