[JURIST] The International Court of Justice on Thursday instructed [press release] Pakistan to withhold the execution of an Indian national until after the court's final decision his case. The Jadhav Case (India v. Pakistan) [ICJ docket] centers on alleged violations of consular rights that predated the death sentence [JURIST report] of Kulbhushan Sudhir Jadhav, who is accused of being a spy. India brought the case before the court arguing they have no knowledge of the charges against Jadhav, nor are they aware of the judicial proceedings against him. The ICJ noted they have jurisdiction to hear the issues and indicated Pakistan did not promised to suspend the execution as justification for their ruling.
The Court concludes by indicating the following measures: Pakistan shall take all measures at its disposal to ensure that Mr. Jadhav is not executed pending the final decision in these proceedings and shall inform the Court of all the measures taken in implementation of the present Order. The Court also decides that, until it has given its final decision, it shall remain seised of the matters which form the subject-matter of this Order.The execution is scheduled for August.
Pakistan's use of the death penalty since December 2014 in both the civilian and military courts has faced widespread criticism. When the country's six-year death penalty moratorium was lifted [JURIST report] that month, Prime Minister Nawaz Sharif [official profile] said the death penalty would only be applied to terrorism-related cases. However, in March of last year the Pakistan Ministry of Interior lifted the country's moratorium on the death penalty, permitting hangings for all prisoners [JURIST report] who have exhausted all possible appeals. The UN estimates that several hundred of the 8,000 inmates on Pakistan's death row are minors [JURIST report].