Kulbhushan Jadhav’s Right To Appeal Denied, Pakistan Violated Vienna Convention

New Delhi: Indian national Kulbhushan Jadhav, who is serving jail time in Pakistan over allegations of being an Indian spy, was granted consular access only after a 2019 International Court of Justice (ICJ) verdict, but this did not translate into the right to appeal in a higher court, according to a report by Pakistani newspaper Dawn.

The Pakistan Supreme Court was hearing a case involving Pakistani citizens convicted for their alleged role in the May 9, 2023, riots following the arrest of Pakistan Tehreek-e-Insaf (PTI) leader and former Prime Minister Imran Khan. The Defence Ministry lawyer provided the clarification when he was asked if the same facility of the right to appeal was provided to Jadhav, and why it was not extended to Pakistani citizens convicted in military courts.

The Supreme Court was further told that Pakistani laws were amended following the ICJ verdict – keeping in line with the Vienna Convention – to allow review of military court orders. Pakistan claimed that Jadhav was an agent for the Research and Analysis Wing (RAW) and had been working with Baloch separatists.

Pakistan also released a video of Jadhav ‘confessing’ to be a RAW agent. When the matter went to ICJ, Jadhav’s death penalty was put on hold, in a major diplomatic win for India. The primary judiciary arm of the United Nations, also known as the World Court, further emphasised that Jadhav should be given a fair trial. While pronouncing the verdict, ICJ said: “Court finds that Pakistan deprived India of the right to communicate with and have access to Kulbhushan Jadhav.