India on Monday put up a spirited defence and urged the International Court of Justice to immediately suspend the death sentence awarded to former Navy officer Kulbushan Jadhav in Pakistan, saying the Indian national was convicted on 'concocted charges' and there was fear that he may be executed even before the court decides the case.
1. India believes that the farcical nature of proceedings and unjust trial by a Pakistani military court in egregious violation of the rights of consular access has led to serious miscarriage of justice.
2. An innocent Indian national, who, incarcerated in Pakistan for more than a year on concocted charges, deprived of his rights and protection accorded under the Vienna Convention, has been held incommunicado... and faces imminent execution.
3. Pakistan repeatedly denied consular access to India and no document of Jadhav's trial process was given by Islamabad.
4. All requests for consular access to Kulbhushan Jadhav fell on deaf ears.
5. Human rights which are treated as basics have been thrown to the wind by Pakistan.
6. Jadhav was framed on confessional statements extracted from him when he was in Pakistan's military custody.
7. It is clear that Jadhav has been denied of his right to seek legal counsel. There is an immediate threat to him to be executed even before a judicial decision is passed.
8. Pakistan has not provided the chargesheet, any evidence or materials presented against Jadhav in the case despite repeated requests by consular officers.
9. Jadhav has neither consular access nor legal representation even at this stage. It's not known if Jadhav will seek clemency in Pakistan court. Pakistan will be guilty of war crimes if ex-Navy officer is hanged.
10. Visa application filed by Kulbhushan Jadhav's parents is still pending.
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