India moves ICJ against death sentence to Yadav

Indian media claims death sentence stayed by ICJ

THE HAGUE: The International Court of Justice (ICJ) posted a statement on its official website on Tuesday stating that India had instituted proceedings against Pakistan, accusing it of ‘egregious violations of the Vienna Convention on Consular Relations’ in the matter of detention and trial of its national Kulbhushan Sudhir Yadav, sentenced to death by a military court in Pakistan.

Yadav was sentenced to death by a military court for espionage and terrorism activities against Pakistan. India acknowledges that Yadav had served with the Navy but denies that he has any connection with the government. “The applicant contends that it was not informed of Mr. Yadav’s detention until long after his arrest and that Pakistan failed to inform the accused of his rights. It further alleges that, in violation of the Vienna Convention, the authorities of Pakistan are denying India its right of consular access to Mr. Yadav despite its repeated requests. The applicant also points out that it learned about the death sentence to Mr. Yadav from a press release,” says the statement.

The petitioner submitted that it had information that Mr. Yadav was kidnapped from Iran, where he was carrying on business after retiring from the Indian Navy, and was then shown to have been arrested in Balochistan on March 3, 2016, and that the Indian authorities were notified of that arrest on 25 March 2016.

It claims to have sought consular access to Mr. Yadav on March 25, 2016 and repeatedly thereafter. It further alleged that, in violation of the Vienna Convention, the authorities of Pakistan are depriving it of right of consular access to Yadav despite repeated requests.

"Referring to 'the extreme gravity and immediacy of the threat that authorities in Pakistan will execute an Indian citizen in violation of obligations Pakistan owes to India', we urge the court to deliver an order indicating provisional measures immediately, 'without waiting for an oral hearing'," the appeal said.

Contrary to the contents of the ICJ’s statement, the Indian media claimed that the International Court of Justice had ordered a stay on the death sentence awarded to Kulbhushan Yadav.