Jadhav (India v. Pakistan)
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Overview of the case
On 8 May 2017, the Republic of India instituted proceedings against the Islamic Republic of Pakistan “for egregious violations of the Vienna Convention on Consular Relations” in the matter of the detention and trial of an Indian national, Mr. Kulbhushan Sudhir Jadhav, sentenced to death by a military court in Pakistan. India stated that, on 23 January 2017, Pakistan had requested assistance in the investigation of Mr. Jadhav’s alleged “involvement in espionage and terrorist activities” in Pakistan and, by a Note Verbale dated 21 March 2017, it had informed India that “consular access [to Mr. Jadhav would] be considered in the light of [the] Indian side’s response to Pakistan’s request for assistance in [the] investigation process”. India claimed that “the linking of assistance in the investigation process to the grant of consular access was by itself a serious violation of the Vienna Convention”.
As basis for the Court’s jurisdiction, the Applicant invoked Article 36, paragraph 1, of the Statute of the Court, by virtue of the operation of Article I of the Optional Protocol to the Vienna Convention on Consular Relations concerning the Compulsory Settlement of Disputes, of 24 April 1963.
Also on 8 May 2017, India filed a Request for the indication of provisional measures, noting that the alleged violation of the Vienna Convention by Pakistan “has prevented India from exercising its rights under the Convention and has deprived the Indian national from the protection accorded under the Convention”. The Applicant claimed that Mr. Jadhav “will be subjected to execution unless the Court indicates provisional measures directing the Government of Pakistan to take all measures necessary to ensure that he is not executed until th[e] Court’s decision on the merits” of the case. India asserted that Mr. Jadhav’s execution “would cause irreparable prejudice to the rights claimed by India”. It also asked the President of the Court to exercise his power under Article 74, paragraph 4, of the Rules of Court. By a letter dated 9 May 2017, the President of the Court, in accordance with the said provision of the Rules, called upon the Pakistani Government, pending the Court’s decision on the Request for the indication of provisional measures, “to act in such a way as will enable any order the Court may make on this Request to have its appropriate effects”.
Following the public hearings on the Request for the indication of provisional measures presented by India, which were held on 15 May 2017, the Court delivered its Order on 18 May 2017. By that Order, the Court indicated provisional measures to the effect that Pakistan should “take all measures at its disposal to ensure that Mr. Jadhav is not executed pending the final decision in these proceedings” and inform the Court of all the measures taken in implementation of the Order.
By an Order dated 13 June 2017, the President of the Court fixed 13 September 2017 and 13 December 2017 as the respective time-limits for the filing of a Memorial by India and a Counter-Memorial by Pakistan. Those pleadings were filed within the time-limit thus fixed.
The Court, having regard to the agreement reached between the Parties, also authorized the submission of a Reply by India and a Rejoinder by Pakistan, fixing 17 April 2018 and 17 July 2018 as the respective time-limits for the filing of those pleadings. The Reply and the Rejoinder were filed within the time-limits thus fixed, and public hearings will be held in the case from 18 to 21 February 2019.
This overview is provided for information only and in no way involves the responsibility of the Court.