“Unfortunately, neither the environment nor the terms of the meeting matched Pakistan`s assurances. Consular officers did not have unhindered, unhindered and unconditional access to Shri Jadhav,” he said. Already strained diplomatic relations between India and Pakistan, which have fought three wars, have deteriorated since they ousted half of the other`s diplomatic staff last month. Note: The article has been updated with news of the final outcome of consular access. This afternoon, Pakistan`s Foreign Ministry issued a statement that two senior Indian high-ranking officials of the High Commission “had uninterrupted consular access to Commander Jadhav after 1500 hours.” The meeting between Jadhav and Indian officials was the second since the ICC`s ruling. However, Pakistan had argued that the VCCR did not provide for “private” consular access, with paragraph 2 of Section 36 stating that the right should be exercised “in accordance with the laws and regulations of the host state.” Asked whether an ICJ ruling would open the door to a stronger third-party intervention, which has so far hated India, Luthra said: “The door has always been open. The scope of international treaties at the ICC does not create new access, but merely indicates an internationalization of human rights issues, which can go both ways. At a briefing on 27 April, Nafees Zakaria, spokesman for Pakistan`s Ministry of Foreign Affairs, hinted at his government`s preference for the 2008 bilateral agreement. The first meeting was held on video and took place in Pakistani officials, although India insisted on “full” and “unhindered” consular access. Under Article 36 of the Vienna Convention, consular officials are “free to communicate with nationals of the State of origin” (the country whose nationality is in prison), “the right to visit a national of the State of origin who is in prison” and “the host state (the country in which the national is detained) immediately informs the consular representation of the State of origin (whether a national of that state is arrested or in prison) “. Already last year, Pakistan`s Foreign Ministry said it had “granted India uninterrupted consular access for Commander Jadhav.” Srivastava stressed that if the Indian High Commission were to file a petition with the Supreme Court, “contacts and discussions between the consular officer and Shri Jadhav are of great importance.” The term “political or security reasons” is critical because it refers to what is commonly referred to as “spies.” Essentially, the agreement frees spies from obtaining the same privileges that signatories to the Vienna Convention (such as India and Pakistan) must grant the citizens of the other in prison. “We have repeatedly made it clear that Pakistan and India signed a consular access agreement in 2008, in accordance with Article 6 of this agreement… In cases where arrests and arrests are political or security matters, the request for consular access to the merits is decided. That remains our consistent position,” he said.
Just in India says that Indian consular officers did not have unhindered, unhindered and unconditional access to #KulbhushanJadhav of Pakistan. – Pakistani officers were present – the meeting was recorded – prevented from presenting a written authorization for the legal representation pic.twitter.com/hl8aXnPLJJ INDIA AND Pakistan on Monday before the International Court of Justice (ICJ) their first arguments on the Kulbhushan Jadhav case, but a bilateral consular access agreement between the two countries in 2008 could be the key to this complex legal issue.