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Pakistan tells ICJ Jadhav confessed he’s Indian spy
UN’s top court says it will publicly deliver decision on whether to grant an emergency stay of execution ‘as soon as possible’
THE HAGUE: Pakistan on Monday told the UN’s top court that an Indian national arrested on its soil had confessed to having been sent by Delhi to “wage terror” on innocent civilians and its infrastructure after India attempted to save the life of Kulbhushan Jadhav.
Mohammad Faisal, from the foreign affairs ministry, said the tribunal had been shown a video of the confession which was available online “for viewers to decide for themselves whether commander Jadhav is confessing voluntarily”.
Mr Faisal also showed the International Court of Justice (ICJ) an image of a passport found in Jadhav’s possession bearing a different and Muslim name Hussein Mubarak Patel.
“India has been unable, or perhaps unwilling, to provide an explanation for this passport which is the most obvious indication of covert and illegal activity,” he said.
Mr Faisal told judges that instead of imposing emergency measures, they could schedule a hearing on the merits of the case within six weeks.
India has denied however Jadhav was a spy, and last week lodged a protest at the ICJ accusing Pakistan of “egregious violations of the Vienna convention”.
Jadhav was arrested in Balochistan in March 2016 and in April this year, a military court sentenced him to death. Pakistan has said the conviction and sentence remain open to appeal.
“India believes that the farcical nature of the proceedings and unjust trial by a Pakistan military court... has led to a serious miscarriage of justice,” said Deepak Mittal, an official at India’s external affairs ministry.
The case is likely to take months or years to resolve, so India is asking the ICJ immediately order Pakistan to “take all measures necessary” to prevent Jadhav’s execution pending the final outcome.
The court’s president already has written to Pakistan, urging it to take no action that could affect the hearing of the Indian request to prevent the death sentence.
Pakistani counsel Khawar Qureshi informed the court that India had concealed facts during the hearing in an attempt to secure the stay order against the death sentence awarded to Jadhav for carrying out subversive acts in Pakistan.
He said the court was not apprised that Jadhav was arrested in Balochistan and that he possessed double passports and birth certificates.
He argued that every country had undeniable right to punish the terrorists and the ICJ could not intervene in criminal cases.
Mr Qureshi said the Indian application for stay order was full of errors and distorted facts, besides hiding information and proofs shared with India on Jadhav’s arrest.
He termed the Indian claim that it was denied consular access baseless.
The counsel maintained the case related to the sovereignty of Pakistan and thus did not fall in the purview of the ICJ.
Pleading the court to reject the appeal, Khawar Qureshi said under the Vienna Convention, the jurisdiction of the ICJ was limited.
India claims Jadhav was kidnapped from Iran, where he was carrying on business after retiring from service.
But Khawar Qureshi shot back that Jadhav “is a terrorist” and New Delhi’s story was “far-fetched at best”.
“India invoked the jurisdiction of this court improperly,” he said. “This court exists to ensure that states engage in peaceful resolution of disputes. This court does not exist for time-wasting and political grandstanding.”
ICJ president Ronny Abraham said the tribunal would publicly deliver its decision on whether to grant an emergency stay of execution “as soon as possible”.
New Delhi ultimately wants the ICJ to order Islamabad to annul the sentence.
It also wants the ICJ to declare that the Pakistani military court had violated the Vienna Convention by imposing a death sentence on Jadhav and broke human rights laws.
Indian claims
Mr Mittal insisted Pakistan had failed to respond to Indian demands for information about the case, snubbing requests for documents including the charge sheet, and had failed to provide Jadhav with consular access.
Islamabad has also not responded to a visa application by Jadhav’s parents seeking to travel to Pakistan to visit their son.
Jadhav “has been denied the right to be defended by a legal counsel of his choice,” Mr Mittal said, alleging that a confession was forced out of him. “All that we know is what we have seen in the media in Pakistan.”
Khawar Qureshi told the court that a 2008 agreement between Islamabad and Delhi allowed either country to decide on consular access in cases involving “political or security” issues.
Published in Dawn, May 16th, 2017
Comments (132) Closed
And ICJ refused to watch the 'confession' video
congrats salve sir defended strongly. Your are international lawyer no one can confess with you in court
Anyone will confess under duress. This won't work in International courts. If you have such strong evidence, why did you not try in civilian court as recommended by the UN panel recently?
Key point is 2008 agreement between Islamabad and Delhi is never registered with UN to take affect.Hence Vienna agreement for consular access is very much applied cable
'Confession' under any duress or pressure is not a confession.
ICJ has no jurisdiction over such matters therefore it is just waste of time by Indian tactics. Kulbushan will never be released from Pakistani jail.
Any xyz can give confessions under custody
Soon he will be declared innocent by ICJ but, not sure about pakistan..
I got an idea ...just to count how many news are on India ....counting and will let you know in the evening Sir !! Good Day !!
ICJ denied to consider confession video as an evidence and even denied to watch.
ICJ refused to watch the 'confession' video
You should also mention the argument of Mr. Harish Salve The Attorney General of India.
while dealing this case they can also raise question of Kashmir
"Mohammad Faisal, from the foreign affairs ministry, said the tribunal had been shown a video of the confession which was available online “for viewers to decide for themselves whether commander Jadhav is confessing voluntarily”." False. ICJ refused to watch the video. Most law abiding nations in the world do not accept custodial confessions.
Let us see, who is telling the truth. Truth will ultimately prevail.
Can Dawn pls print complete statement of Indian delegation even if it considers it inaccurate.. only after the ruling will we come to know who is lying and who not..
@AMIT : This article chose not to say that.
Still no evidence shared, confession can be extracted..
Next, Pakistan will have to prove the confession was not extracted under duress.
@AMIT
You took the words right out of my mouth!!!! That was EXACTLY what I thought too when I read the headline...
A strong case presented weakly by Government of Pakistan.
@Amit, also ICJ is asking to transfer the case to a civil court.
Somebody tell these people that Confessions hold no value in any court.
@AMIT
Selective reporting is done here
@AMIT Yes, even a military General would give a confession that is wanted when subjected to 3rd degree torture
and the propaganda has started
And India has no answer of 2 Passports.
And now hundreds of pages about Kashmir will also unfold at this UN Court. Pakistan stance will vindicate on Kashmir and other matters.
Come on don't fight in front of foreigners. Give peace a chance and negotiate all matters on table. Before that make a faithful environment which is missing due to self EGOS on both sides. And media is adding fuel on both sides.
And India has no answer for 2 passports.. Confessional Video has no value, but issuance of 2 genuine passport by a goverment indicates the "spy" status of so-called businessman.
And India has no answer for 2 passports.. Confessional Video has no value, but issuance of 2 genuine passport by a goverment indicates the "spy" status of so-called businessman.
We all saw the proceedings live. It was a massive set back for Pak.
Mean while a UN report on pakistani military court condemns the opaque way of prosecuting and denial of justice to victims and just representation to the accused by competitive attorneys.
Why would somebody no less a well trained commander confess ? And you are so certain of his confession, why are you hiding him ?
All your lawyers did today was to argue their point in a public court, this is what was expected in Pakistan, a public court where both sides well represented can put their argument.
You tried to do it in Hague, nothing prevented you from doing it there, then why did you shy away from doing this in your own country ?
Does pakistan even understand law? Any confession which is not in court infront of judge is not treated as confession and not acceptable in a court of law if its otherwise
Any confession outside court is not acceptable.
ICJ's credibility is hugely in question after immediate hearing for a Country which has denied jurisdiction of ICJ in the past on numerous occasions. If the ICJ is so keen in taking up cases then Pakistan should promptly move for the implementation of UN resolutions on Kashmir and Palestine. Let us smash on the duplicity of the ICJ and of course UN
Only important is Jadhav should come back to India safe and sound.
And India has no answer for 2 passports.. Confessional Video has no value, but issuance of 2 genuine passport by a goverment indicates the "spy" status of so-called businessman.
So there is no other evidence apart from confessional video.
Yes he did "confess" from his own free will, too! Strange that ICJ refused to see the honest video. Looks like ICJ is biased towards India too
Pakistan showed one passport with Muslim name, but what about the original passport which was also recovered from him. Moreover Pakistan told court that India send him to spy here then how come question arises to prove his nationality.
The ICJ "Compulsory" jurisdiction is limited to cases where both parties have agreed to submit to its jurisdiction.Therefore, the absence of binding force means that the 193 member states of the ICJ do not necessarily have to accept the jurisdiction. Moreover, membership in the UN and ICJ does not give the court automatic jurisdiction over the member states, but it is the consent of each state to follow the jurisdiction that matters. It is a civil law fourum and does not have any jurisdiction over matter related to crimnal law.
@Waqas Mahmood - You are right confession videos has got no value. It is also true that, India has offered no explanation for teh two passports. Strange. Nobody know the reality. But one thing in spy world is that, if any spy is caught, the related governemnt will simploy disown him and not own him. Here india has not disowned him. So, truth lies somewhere inbetween what pakistan and india says. Both may be wrong or both may be right.
Why not produce him in hague n lets c what he sings
@Waqas Mahmood No spy carries his own country passport. .
@Waqas Mahmood By your logic any person having 2 passports is a spy !! Lol
@Desi Dimag Read again. Two passports, one each with Hindu and Muslim names
@Vijay Halgeri first time lucky
@Waqas Mahmood and you think that a spy will carry a passport to get caught red handed?
Self confession under duress has not legal standing unless it is supported by independent evidence.
A big blow to Pak's diplomacy. India trying it's best to save it's innocent citizen. Let the Justice prevail.
Innocent Jadhav will get justice.
@Vijay Halgeri strange statement from a country who always finds Pakistani Nationality docs from terror attacks. Had your goverment denied that Jhadevs passports are FAKE..? and even if Jhadev was kidnapped from Iran does it mean he was carrying 2 passports at the time of kidnapping..? There has been not a single word from your government that Jhadav's passports are fake.
Do we discuss at same intensity for soldiers from both countries along the border .
Innocent people are being targeted for the sake of political agenda.
@Waqas Mahmood How do you know passport is genuine ?
@Waqas Mahmood Really? He was carrying two passport with him because he wanted to be caught by pakistani?. Why he would carry two passport and let himself caught if he was a spy. How can u convince the world with such an argument. No spy Carry two passport at a time.
Why Jadhav is not produced before media and allow him to confess ?
@Vijay Halgeri Strange statement from a country who always find Pakistani nationality documents from terror attacks. Your country has still not denied that Jhadav's passports are genuine. Even if the businessman was kidnapped from Iran, does it mean that He was carrying two passports at the time of kidnapping. Any clarification from India government for issuance of two passports..??
Whoever Jhadav is there is no possible reason to deny counselor access. What can be the justification!!!
@Vijay Halgeri Strange statement from a country who always find Pakistani nationality documents from terror attacks. Your country has still not denied that Jhadav's passports are genuine. Even if the businessman was kidnapped from Iran, does it mean that He was carrying two passports at the time of kidnapping. Any clarification from India government for issuance of two passports..??
@ABCD Only God knows the truth. Let's stick to facts and leave the judgement to ICJ.
@R.K.Dubey He is not Attorney General of India but he is India's most eminent lawyer in present time.
@Gaurav - Very true.
That's what you say..Everyone knows how to get confessions under custody
@Waqas Mahmood Think for once. Why would a SPY carry these kinds of credentials on a mission? There may be others at work..
All said and done, ICJ decision is not binding.
@Waqas Mahmood
Where is original passport, not mention of original passport by Pakistan. Something Fishy.
@INSANE If Mr. Jadhav produced infront of media, media people might have cry before public views his photo.
The ICJ decision would come as a big embarrassment to Pakistan.
Please bring him in public eye. Let media also cross examine him. That will atleast convince us that he is safe
@AMIT
That shows the biases.
@satyanas do you think icj ruling will be none binding too when Pakistan will be there at icj for Indus water treaty
@Waqas Mahmood "And India has no answer for 2 passports.. Confessional Video has no value, but issuance of 2 genuine passport by a goverment indicates the "spy" status of so-called businessman."
This man is in the custody of Pakistani authorities. Which court in its senses will believe that the second passport is genuine and not planted?
@AMIT Whether they refuse during session or whether you heard from Judges, Pakistan said due to time constraint cant play it. Why you people play with words
@Dr Ahmad - Melbourne You saw how Indian media decided the case while hearing.
My neighbor caches a chicken and cuts its throat saying she confessed she instigated other chicken in his farm.
@Waqas Mahmood ,it is only your word that he is carrying 2 passports.
@Waqas Mahmood Where is other passport? The present passport is Issued in India or in Pakistan that also is a question.
@Amir Pakistanis should recall their own finance Minister Dar confessing in custody.
know this is what is called a "COURT" concerned parties presenting their arguments infront of camera , in full media presence .no secret trail no kangaroo judgements
@Waqas Mahmood If any foreign agency kidnaps you, they can show your 10 different pakistani passports if they desire. It is as simple as that. But logic is not expected from the people of some country.
@beowulf, And to other Indians: Jadhav had two passports issued by India, which it refuses to explain. Go and read Karan Thapar's "The Mysterious Mr Jadhav" in the Indian Express.
Both Indian passport numbers of Yadhav were provided by the Indian Express to the Indian Ministry of External Affairs, and they did not deny both passports being in use and handed out by India. Very interestingly, they refused to make public the official records for the passports which would have clarified matters. Also, it has been confirmed that Yadhav was renting a Mumbai flat from his mother in the name of Hussein Mubarak Patel, having used official Indian identity documents to do this! So he very obviously had at least two sets of officially provided Indian identities, both in use in India itself, which India refuses to explain.
And here is something else to consider: A. S. Dulat, a distinguished former chief of R&AW, has unhesitatingly said Jadhav's case is in all likelihood that of a spy.
@Shuaib, if UN and ICJ are not recognized by Pakistsn then quit from these world bodies...
@AMIT : That is of no significance Mr. Amit.
Pakistan is not replying to the 4 concerns given by the Indian team, Pakistan is contesting this case on its 3 points on the validity of Indian application in its entirety. Pakistan merely had a week and still they did a very god job. Pakistan has challenged the Indian contention for the article 36 of Vienna Convention that does not included spies and terrorists.
Further on the Jurisdiction of ICJ, Pakistan made a point that in the "Aerial Incident Case of June 21, 2000", India invoked its reservation submitted on 8TH SEP, 1974 which said the following points:
"Exclude the jurisdiction of ICJ in any dispute with a government of State which has been a member of the Common Wealth".
"Exclude the jurisdiction of ICJ with respect to disputes concerning the application of multilateral treaties".
Vienna Convention IS a "multilateral treaty" which exclude the jurisdiction of ICJ as per Indian reservation submitted 42 years ago.
2/2 - Furthermore, Pakistan also invoking its own reservations submitted in 1960 and on 29th March, 2017 that excludes the jurisdiction of ICJ in the matters of "National Security".
So on one hand, Pakistan cited India's cherry-picking approach vis-a-vis Pakistan (with regard to Indian invocation in the Aerial Incident Case of June 21, 2000 at ICJ) - on the other hand, Pakistan is paying India in the same coin by invoking its own reservations submitted to ICJ on the matters of "National Security".
I think Pakistan contested its case pretty well and India has to look into a lot of things now in the defense of their application.
First thing first, it is beyond the prerogative and the jurisdiction of ICJ, Hague to hear this case and pass any judgement...even if they do so it will not be binding on Pakistan for a number of reasons.
@Waqas Mahmood seems like Pakistan did not mention it in its accussations
We have politicised the matter sufficiently.Now if the execution of Jadhav takes place..Pakistan will just be an onlooker for all the forums in the world even UNSC where Pakistan is inching for the seat..
@Lahoriya Just for clarity - this is ICJ not "ICC" who's always "biased" in favour of India
@Waqas Mahmood This is totally irrelevant and a dumb question from you. The Judges at ICJ are quite smart and they know how multiple passports can be generated. Remember the Judges denied the confession video to be shown in court ?? Just because of the reason they know that confession video can be fake as well.
Indians have gone into denial mode. They know exactly what they have done and are now covering their tracks. I see no empathy for Kulboshan Yadav's victims and the families which he destroyed. His conviction should be carried out without further delay so we can all move on with our lives.
@Sunil Dhiman Our relatives are being oppressed in Kashmir, people who we are directly related to, of course we can not ignore our own Pakistani brethren in Kashmir.
@Waqas Mahmood How do you know thats genuine?
@Waqas Mahmood
First prove those forged passports were not planted by the Pakistanis themselves
I smell rats here. When Pakistan is saying that there is no ICJ jurisdiction in this case, how come ICJ is saying that it will announce the result asap. Eyebrows are already raising on the meeting that Mr Nawaz Shareef had with Indian messenger Jindal. Why there is no Pakistani judge in the panel whereas there is a Indian judge present!
@Ayan - indian propaganda is highly digestible fodder for domestic politics in India.
@Gaurav ICJ's credibility is hugely in question after immediate hearing for a Country which has denied jurisdiction of ICJ in the past on numerous occasions. If the ICJ is so keen in taking up cases then Pakistan should promptly move for the implementation of UN resolutions on Kashmir and Palestine. Let us smash on the duplicity of the ICJ and of course UN. Why you refuse to look in the mirror to see your true face??
If ICJ has no jurisdiction , this info. can be simply just sent to them by e-mail or twitter , rather than arguing it in hague and presenting some "proofs and confessions" ..
How come somebody has taken a photo in court? Remember a week before Indian diplomat's phone was confiscated for taking photo at Pak's court. Just a question.
The fact that India is going to such great lengths to save Jadhav is a proof itself that he is a spy... Never saw India so eager and determined to get some of her fishermen released from Pakistani prisons
Why India and all Indian cry here on Dawn pages have no answer for 2 passports?Confessional Video has no value OK, but issuance of 2 genuine passport by a government of India as a Hindu and a Muslim indicates the "spy & terrorist" status of so-called businessman. This you keep forgetting / hiding conveniently...
@KH if you recognize UN then UN resolution on Kashmir's independence should be implemented too, why justice for yourself only and no justice for all? shame on ...
The conflict between India and Pakistan has gone wild and seems like it cannot repaired. The cause of conflict remains the Kashmir issue where Indian forces are carrying out brutal atrocities killing innocent people.
No matter ICJ decides Jadheve is toast. India can turn blue but Pakistan is determined to punish terrorists.
@Humor heart humanity(3H) You do know that ICJ and UN are different entities, don't you????
Mr. Salve - one of the best lawyers in India - charges Rs. 30 lac per day normally. But for Kulbhushan Jadhav case he took just Rs. 1/-
@Lahoriya "Yes he did "confess" from his own free will, too" Confession in custody is not considered free will. If they had brought Jadhav to ICJ and he had confessed or even confessed in Pakistani civilian court, that would definitely be taken into account.
If an Indian spy is captured during his terrorist activities in Pakistan is enough for ICJ to call it to stop penality then why ICJ is not taking action against India which is committing brutual atrocities on people of Kashmir. In fact this is the real area of responsibility of ICJ which is being ignored for more than half century. Double standerd of top court of UN is shameful.
Confessed or was made to confess? They are not the same. Anyone can be forced to admit to things they did not do under duress. I do not know if he was a spy or not, but am just saying that the fact that he "confessed" many mean many things.
Very poorly presented case. The counsel Mr Qureshi appeared lacking confidence. Looked like he was relying more on his fake British accent than credibility of facts he presented. I wonder why Pakistan did not field someone of the caliber and reputation of the likes of Aitzaz Ahsan.
@SL good question and fundamental issue!
@Anil but he impressed no one. Only in India the media is giving false impression, he made case. He failed miserably.
@Dr Ahmad - Melbourne It is a wrongful arrest and will be annulled sooner or later.
@M. Emad exactly
India is a big country with huge population. Some of my friends carried 2 passports 10-15 years ago that I am aware of. If you work on some country you wont be eligible to work on other countries. that's the reason they said. this may be true for Gulf countries. govt cant track all these 2 passport holders. may in future it will not be possible. Even if Mr.Jadav is released, he will be tried in India for having 2 passports. that's an issue for India to handle.
The Movie called VEER ZARA, in it Sharukh Khan had 2 pasports. so he was a spy. game over. Pakistan wins
@M M Khan He may be a spy. However, we presented him before the world after 9 or 11 days of custody. So what went on for 9 or 11 days is not public information. This can bring reasonable doubt in court cases. Also the claims that confessional video had several edits. These shoddy investigations are going against our nation.
It sounds very strange, that one the one hand, Pakistan is asserting that the court has no jurisdiction and on the other, if the report is correct, is asking the court to hear the case on merit. Why was this step taken and who gave the instructions? Why was not the attorney general not involved? May be it is all linked to the PM's visitor. Raymond Davis all over again?
So, I get that Kulbhushan Jadhav confessed to being an Indian spy. But the courts HAVE to PROVE that what he confessed is, in fact, TRUE! There are cases of strange confessions worldwide!
@KJ : This article does not stand completely as the sole arbiter of what the facts are. Fact check!
@Sunil Dhiman : Was Mr. Jadhav also caught for spying in Kashmir in the same case?
@Waqas Mahmood; Many people, including some South Asians have false passports. Get some from a fraud in Thailand....
@Waqas Mahmood; That is for a proper court to establish as to which one is real!
@mkb :Self-incrimination.
@Waqas Mahmood ; One person cannot have two "genuine" passports in his/her name from the same nation.
@SYED H : Sir, have you read about the forged passport scandals internationally? Try the one in Thailand!
@M M Khan : TWO different cases and issues.
India planted this man to carryout terror acts in Pakistan but now when he got caught India is trying all out to free him. India will not succeed. This man has to face the consequences according to the magnitude of his nefarious acts, a doomed person indeed.
"He termed the Indian claim that it was denied consular access baseless."
"Khawar Qureshi told the court that a 2008 agreement between Islamabad and Delhi allowed either country to decide on consular access in cases involving “political or security” issues."
I don't understand this.
No spy can be hanged. What pak can do is to caught the spy and undone him what he was trying to do. Same for India also. Ind and Pak are doing spy work all over in Asia. No one can prove that someone is a spy as he avoid his own identity. Using a fake identity is an offense, which is a proof of a spy work.