The ICJ president, Judge Abduylqawi Yusuf, after hearing and seeing the Kulbhushan Jadhav matter closely, was at the opinion that Pakistan has breached the obligations that it had under the Vienna Convention.
“..there is no provision in the Vienna Convention containing a reference to cases of espionage; nor does the Article concerning consular access, Article 36, exclude from its scope certain categories of persons, such as those suspected of espionage,” he said. Which mean, Vienna Convention was fully applicable to the case.
The favourable statement that ICJ chief has made in the Kulbhushan Jadhav matter ups the chances of Jadhav’s rescue.
While Pakistan military court had put charges of espionage and terrorism on Jadhav, a former Navy Officer, and sentenced him to death, India had made pressure by involving the ICJ in the matter. India maintained the stance that Jadhav had been running a business in Iran and was abducted and taken to Pakistan.
The chances of Jadhav’s rescue was enhanced once it was brought to ICJ’s notice that Pakistan didn’t meet the responsibility of giving humane treatment or even informing India about the matter. The consular access was denied as well, all of which stands in violation of the Vienna Convention on Consular Relations, 1963. Resultantly, the ICJ had ordered Pak to review the Death Sentence.