India on Thursday said its officials were not given “unimpeded access” to Kulbhushan Jadhav in Pakistan.
“After extensive discussions, the Pakistan side conveyed that they were ready to organize consular access on July 16. We were assured that this consular access would be unimpeded, unhindered and unconditional. On the basis of this assurance by the Pakistani Foreign Ministry, two Consular Officers of the High Commission proceeded to the meeting with Jadhav. Regrettably however, neither the environment nor the arrangements of the meeting were in accordance with the assurances of Pakistan,” according to the Ministry of External Affairs
“The Consular Officers were not given unimpeded, unhindered and unconditional access to Jadhav. On the contrary, Pakistani officials with an intimidating demeanour were present in close proximity of Jadhav and Consular Officers despite the protests of the Indian side,” the statement said.
“It was also evident from a camera that was visible that the conversation with Jadhav was being recorded. He was visibly under stress and indicated that clearly to the Consular Officers. The arrangements did not permit a free conversation between them,” it said.
“The Consular Officers could not engage Jadhav on his legal rights and were prevented from obtaining his written consent for arranging his legal representation,” it added.
In the light of these circumstances, the Indian Consular Officers came to the conclusion that the consular access being offered by Pakistan was neither meaningful nor credible. After lodging a protest, they left the venue.
“It is clear that Pakistan’s approach to this matter continues to be obstructive and insincere. It has not only violated its assurance to the ICJ to fully implement the 2019 judgement, but also failed to act in accordance with its own Ordinance,” the MEA said.
According to MEA, Consular access was granted to India after requesting Pakistan for the same more than 12 times over the past year.
“This consular access is of utmost importance, as it is the basis for a process of effective review and reconsideration ordered by the International Court of Justice (ICJ) in July 2019 of the conviction and sentence of Jadhav by a Pakistani military tribunal,” the statement said.
“In May 2020, Pakistan passed an Ordinance, ostensibly to comply with the order of the International Court of Justice. It inter-alia envisaged the Consular Officer of the High Commission of India filing a petition before a High Court for the relevant review and reconsideration. In that context, the contacts and conversations between the Consular Officer and Jadhav assume great importance,” the Ministry said.
“Any conversation between them must necessarily take place in privacy and without the presence of any Pakistani official or recording by Pakistan. It is only then that Jadhav can speak freely without any concerns of reprisal as he remains in Pakistani custody after the meeting. It is already evident that Jadhav has been intimidated repeatedly in the past, including in being made to express his alleged disinclination to seek a review,” it further said.