Jadhav Will Not Be Executed Until Mercy Pleas Exhausted

Islamabad: Days after the International Court of Justice (ICJ) stayed Kulbhushan Jadhav's death sentence, Pakistan said on Thursday that the Indian national would not be executed until he has exhausted his mercy appeals.

Foreign Office spokesman Nafees Zakaria released a statement which he claimed was aimed at addressing "certain misrepresentations/false statements/allegations" made in the Indian media following the ICJ's provisional measures order of May 18 in the Jadhav case. Zakaria asserted that irrespective of the ICJ's stay, Jadhav would remain alive, until he has exhausted the right to request for clemency, initially with the Chief of the Army Staff (COAS) and later with the Pakistan President. He accused the Indian government of misusing the media to create a "false impression of winning" Jadhav's case in the ICJ.

"Indian media, backed by the official quarters, misled people in the two countries by propagating that India has won" in Jadhav's case, he said. "The discussions that ensued in the two countries showed a complete lack of understanding of the matter," Zakaria said.

Jadhav, 46, was in April sentenced to death by a Pakistani military court on charges of "involvement in espionage and sabotage activities" against the country. The ICJ on May 18 stayed the execution of Jadhav. Zakaria said that the ICJ stated clearly that its decision on provisional measures was not concerned with "jurisdiction/ merits" and it considered that Jadhav would not be executed until the full hearing. "This is nothing unusual," Zakaria asserted. He said that a full hearing will take place after the court sets down a timetable on June 8 at the Hague.

Zakaria said that the case at the ICJ concerns whether Jadhav is entitled to consular access. Asserting that Pakistan's position in this matter has been made clear, Zakaria said, "We had sought information from India" on January 23, 2017, on the basis of Jadhav's confession and statements. "India has not responded despite reminders," he said.

The ICJ ruling had triggered criticism of the Pakistan Foreign Office for its "poor handling" and also for its choice of attorney Khawar Qureshi, who presented Pakistan's case before the ICJ.