Jadhav Case (India v. Pakistan): International Commission of Jurists Q&A

The International Commission of Jurists has just released a set of questions and answers on the International Court of Justice's Jadhav Case (India v. Pakistan). There is a link to the Q&A in the NGO's website press release. Excerpt:

12. Under what provisions of the law was Kulbhushan Jadhav tried in Pakistan? Are proceedings of Pakistan’s military courts compatible with international standards?

According to military sources, Kulbhushan Jadhav was tried under the Official Secrets Act, 1923, for “espionage and sabotage activities against Pakistan”. Evidence against Kulbhushan Jadhav includes a “confession” that was later made public and broadcast on Pakistani media.

Pakistan’s Army Act, 1952, allows military courts to hear cases that arise out of the Official Secrets Act. Contrary to media reports, Kulbhushan Jadhav has not been tried pursuant to constitutional amendments that give military courts additional powers to try people accused of belonging to proscribed organizations who commit terrorism-related offences.

Pakistani military courts are not independent and the proceedings before them fall far short of national and international fair trial standards. Judges of military courts are part of the executive branch of the State and continue to be subjected to military command; the right to appeal to civilian courts is not available; the right to a public hearing is not guaranteed; and a duly reasoned, written judgment, including the essential findings, evidence and legal reasoning, is denied.

(Footnotes omitted.)