ICJ verdict ignored? Why Kulbhushan Jadhav still can't appeal in Pakistan

Kulbhushan Jadhav, an Indian national in a Pakistani jail on espionage charges, was denied the right to appeal despite a 2019 ICJ ruling, which only focused on consular access, not his appeal rights

Kulbhushan Jadhav, an Indian national in a Pakistani jail on spy charges, was not given the right to appeal after a 2019 ICJ verdict because the ruling only focused on consular access, according to Pakistani newspaper Dawn. 

 

Consular access refers to the right of a foreign national who is arrested or detained in another country to contact and receive assistance from their country's consulate or embassy. 

 

Earlier, in June 2019, the International Court of Justice (ICJ) ruled in favour of India, affirming Jadhav’s right to consular access and instructing Pakistan to review and reconsider his conviction and death sentence.

 

 

However, on Wednesday (April 16), Pakistan’s Defence Ministry lawyer, Khawaja Haris Ahmed, referenced Jadhav’s case during a hearing before a constitutional bench of the Supreme Court. The session was related to the trials of Pakistani citizens convicted by military courts for their alleged roles in the large-scale protests that erupted following former Prime Minister Imran Khan's arrest in May 2023.

 

The Pakistani government has labelled the May 9, 2023 unrest as a "Black Day". Ahmed also noted that while Jadhav had access to appeal rights, Pakistani citizens convicted in connection with the 2023 protests had not been granted the same legal recourse.

 

During the proceedings, the Supreme Court was informed that Attorney General Mansoor Usman Awan was engaged in discussions concerning whether to extend the right to appeal to those convicted for the May 9 incidents, and that he required a few more days for these deliberations, as per Dawn.

 

Pakistan maintains that Jadhav was arrested in Balochistan in 2016 on charges related to terrorism and spying.

 

India has consistently denied these claims, asserting that the former Indian Navy officer was abducted from the Iranian port city of Chabahar, where he was conducting legitimate business.

 

The ICJ ruling also mandated that Pakistan halt Jadhav’s execution until a proper review and reconsideration of his conviction and sentence could take place.

 

In July 2020, India criticised Pakistan for failing to implement the ICJ judgment in "letter and spirit", despite the court's conclusion that Pakistan had breached the Vienna Convention by denying consular access.

 

India has described Jadhav’s trial as a "farcical" process.

What is the Kulbhushan Jadhav case?

 

According to the Indian government, Jadhav was abducted from Iran, where he was engaged in business after retiring from the Navy, and subsequently shown as having been arrested in Pakistan’s Balochistan province on March 3, 2016. Pakistan informed India of the arrest on March 25, 2016.

 

India requested consular access on the same day and continued to press for it thereafter. On March 21, 2017, Pakistan issued a note verbale indicating that consular access would be considered if India responded to its request for cooperation in the investigation.

 

Later that year, a Pakistani military court sentenced Jadhav to death. Pakistan claimed he was arrested after crossing into Balochistan from Iran without authorisation. India then approached the ICJ, challenging both the denial of consular access and the death sentence. The Indian side also claimed that a video purportedly showing Jadhav confessing was “fabricated”.

 

Jadhav remains in a Pakistani prison and is now in his mid-50s.