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Tuesday, September 3, 2019

What does Pakistan do now?

This article suggests that Pakistan might wind up trying Kulbhushan Jadhav in a civilian court, now that he has been afforded consular access in accordance with the judgment of the International Court of Justice. Excerpt:
The military court option, if Pakistan chooses that path, is likely to stonewall India's options within Pakistan as far as Kulbhushan Jadhav case is concerned. India would then definitely approach the ICJ once again seeking clearer direction -- in the form of interpretation of its July judgment -- to Pakistan for a Kulbhushan Jadhav trial in a civilian court.

If and when this happens, India could be able to engage a lawyer to represent Kulbhushan Jadhav in a civilian Pakistani court. A qualified judge would hear his side of story -- of how he was abducted from Chabahar area of Iran, where he had some business interests. . . .

Hope for a safe release of Kulbhushan Jadhav from Pakistani jail hinges on a review of the military court trial by a civilian court, which will definitely be under the lens of international community. But that hinge is still at some distance into an unseen future.
A civilian trial seems unlikely, and there is little reason to believe the ICJ would require it unless the Pakistani civilian courts' review of the military court proceedings can be shown to be a sham.

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