Kulbhushan Jadhav case: What is consular access and why does it matter?


    India had demanded consular access to Jadhav under the rules of the Vienna Convention on Consular Relations of 1963.

    ET Online
    The International Court of Justice (ICJ) today ruled India was entitled to seek consular access to former Indian naval officer Kulbushhan Jadhav who has been awarded a death sentence by a Pakistani military court.

    India, represented by Senior Supreme Court lawyer Harish Salve, on Monday challenged Jadhav’s death sentence by invoking Article 36 of the Vienna Convention on Consular Relations which provides for consular access to foreign nationals.

    India accused Pakistan of egregious violations of the Vienna Convention on Consular Relations. It contended that Pakistan should have provided the consular officers access to the alleged Indian spy. India also contended that Pakistan failed to inform the accused of his rights in brazen defiance of elementary human rights of an accused.

    What is consular access?
    India had demanded consular access to Jadhav under the rules of the Vienna Convention on Consular Relations of 1963. This is an international treaty that defines consular relations between independent states. A consul, who is not a diplomat, is a representative of a foreign state in a country and works for the interests of his countrymen in the host country.

    Article 36 of the Vienna Convention states that foreign nationals who are arrested or detained be given notice without delay of their right to have their embassy or consulate notified of that arrest. If the detained foreign national so requests, the police must fax that notice to the embassy or consulate, which can then check up on the person. The notice to the consulate can be as simple as a fax, giving the person's name, the place of arrest, and, if possible, something about the reason for the arrest or detention.

    Why is it so important for India in the Jadhav case?
    Jadhav was awarded death sentence afte a secret trial. There is every chance that the trial was a sham. If India gets consular access to Jadhav, it can demolish the Pakistani case by advising Jadhav on the various aspects of the case. Consular access might also mean that Jadhav's own views would get heard. Pakistan had extracted a video confession from Jadhav under force. It could pull off such stunts only by denying consular access to India.

    Consular access would have come in the way of senetencing of Jadhav after a secret trial. Even if Paksitan gives India consular access to Jadhav at this stage, India can help Jadhav and his family extend their legal fight. India will also get access to Jadhav's real version of events leading to his arrest. This information can help India expose Pakistan.


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    1 Comment on this Story

    Swaminathangeethamohan Krishnan1238 days ago
    India has put unprecedented pressure on Pakistan and they have no where to go. People like Mani Shnker Iyer should hang themselves in shame for siding with Pakistan. Any one hate any politician but never let down the mother land and be a traitor. If you are angry with someone kill him using a pistol but never betray the mother land just for advertisement.
    The Economic Times