[May note the "Top Comment", interjected in the text below, chosen by the Leader.]
http://timesofindia.indiatimes.com/india/domestic-laws-not-vienna-convention-will-guide-decision-on-plea-for-access-to-jadhav-hc-abdul-basit/articleshow/58435725.cms Domestic laws, not Vienna Convention, will guide decision on plea for access to Jadhav: Abdul Basit Sachin Parashar | TNN | Updated: Apr 30, 2017, 09.53 AM IST HIGHLIGHTS Abdul Basit, has said Islamabad will follow domestic laws and not the Vienna Convention in deciding India’s plea on Jadhav Basit told TOI that consular access was not mandatory under a bilateral agreement signed in 2008. Jadhav was arrested in March last year in Balochistan and accused of being a RAW agent. Effectively ruling out consular access+ to Indian national Kulbhushan Jadhav, who is facing death sentence, Pakistan High Commissioner Abdul Basit has said that Islamabad will go by domestic laws and not Vienna Convention on Consular Relations, 1963 (VCCR) in deciding on India's plea for a meeting with Jadhav+ . In an exclusive interaction to TOI, Basit also made a strong pitch for starting the December 2015 Composite Bilateral Dialogue (CBD) which, he insisted, was the right way of addressing even India's concerns on cross-border terrorism, including the delay in Mumbai trial and lack of progress in Pathankot airbase attack case. Basit blamed India for the delay in Mumbai trial saying that progress was linked to the need for Pakistan authorities to examine 24 Indian witnesses. India has requested for consular access to Jadhav on 16 occasions. Basit, however, said the Vienna Convention, to which Pakistan is party, cannot get precedence over domestic laws. While there has been speculation that the sentencing of Jadhav is a sign that the Pakistan army is again asserting itself after the retirement of Raheel Sharif, Basit said that Pakistan PM Nawaz Sharif was still in the "driving seat". To underline the significance of dialogue even in these difficult times, he recalled the Swedish proverb that those who wish to sing always find a song. *What was the immediate provocation for awarding death sentence to Jadhav? And has Pakistan not imperilled bilateral ties further by doing this?* There was no immediate provocation as such. He was arrested on March 3 last year. He faced trial for both espionage and sabotage. And conviction was announced. There was nothing arbitrary or whimsical about it. Even Pakistanis guilty of such offences are sentenced to death *There's some speculation that it might be linked with the disappearance of your former army officer in Nepal...* There's no link with that. We're in touch with the Nepal government over the issue. *Why is Pakistan refusing to allow consular access to Jadhav when it is mandatory under the Vienna Convention on Consular Relations, 1963?* It is not mandatory. For every international treaty, all states do adopt a national legislation in order to implement that treaty. The Vienna Convention doesn't take precedence over our domestic laws. Secondly, we do have a bi-lateral agreement on consular access signed on 21 May 2008 which clearly stipulates that in such security related cases, access would be decided on merit. Frankly speaking, India knows what we're talking about. This is not at ordinary case. *When will Jadhav's parents be allowed to visit Pakistan?* They have applied for visas but at this point of time I am unable to say anything on this. Our authorities will take a decision. The legal course is available to Jadhav. He can approach an appellate court and if his sentence is upheld, he can file a mercy petition with the Pakistan army chief in 60 days. And if that is rejected, he can appeal to the president of Pakistan for mercy. *Nobody seems to know where he is. Is he safe?* Why not? He's in Pakistan and we have seen all the videos of him making those confessions. *What about the overall status of bilateral ties? There's one more reason for India now to shun talks...* I believe it's in our mutual interest to have peace. And that is possible only through dialogue. I would emphasise on uninterrupted and uninterruptible dialogue. I believe we can't escape bilateral engagement for long. To address our problems, especially J&K, which we believe is the root cause of all distrust, engagement is inevitable. It may take one, two or three years but engagement will happen. My contention is why waste time. Why not talk to each other and start the Comprehensive Bilateral Dialogue (CBD) as had been decided in December 2015. We all know what's the next step. It's for the Indian foreign secretary to visit Pakistan and decided the modalities for CBD. We are open to any suggestion. India should let us know when he can visit Pakistan. *On terrorism, whether it's the Mumbai trial or Pathankot investigations, Pakistan doesn't seem to have done enough to address India's concerns...* Terrorism is a big issue for us. India never shared anything on Samjhauta Express attack despite several requests from Pakistan. And Samjhauta happened in 2007, before Mumbai. The trial still continues. And Mumbai is far more complex than Samjhauta. It is necessary that there is full cooperation between the two countries. We are now waiting for the 24 Indian witnesses to go to Pakistan and be examined. We are in touch with India but we need Indian authorities to cooperate fully. We can't do it unilaterally. *But why is there no progress even in Pathankot attack probe?* We need to engage in all such matters to take things forward. Progress on such important issues cannot take place in vacuum. So, whenever we engage in the process as provided by the CBD, we would be discussing all such issues. That would help us push forward all such cases. But why will India talk if there's nothing to address its concerns on cross-border terror? This is where we have philosophical difference in our positions. We strongly believe there should be no pre-conditions. We can always come up with our own such conditions but we can't live in hostility for ever. Terror is very important for us and we would like to discuss it with India. For Pakistan too, terrorism has both internal and external dimension as was reinforced by the arrest of commander Jadhav. *You believe with the sentencing of Jadhav, the Pak army is again becoming more assertive?* Jadhav was arrested when General Bajwa wasn't the army chief. Nawaz Sharif is the elected PM and he's in the driving seat. This discussion is of no relevance. When it comes to Indo-Pak relations, there are state positions on issues. We must understand each other's positions and then seek to engage meaningfully. We need to be more forthcoming and try to reach out. We've always wanted to have normal cooperative relations with India and that is our major foreign policy objective. But if India continues to avoid dialogue, we won't be able to help the cause of long-term peace and stability in the region. Top Comment You asshole porkis. Who the hell on this earth believe you? In order to have Kashmir, you will lose the whole Porkistan. Just wait & watch. Unethical activities won't go on for long Nation Lover You should ask your NSA. We would like to have a comprehensive dialogue. Everything has to be there. As per our bilateral understanding. The foreign secretaries have to meet but that meeting should not take very long. It can be done very quickly from our perspective. J&K has been the core issue and it has to be addressed politically. We're glad to see many Indian voices suggesting the same. It is the primary reason for our mutual distrust and all our other problems. The only viable way forward is to resolve the issue of Kashmir according to the wishes of the people. The current situation only reinforces what Pakistan has been saying about it being a legitimate struggle?. *Do you think the two PMs could meet in Kazakhstan at the SCO summit.* There's no such proposal now. It's up to the two PMs to decide if they want to meet or not. -- Peace Is Doable -- You received this message because you are subscribed to the Google Groups "Green Youth Movement" group. To unsubscribe from this group and stop receiving emails from it, send an email to [email protected]. To post to this group, send an email to [email protected]. Visit this group at https://groups.google.com/group/greenyouth. For more options, visit https://groups.google.com/d/optout.
