Indian Government should file a case in ICJ: Sign it to save Kulbhushan Jadhav from death:
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Kulbhushan Jadhav, an Indian National and former Naval officer, has been convicted by the Military Court in Pakistan and ordered to face death penalty allegedly for espionage etc.
The trial conducted by the Military Court in Pakistan is in utter violations of article 36(1)(c) of the Vienna Convention, 1963 to which India and Pakistan are parties, under this convention the sending state has right of consular access to its Citizen confined by the receiving State so that proper legal representation can be provided to the prisoner. The Indian Authorities, despite their thirteen communications to authorities in Pakistan, were denied consular access.
In addition to the availing the option of filing appeal before the appellate Court in Pakistan against the judgment of conviction and order of sentence, the Indian Government can exercise its right, under the ‘Optional Protocol’ and ‘Compulsory Settlement of Disputes, 1963’, to approach the International Court of Justice and seek stay of execution of death penalty under article 41 of the ICJ Statute. The ICJ can order for review and reconsideration of the trial, as ordered in the past in the case of Mexican and German Nationals who were ordered to be hanged by the US Courts, by setting aside the judgment of conviction and sentence.
We request Smt. Sushma Swaraj, Minister of External Affairs, India, to approach the International Court of Justice against the decision of by Military Court in Pakistan and save Jahdav from the death penalty.
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