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Kulbhushan Jadhav verdict: Even Chinese judge voted in favour of India at ICJ

The Bench Ruled By 15 Votes To 1 That Pakistan Deprived India Of The Right To Communicate With And Have Access To Jadhav, To Visit Him In Detention And To Arrange For His Legal Representation.

News Nation Bureau | Edited By : Aniruddha Dhar | Updated on: 18 Jul 2019, 12:02:10 AM
Judge Xue Hanqin of China.

Judge Xue Hanqin of China.

New Delhi:

A 16-member bench headed by President of the International Court of Justice Judge Abdulqawi Ahmed Yusuf by 15-1 votes ordered Pakistan on Wednesday to undertake an "effective review and reconsideration of the conviction and sentence of (Indian national) Kulbhushan Sudhir Jadhav".

The bench ruled by 15 votes to 1 that Pakistan "deprived" India of the right to communicate with and have access to Jadhav, to visit him in detention and to arrange for his legal representation.

Of the 16 judges, three have an 'India connection': Justice Dalveer Bhandari was a judge in the Supreme Court, while James Richard Crawford has appeared in cases against New Delhi twice while Peter Tomka was the arbitrator in the Indus Waters Kishenganga case (2010-2013), according to The Week.

Here's the full list of judges:

  1. ICJ president Abdulqawi Ahmed Yusuf (Somalia)
  2. Vice president Xue Hanqin (China)
  3. Judge Peter Tomka (Slovakia)
  4. Judge Ronny Abraham (France)
  5. Judge Mohamed Bennouna (Morocco)
  6. Judge Antônio Augusto Cançado Trindade (Brazil)
  7. Judge Giorgio Gaja (Italy)
  8. Judge Joan E Donoghue (US)
  9. Judge Julia Sebutinde (Uganda)
  10. Judge Dalveer Bhandari (India)
  11. Judge Patrick Lipton Robinson (Jamaica)
  12. Judge James Richard Crawford (Australia)
  13. Judge Kirill Gevorgian (Russian Federation)
  14. Judge Nawaf Salam (Lebanon)
  15. Judge Yuji Iwasawa (Japan)
  16. Tassaduq Hussain Jillani (Pakistan)

Interestingly, except Pakistan, none of the judges – not even Pakistan’s “friend” China -- voted in favour of Pakistan.  

Till recently, China held on a proposal to blacklist designated Pakistan-based Jaish-e-Mohammed chief Masood Azhar as a "global terrorist" that was moved by France, UK and the US in the Security Council's 1267 Al Qaeda Sanctions Committee in February just days after the deadly Pulwama terror attack carried out by the terror outfit JeM.

But in May, in a huge diplomatic win for India, the United Nations designated Azhar as a "global terrorist" after China lifted its hold on the proposal.

A veto-wielding permanent member of the UN Security Council, China was the sole hold-out in the 15-nation body on the bid to blacklist Azhar, blocking attempts by placing a "technical hold" and asking for "more time to examine" the proposal.

Jadhav, 49, a retired Indian Navy officer, was sentenced to death by a Pakistani military court on charges of "espionage and terrorism" in April 2017 based on an "extracted confession".

In its 42-page ruling, the court ruled that Pakistan had "breached" the Vienna Convention on diplomatic relations, which gives countries the right to consular access when their nationals are arrested abroad.

The court found that by not informing Jadhav without delay of his rights under Article 36 of the Vienna Convention on Consular Relations, Pakistan breached the obligations incumbent upon it under that provision.

(With PTI inputs)

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First Published : 18 Jul 2019, 12:02:10 AM