ISLAMABAD: Pakistan’s position in the ICJ case against Kulbushan Jadhav in relation to merit and jurisdiction is very strong and will only further strengthen, Sartaj Aziz, the prime minister's adviser on foreign affairs and the government's de facto foreign minister, said on Saturday.
Speaking to media representatives in Islamabad, Aziz said it must be noted that the International Court of Justice (ICJ) has made no pronouncement on the issues of merit and jurisdiction.
“The ICJ has only asked Pakistan to keep a stay on Jadhav’s execution until it arrives at a decision,” the senior diplomat said, explaining that when it comes to cases involving the death penalty, the international court has always given a stay order.
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He said the ICJ has not decided on consular access either and has only intimated that the matter will come under discussion.
Aziz said that not only was Jadhav an Indian citizen, he was in fact an officer in the Indian Navy who has also admitted to carrying out espionage activities in Pakistan.
He defended Islamabad’s position saying Jadhav was tried and convicted in line with the country’s constitution and laws, adding that Pakistan’s position was “very strong” in this respect.
Responding to questions in relation to the legal team representing Pakistan, Aziz said Pakistan had “only five days to prepare for the appearance…the decision to send Khawar Qureshi was a unanimous one”.
However, he added that Pakistan will further strengthen its legal team and that it will go forward into the case with full preparation.
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“India's view that it has won this case is only timely because our position will only strengthen on the matter of jurisdiction and merit.”
The adviser seemed confident on Islamabad’s position and said the government’s position was “very clear” and will only improve in the coming stages of the case.
Kulbushan Jadhav was arrested on March 3, 2016, through a counter-intelligence operation in Balochistan's Mashkel area for his involvement in espionage and sabotage activities against Pakistan. He was subsequently sentenced to death by a Pakistani Field General Court Martial (FGCM) in April this year.
India had termed the death sentence awarded to Jadhav “an act of premeditated murder.” It then moved the matter to the ICJ, hoping to get the court to rule the FGCM's decision "illegal" and to get a stay order on the execution. On May 18, the ICJ restrained Pakistan from executing convicted Indian spy Kulbhushan Jadhav until a final verdict in the case.
