In its final verdict, the ICJ asked Pakistan to provide consular access to Jadhav under
Vienna Convention and rejected India's request for his acquittal, release and return.
"Consular access for Indian spy Commander Kulbhushan Jadhav, a serving Indian naval officer, and RAW operative is being provided on Monday, September 2, 2019, in line with
Vienna Convention on Consular relations, ICJ judgment and the laws of Pakistan," Dr Faisal had said on Twitter.
In order to ensure transparency and in line with standard operating procedures, and as conveyed to the Indian side in advance, the access was recorded.A day earlier, Pakistan had announced that it would provide consular access to Jadhav in line with the
Vienna Convention and the July 17 verdict of the International Court of Justice.
The ICJ said that even though it had found Pakistan in violation of Article 36 the
Vienna Convention on Consular Relations (VCCR), 'it is not the conviction and sentence of Mr Jadhav which are to be regarded as a violation of Article 36 of the
Vienna Convention.'
Secondly, the court while taking note of the assurance of the agent of Pakistan (Attorney General) that High Courts of Pakistan exercise 'effective review jurisdiction', and without commenting on the charges against the convict concluded that 'Pakistan is under an obligation to provide, by means of its own choosing, effective review and reconsideration of conviction of Mr Jadhav, so as to ensure that full weight is given to the effect of violations of the rights set forth in Article 36 of the
Vienna Convention taking account of paragraphs 139, 145, and 246 of the judgement'.
The ICJ noted that when the
Vienna Convention is interpreted in accordance with the ordinary meaning given to its terms in their context and in light of their object and purpose, Article 36 does not exclude individuals suspected of espionage.
A leading Pakistani English daily news paper in its net edition on Wednesday, which published in the past a fabricated news story targeting a state institution and supporting Indian narrative therein, also applied mass communication techniques to highlight the mentioning of Article36 of
Vienna Convention and review of Jadhav death sentence and totally ignoring the jest of dissenting note of Pakistani Judge on the ICJ Bench Justice TassadaqHussainJilani.
The Hague-based court in response to India's plea to release Jadhav and to facilitate his safe passage to India said, "It is not the conviction and sentence of Mr Jadhav, which are to be regarded as a violation of Article 36 of the
Vienna Convention."
Kulbhushan Sudhir Jadhav without further delay of his rights and to provide Indian consular officers access to him in accordance with Article 36 of the
Vienna Convention on Consular Relations," the court said.
In addition, and pursuant to the Statutes of the AU Commission, he indicated that the Secretariat shall enjoy the privileges and immunities stipulated in the Organisation of African Unity (OAU) General Convention on Privileges and Immunities, the
Vienna Convention on Diplomatic Privileges and Immunities, and the
Vienna Convention on the Law of Treaties, and the
Vienna Convention between States and International Organisations or between International Organisations.
'I've also received a suggestion the DFA (Department of Foreign Affairs) that we should look into the possibility of protesting the failure of the Hong Kong authorities to respect the diplomatic passport and this would be a violation of the
Vienna convention,' he told reporters at the Ninoy Aquino International Airport (Naia) when he arrived from Hong Kong Friday afternoon.
On social media, some supporters of Assange said that the act was in violation of the
Vienna Convention, an international accord that dictates how host countries should treat diplomats and embassies on their soil.
