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Kulbhushan Jadhav: Pakistan told to review 'India spy' case | Kulbhushan Jadhav: Pakistan told to review 'India spy' case |
(32 minutes later) | |
An international court has ordered Pakistan to review the death penalty given to a retired Indian Navy officer whom it has accused of spying. | |
Pakistan has violated international law by denying India consular access to Kulbhushan Jadhav, the International Court of Justice (ICJ) has ruled. | |
The rulings of the ICJ are binding but it has no power to enforce them. | The rulings of the ICJ are binding but it has no power to enforce them. |
Kulbhushan Jadhav was arrested in Pakistan in March 2016, and sentenced to death the following year. | Kulbhushan Jadhav was arrested in Pakistan in March 2016, and sentenced to death the following year. |
Pakistan, the court ruled, had failed to inform Mr Jadhav of his rights, and "deprived the Republic of India of the right to communicate with and have access to [him], to visit him in detention and to arrange for his legal representation". | |
"A continued stay of execution constitutes an indispensible condition for the effective review and reconsideration of the conviction and sentence of Mr Kulbhushan Sudhir Jadhav," it added. | |
An Indian government told AFP the ruling was "a complete victory", adding: "This opens up the possibility of consular access and a retrial in a civilian court." | |
Wednesday's verdict is likely to fuel tensions between the nuclear powers. | Wednesday's verdict is likely to fuel tensions between the nuclear powers. |
India and Pakistan were on the brink of war in February over the disputed territory of Kashmir. | India and Pakistan were on the brink of war in February over the disputed territory of Kashmir. |
The neighbours have a long history of diplomatic spats and Delhi and Islamabad often accuse each other of sending spies into their territories. | The neighbours have a long history of diplomatic spats and Delhi and Islamabad often accuse each other of sending spies into their territories. |
What are the allegations? | |
The case of Kulbhushan Jadhav has been a thorny issue since his arrest three years ago. | |
Pakistan said it had detained him in the restive province of Balochistan, home to a separatist insurgency that it accuses India of backing. India said he was kidnapped in Iran, which borders the province, where he was doing business. | Pakistan said it had detained him in the restive province of Balochistan, home to a separatist insurgency that it accuses India of backing. India said he was kidnapped in Iran, which borders the province, where he was doing business. |
Shortly after his arrest, the Pakistani authorities released a video in which he was shown admitting involvement in spying. | Shortly after his arrest, the Pakistani authorities released a video in which he was shown admitting involvement in spying. |
India has always questioned the alleged confession, saying that it was extracted under duress. | India has always questioned the alleged confession, saying that it was extracted under duress. |
In April 2017, Pakistan said he had been convicted in a military court of espionage and terrorism and sentenced to death. India then filed a case with the ICJ, which ordered Pakistan not to execute him until the case was heard and a decision reached. | In April 2017, Pakistan said he had been convicted in a military court of espionage and terrorism and sentenced to death. India then filed a case with the ICJ, which ordered Pakistan not to execute him until the case was heard and a decision reached. |
While India said that Pakistan violated the Vienna Convention on Consular Relations by denying access to Mr Jadhav, Pakistan argued he was not entitled to consular access because he is a spy who illegally entered the country in order to create "unrest and instability". | |
The ICJ was set up in 1945 to rule on disputes between nations in accordance with international law. | The ICJ was set up in 1945 to rule on disputes between nations in accordance with international law. |
The last time India and Pakistan took a dispute to the court was in 1999 when Islamabad protested against India's downing of a Pakistani navy plane that killed 16 people. | The last time India and Pakistan took a dispute to the court was in 1999 when Islamabad protested against India's downing of a Pakistani navy plane that killed 16 people. |
The court decided that it had no jurisdiction to rule in the dispute and closed the case. | The court decided that it had no jurisdiction to rule in the dispute and closed the case. |