Pakistan challenges ICJ jurisdiction over Jyadav's conviction

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The International Court of Justice reserved its verdict on Monday after hearing viewpoints of both Pakistan and India on the conviction of Indian spy Kulbhushan Jadhav, who was sentenced to death by a Field General Court Martial (FGCM) last month.

ICJ president Ronny Abraham said the tribunal would publicly deliver its decision on whether to grant an emergency stay of execution "as soon as possible".

India also said that Pakistan is violating the Vienna Convention on Consular Relations by continuously denying it consular access to the alleged Indian spy. India has also questioned the authenticity of the "confession" video uploaded by Pakistan as proof against Jadhav, saying it was made using methods of torture.

However, Islamabad suffered a jolt when it was not allowed by the court to play the video containing a purported confession by Jadhav, a former navy official, who India says was abducted from Iran and taken to Balochistan.

Pakistan had denied India its 16 requests for consular access, India's lead attorney Harish Salve said.

"India invoked the jurisdiction of this court improperly", he said. He said India "cannot be hostage" to demands by Pakistan for joining the investigation without even granting consular access. Dr Faisal said that, according to the Vienna Convention, the court had no jurisdiction to hear such a case.

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"We are confident that ICJ will take decision in favour of India and Jadhva will get justice".

The former Indian Naval officer was arrested in March previous year and had been given death sentence by a Pakistani Military court on charges of espionage and subversive activities. Islamabad also advocated an "expedited hearing which would dispel any suggestion for the need for provisional measures", adding that "Pakistan would be content for the court to list the application of India for hearing within six weeks".

After a 2004 ruling against the United States in a case brought by Mexico, the administration of then-President George W. Bush ordered reviews of dozens of cases of Mexicans on USA death row who had not been offered consular access as a remedy. We have a long border with India where millions of people reside.

Overall, the relief India is seeking from this court is not available and the "provisional measures" sought by India can not be initiated, Qureshi said. It further added that civilians who have been sentenced by military court should be given an opportunity to appeal the case in front of a civil court.

The facts presented by India establish the violation of all principles of United Nations charter and Vienna Convention because of the nature of the trial which destroyed any credibility or sanctity of the army court's decision sentencing him to death, he said.

He said the court was not apprised that Jadhav was arrested in Balochistan and that he possessed double passports and birth certificates.