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Pakistan Sentences Kulbhushan Jadhav to Death

Discussion in 'International Relations' started by Lion of Rajputana, Apr 10, 2017.

  1. layman

    layman Aurignacian STAR MEMBER

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    Kulbhushan Jadhav death sentence: India, Pakistan hold many ‘agents’ in each other’s custody
    Published April 16, 2017
    SOURCE: Hindustan Times

    [​IMG]

    From left) Sunil, David and Daniel Mashi — three men who were jailed in Pakistan for espionage.
    Former naval officer Kulbhushan Jadhav is not the only Indian in Pakistan’s custody on charges of spying. There are 13 others lodged in Pakistan jails, facing similar charges.More than 30 Pakistanis too were found to be lodged in Indian prisons – either convicted on charges of spying or facing trial — as per a 2015 list.

    Jadhav is also not the only Indian to whom Pakistan has denied consular access.

    The neighbouring country earlier refused consular access to Hamid Nehal Ansari, a 27-year-old management teacher from Mumbai, who went to Pakistan in search of a woman he fell in love on Facebook.

    He disappeared after reaching Kohat near Peshawar. Later, during a court hearing in Pakistan, it transpired Ansari is in the custody of Pakistani intelligence agencies.

    In all there are 208 Indians in Pakistani jail. Among them 174 are fishermen.

    “Among the civilian prisoners, 13 are facing espionage charges,” said a government source.

    India and Pakistan started exchanging list of nationals of each country lodged in other country’s jails following an agreement on consular access signed in 2008.

    Under the agreement, twice every year — on January 1 and July 1 — both the countries exchange the lists of prisoners (civil as well as fishermen) through diplomatic channels simultaneously at New Delhi and Islamabad.

    Despite a chill in relations between the two countries, the last exchange of lists took place on January 1 this year.

    At the time of last such exchange, the ministry of external affairs had said India remained committed to addressing with Pakistan on priority the humanitarian matters, including those pertaining to prisoners and fishermen in each other’s country.

    “In this context, we await from Pakistan confirmation of nationality of those in India’s custody who are otherwise eligible for release and repatriation. We also await consular access to those Indian nationals in Pakistan’s custody for whom it has so far not been provided including Hamid Nehal Ansari and Kulbhushan Jadhav,” said an Indian external affairs ministry’s statement during the exchange of list.

    Of the Pakistani nationals facing trial or undergoing sentence on the charges of spying in India, many have served their sentence but can’t be deported as Pakistan refuses to accept them as its citizens.

    Sajeed Muneer, for instance, spent about 12 years in Indian jail for espionage before being released on June 5 last year. Pakistan does not acknowledge him as its national and hasn’t responded to India’s request to take him back. For the past 10 months, Bhopal police are taking care of his daily needs at a safe location.

    Masood Akhtar, another Pakistani national accused of being an ISI agent, was sentenced to 14 years of rigorous imprisonment in 2003. He was due for release but is still lodged in Ambala central jail. Jail officials say till the time they don’t get communication for his deportation from the ministry of foreign affairs, he will not be released.

    The district magistrate issues orders every month for the extension of his imprisonment.

    Activists of an Indo-Pak peace initiative,’ Aaghaz-e-Dosti’ had accessed both the lists that were exchanged on July 1, 2015 through Right to Information Act in India.

    The list had names of 251 Pak prisoners lodged in Indian jails. HT reviewed the charges against them and found that 31 among them were lodged either on the charges of collecting secret information or violation of Official Secrets Act.

    Professor Bhim Singh, a patron of the National Panthers Party, has been fighting for release of those Pakistani prisoners who have completed their sentence and eligible for release.

    “I filed a petition in the Supreme Court in 2005 and hearing is still on in the matter. Following the litigation, on the directions of the top court, more than 500 Pakistani prisoners have been released,” Singh told HT.

    Singh is approaching the Pakistani Supreme Court for providing legal aide to Jadhav.

    India was about to release around a dozen Pakistani prisoners but following the announcement of death sentence to Kulbhushan Jadhav by a Pakistani military court, it has decided to put on hold the release.
     
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  2. layman

    layman Aurignacian STAR MEMBER

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    Iran’s silence on Jadhav baffling
    Published April 17, 2017
    SOURCE: THE HINDU

    [​IMG]

    The lack of investigative support from Iran on the Kulbhushan Jadhav case has raised questions about the overall state Tehran-New Delhi security cooperation, say experts. Iran is a strategic partner in India’s outreach to Afghanistan and Central Asia, but its silence on the Kulbhushan case has baffled many.

    “Iran has nothing to gain in getting involved in the case of Kulbhushan Jadhav and perhaps that is why they have not responded to our request for information on how he was nabbed by Pakistan,” said the former Foreign Secretary Shyam Saran.

    No response to request
    Tehran’s silence became clear when the External Affairs Ministry said it had not responded to India’s request for investigation in the case.

    “We have informed the government of Iran last year about this matter. As to the progress of investigation, if they are conducting and where it is, I don’t have any information at this stage,” said Ministry spokesperson Gopal Baglay. India has maintained that Kulbushan Jadhav had been engaged in “legitimate business” in the Iranian port of Chabahar and was kidnapped by Pakistani agents. However, this part of the Indian narrative can be corroborated only if Iran comes forward with an investigation.

    After years of cooperation, the port of Chabahar received more attention during the visit of Prime Minister Narendra Modi to Tehran last May when both sides signed a trilateral agreement with Kabul to develop the port and connect it with Afghanistan.

    Proximity to Saudis
    Mr Saran said Iran understands well that its careful balancing of ties between Pakistan and India would be affected if it were to support India with detailed information that would implicate Pakistan or put India in an uncomfortable position.

    “Iran always feels that India balances the Arab Gulf countries with Tehran, but the fact is that Iran also balances its ties with Pakistan with its India connections,” Mr. Saran said.

    Iran and Pakistan had also clashed over alleged Indian espionage from Chabahar during President Hasan Rouhani’s March 2016 visit to Pakistan.

    Pakistan had aired the video of Kulbhushan Jadhav’s alleged confession on disruptive activities in Pakistan during Mr. Rouhani’s visit and linked it to Chabahar, which drew a strong response from Iran’s envoy to Pakistan.

    Commentators also believe that Iran is uncomfortable with India’s growing proximity to Saudi Arabia and the UAE and its non-cooperation on the case of Mr. Jadhav is indicative of a larger bilateral problem.

    “India’s growing ties with GCC states are naturally viewed by Iran with some concern. India should try to upgrade strategic ties with Iran especially since they have been steady security partners since the late 1980s,” said Parvez Nayeri, an Iranian commentator.

    He also pointed out that bilateral energy ties were also not in the best shape because of Iran-India disagreement over the Farzad-B gas field which Iran had promised to India. Following pricing issues over the gas field, India has begun to cut gas imports from Iran.

    Mr. Saran said Iran was choosing to be prudent in avoiding the problems over espionage between India and Pakistan, as the benefits of being non-cooperative far outweigh the gains.
     
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  3. OverLoad

    OverLoad BANNED BANNED

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    Mani Shankar Aiyar




    Can we get Kulbhushan Jadhav back? If so, how?

    We have tried one way. At the debate in parliament, the entire Opposition joined hands with Sushma Swaraj in proclaiming Kulbhushan's innocence, condemning Pakistan's military-run kangaroo court, and demanding Kulbhushan's repatriation. In response, Pakistan's opposition parties combined with their government in proclaiming Jadhav's guilt, upholding Pakistan's Army Act, and demanding that the prescribed legal processes be pursued to uphold the military court's sentence of death. Outcome: the Pakistanis have him; we don't.

    So we must find another way. That might be to check out the relevant international conventions, find one that both Pakistan and India have ratified, hire the best international law attorneys available, and seek justice for Kulbhushan through due process. I am no expert in international law and would not, therefore, claim to know how exactly to carry forward this option, but I do know enough of international chicanery to believe that whatever the outcome of international processes, it is politics more than the law that determines international judicial outcomes. We are, of course, much closer to the Western powers than we were in the past. But because we have let Russia drift away from us and the Chinese continue to be estranged, I am not sure whether the relevant clauses of the international convention under which we decide to seek recompense will work out in Kulbhushan's favour. I also note that Great Powers who have been involved in this spy v/s spy business have never resorted, as far as I know, to international tribunals to pluck their nationals from the other side's custody.

    A second way is to appeal to the international community. We have already spread the word around the world about how Pakistan is a global terrorism sponsor, how there is a "Deep State" in Pakistan that is unrestrained in the nefarious work it does, that the formal government is complicit in all this underhand activity, that it is not the government but the army and intelligence that determine Pakistan policy, that the whole world is threatened by this "failed state", that a peculiarly barbarous version of Islamization is Pakistan's motivating ideology, and that it is, therefore, incumbent on the international community to isolate Pakistan and, Inshallah, promote such regime change as would make Pakistan a fount of sweet good sense.

    The world has politely listened. And gone about its own business. They have other interests that go back to the last phase of the twin movements for Independence and Partition. The British establishment believed their crowning achievement to have been the unification of a congeries of disparities into a single nation; the British defence authorities were, however, much more concerned with the military opportunities that a divided sub-continent would offer British global interests. They argued that British geo-political hegemony in the region stretching from Afghanistan through Iran to the Gulf to Iraq, Jordan, Palestine and Israel crucially depended on granting Pakistan a separate state because that state would be happy to offer the West military facilities that Nehruvian India would doubtless deny them. The Defence view won out and Pakistan was granted. In the last 70 years, Pakistan has thwarted India and cocked its snook at us precisely because its geo-strategic position makes it vital for the West, and now, the Russian Federation, to cultivate our neighbour, while China uses its vice-like grip on Pakistan to outwit India. It is unlikely that any of them will be moved by the brilliant forensic and persuasive diplomatic arguments of our Foreign Office to save Commander Kulbhushan Jadhav (retd).


    So, if neither unanimous domestic outrage in India nor the stern reach of international law nor the global outreach of our well-travelled Narendra Damodardas Modi can rescue Kulbhushan, is there no hope for him? Oddly enough, yes. For there are at least three options we have that might yet save the young, 46-year old former naval commander who has been under Pakistani incarceration since April 2016, that is, since about one whole year.

    First, that the appeals process provided for in Pakistani legislation and the ultimate power of the Pakistan President to commute judicial sentencing might be availed of by us to ensure the best available international legal assistance to Kulbhushan Jadhav. I have seen a news report that says Pakistan has threatened any Pakistani lawyer who attempts to come to Kulbhushan's aid. Our mission in Islamabad and our formidable bank of international law experts might perhaps be leveraged to see how our poor retired naval commander, who for a decade or more has been running an innocent business at Chahbahar and Bandar Abbas ports in Iran, might be rescued through top-class legal intervention. The excellent relations that both India and Pakistan enjoy with Iran make me inclined to believe that an outstanding Iranian law team, rather than an attempt to cobble together one in the British Inns of Court, might provide the answer.

    Second, some quiet bilateral diplomacy. Rumour has it that our two National Security Advisers, Doval and Janjua, enjoy a warm personal rapport. If so, then there is no time like the present for them to secretly explore what Pakistan might do, without apparently giving away anything to India, to get Jadhav released or clandestinely shunted back to India. After all, there is a recent precedent. On the day of the "surgical strike", 29 September 2016, the Indian jawan, Sepoy Chandu Babulal Chavan, strayed across the Line of Control and was picked up by the Pakistani armed forces. There ensued talks between the Directors-General of Military Operations (DGMOs) of both countries despite their respective governments not talking to each other. In the third week of January, the unpublicized DGMO-level dialogue resulted in Pakistan returning Babulal Chavan to Indian custody under cover of the face-saving claim that Babulal had not "inadvertently" but "voluntarily" crossed the LoC because he had "grievances of maltreatment against his commanders" and Pakistan, in its infinite benevolence, had sent him back because, "being an Indian national", he should be given the opportunity of "addressing his grievances through local grievance mechanism"! Pakistan may be lying through its teeth, but at least Chandu Babulal Chavan is back home.


    I think the critical point about Babulal finding his way home is not due to some Pakistani Bajrangi Bhai, but to what the Indian army officially attributed in this context to "the existing hotline and scheduled DGMO talks". It shows that if we were to establish appropriate institutional mechanisms to deal with such incidents, Kulbhushan Jadhav and other such unfortunates might yet find justice without loud diplomatic protest or public lamentation. We need such institutional mechanisms and channels to work out constructive solutions to serious conundrums. That could inevitably be one outcome of "uninterrupted and uninterruptible" negotiations on outstanding issues with Pakistan.

    A third option might be to deploy our secret service to assist Kulbhushan Jadhav in a dramatic escape from detention. Alternatively, such assistance might be organized through the underground. There is the precedent of George Blake, a British national who was unearthed as a Soviet spy in 1961 and sentenced to 42 years in a really high-security prison outside London, Wormwood Scrubs. Five years later, he was helped by two fellow inmates to escape from Wormwood Scrubs. He fled to East Germany and went from there to the Soviet Union. When the Soviet Union became the Russian Federation, Blake remained a celebrity in Moscow, where he has happily spent more than half his long life that has now crossed 95 years. It is said that he continues to be a major player in the Russian secret service. Neither Britain nor the Soviet Union, nor Britain and the Russian Federation have ever considered severing relations with each other or refusing to talk to one another over the Blake affair. Can we similarly spring Jadhav from Pakistani custody? I rather doubt it.

    Which is why one might turn to another option that remains: a spy swap. In this regard, I draw attention to a story that has been hugely played up in the Pakistani media but dealt with rather more circumspectly by our own otherwise "breaking news" hunting media-maniacs: the disappearance into thin air of a retired Pakistani lieutenant colonel soon after he landed in Kathmandu. According to Pakistani news reports, he had been lured to Kathmandu by club-class return tickets and a job offer of USD 8,500 a month. We may have absolutely nothing to do with the incident, but there is speculation that it was this disappearance that triggered the death sentence on Kulbhushan. In case we have this retired Pakistani lieutenant colonel in our custody, can we consider swapping a retired lieutenant colonel for a retired naval commander? Or, alternatively, any other equivalent Pakistani spy we have ferreted out? It is entirely possible that we do not have any Pakistani spies to exchange. But if that is the case, it would imply either that the Pakistanis are such good guys that they send no spies to India - or that our agencies are so incompetent as to have never caught one. Since neither proposition is tenable, I can only assume we have Pakistani spies under detention, just as we certainly have Pakistani and Pakistan-inspired terrorists under our charge. Notoriously, Jaswant Singh (who was perhaps just the fall guy) released a whole posse of such terrorists (including Masood Azhar who went on to establish the Jaish-e-Mohammed that wreaks terrorist havoc on India) to swap for the passengers of the hijacked Kathmandu-Delhi flight. We might consider swapping one or more Pakistani detainees, if we have any, for Kulbhushan Jadhav.

    In this regard, it may be useful to consider some classic precedents. Perhaps the most famous case tangentially involving Pakistan was the U-2 spy case of 1960-62. Francis Gay Powers was a US air force pilot who fell in with a CIA plan to induct him into what was innocently called The "Second Weather Observation Squadron", but was actually a very hi-tech US spying exercise using the most sophisticated military aircraft in existence then, the U-2. On 1 May 1960, the U-2 took off from an air force base in Peshawar that had been leased by Pakistan to the US "to fly all the way across the Soviet Union," as Powers himself wrote in his autobiography, Operation Overflight. "The planned route," he continues, "would take us deeper into Russia than we had ever gone, while traversing important targets never before photographed." Unfortunately for the CIA, and tragically for Powers himself, his U-2 was shot down in the Urals over the city of Sverdlovsk. He ejected from the aircraft, but failed to swallow the poison pill that he had been provided, just like any Islamist jihaditoday. He also failed to activate the destruct mechanism that was designed to destroy the aircraft. The Soviets thus got both the pilot and substantial parts of the U-2, enough to convict the spy despite the weak defence put up by the CIA that it was just "a weather plane" that had strayed off course because of "difficulties with its oxygen equipment" - a story that only made a laughing stock of the CIA the world over. A few months later, on 10 February 1962, the drama ended when Powers was exchanged for a Soviet spy in US custody, Vilyam Fisher, who went in America by the name of Rudolf Abel.

    Even after the collapse of the Soviet Union and the emergence of the Russian Federation, the spying game went on. As recently as 2010, an extraordinarily sexy socialite, Anna Chapman, who moved in the highest circles of US government and business, was fingered by the CIA as one of an army of Russian spies recruited from, or infiltrated into, the large community of Russian immigrants in the US. By June 2010, a swap was arranged under which Chapman and eleven other Russians (a full Dirty Dozen!) - Mikhail Vasenko, Vicky Pelaez, Andrey Bezrukov, Yelena Vavilova, Vladimir and Lydia Guryev, Mikhail Kutsik, Natalia Pereverzeva, Mikhail Semenko, Pavel Kapustin, and Alexey Karetnikov - were exchanged for five US spies in Russian custody - Igor Sutyagin, Sergei Skripal, Aleksandr Zaparozhsky, Gennady Vasilenko, and Alexander Sypachev.

    Why can't we do something similar?

    (Mani Shankar Aiyar is former Congress MP, Lok Sabha and Rajya Sabha.)

    Disclaimer: The opinions expressed within this article are the personal opinions of the author. The facts and opinions appearing in the article do not reflect the views of NDTV and NDTV does not assume any responsibility or liability for the same.

    http://www.ndtv.com/opinion/3-optio...lbhushan-jadhav-1682241?pfrom=home-topstories
     
  4. A_poster

    A_poster Captain FULL MEMBER

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    What makes you think that we are interested in saving Kulbhushan? We may simply be putting up a theater, while silently praying that you murder him so that we could provide you with appropriate response.
     
  5. OverLoad

    OverLoad BANNED BANNED

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    Dear Mr. Iyer,

    The options you have mentioned are for spies and soldiers but Mr. Kulbushan caught red handily inside Pakistan and confessed epsonage and terrorism.
    As per international law Geneva convention does't apply on terrorists either in uniform or without uniform.
     
  6. InfoWarrior

    InfoWarrior Lieutenant FULL MEMBER

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    That's it, utilize Indus river waters to maximum. Divert Chenab to India.
     
  7. layman

    layman Aurignacian STAR MEMBER

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    Can’t give India consular access to Kulbhushan Jadhav: Pakistani army
    Published April 17, 2017
    SOURCE: PTI

    [​IMG]

    Upping the ante, Pakistan’s army on Monday ruled out consular access to Kulbhushan Jadhav, days after India had made a strong case for the access to the Indian prisoner on death row.

    Jadhav, 46, was awarded death sentence by the Field General Court Martial last week, evoking a sharp reaction in India which warned Pakistan of consequences and damage to bilateral ties if the “pre-meditated murder” was carried out.

    “Under the law we cannot give consular access to Kulbhushan who was involved in spying,” Pakistan Military spokesman Major General Asif Ghafoor told reporters.

    However, Indian officials in New Delhi maintained that there was no communication from Pakistan on the denial of consular access.

    Pakistan has denied India’s request for consular access to Jadhav over a dozen times in the last one year.

    On Friday, Indian High Commissioner in Islamabad Gautam Bambawale had met Pakistan foreign secretary Tehmina Janjua and demanded a certified copy of the charge-sheet as well as the army court order in the Jadhav case, besides seeking consular access to the retired Indian navy officer.

    Addressing the media in Rawalpindi on Monday, Maj Gen Ghafoor said that Jadhav was involved in anti-state activities so he had to face court martial.

    “It was duty of the army (to apprehend and punish him). We have not compromised on it and awarded him punishment. We will not compromise on this issue in future also,” he said.

    He said all legal requirements were fulfilled in the trial of Jadhav which resulted in his conviction.

    “The court martial is based on such evidence which cannot be refuted at any forum,” he said.

    He said the Indian man can appeal against the judgement in the army appellate court and then to the army chief against the decision of the appellate court.

    The spokesman said the convict can also file an appeal to the Supreme Court and the president of Pakistan.

    “We will defend his conviction at every forum,” he said.

    Pakistan claims its security forces had arrested Jadhav from the restive Balochistan province on March 3 last year after he reportedly entered from Iran. It also claimed that he was “a serving officer in the Indian Navy.”

    The Pakistan Army had also released a “confessional video” of Jadhav after his arrest.

    However, India denied Pakistan’s contention and maintained that Jadhav was kidnapped by the Pakistan authorities.

    India had acknowledged that Jadhav had served with the navy but denied that he has any connection with the government
     

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