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Sachin   18 May 2017

Kulbhushan jadhav case: human rights under vienna convention

Hello friends,

I read a rather disturbing comment by a London based Pakistani lawyer about human rights in Vienna Convention. Pasting the quote here-

“It is very clear, article 5 B of the Vienna Convention, that if a civilian is caught he is subject to human rights law. But if it is a spy, then human rights are forfieted. So I don't think we presented the case quite well.” The quote is by Rashid Aslam that appeared in a story by Dawn newspaper. https://www.dawn.com/news/1333924/pakistan-made-a-mistake-criticism-at-home-over-icj-decision

I tried looking for the relevant article of the convention, but didn't find it. Can anyone please point me in the right direction. Just want to make sure that the Pakistani lawyer is right. Thanks!



Learning

 2 Replies

Raveena Kataria (Advocate )     21 June 2017

Commonly, there are two treaties dealing with rights of a citizen in a foreign nation, Vienna Convention on Diplomatic relations, 1961, and Vienna Convention on Consular relations, 1963. I don't have any instance or knowledge of a treaty which could be used to support Aslam's claim. But I guess there's a reason the ICJ passed an interim order for staying of Jadhav's execution, since not only are the Pakistani Authorities violating Jadhav's right of being tried within the jursidiction of his own state (even if he is a spy,) but they also lack the evidence for it. (The confessional tape was NOT considered by the ICJ as authentic proof.)

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