Consular access to Kulbhushan

Why is it in the news?
  • Pakistan has offered consular access to Kulbhushan Jadhav.
  • Jadhav was arrested in Pakistan’s restive province of Balochistan in 2016 and accused of terrorism and spying.
  • Jadhav was sentenced to death by a Pakistani military court on charges of espionage and terrorism.
More in the news
    • The International Court of Justice (ICJ) had ordered on July 17 that Pakistan must undertake an “effective review and reconsideration” of Jadhav’s conviction and sentencing.
    • The ICJ had also asked Pakistan to grant consular access to Jadhav without delay.
    • The ICJ upheld India’s stand that Pakistan is in egregious violation of the Vienna Convention on Consular Relations, 1963. 
    • India's response:
      (1) As per Indian foreign ministry spokesman, India is evaluating the proposal in the light of the judgement of the International Court of Justice.
      (2) He said India will maintain communication with Pakistan in this matter through diplomatic channels.
    • Consular Access:
      (1) Consular access simply means that a diplomat or an official will have a meeting with the prisoner who is in the custody of another country.
      (2) Usually, during the meeting, the diplomat will first confirm the identity of the person, and will then ask some basic questions on how he/she is being treated in custody, and what he/she wants.
      (3) Depending on the response, the diplomat/official will report back to his/her government, and the next steps will be initiated.
    • Convention:
      (1) The Vienna Convention on Consular Relations (VCCR) was framed in 1963, at the height of Cold War.
      (2) Under Article 36 of the VCCR, at the request of a detained foreign national, the consulate of the sending State must be notified of the detention “without delay”.
      (3) The consulate has the right “to visit a national of the sending State who is in prison, custody or detention, to converse and correspond with him and to arrange for his legal representation”.
Source
The Hindu.




Posted by Jawwad Kazi on 2nd Aug 2019