Consular Access Agreement 2008 India Pakistan Upsc

The 1963 Vienna Convention on Consular Relations is an international treaty that establishes a framework for consular relations between independent States. A consul usually operates from an embassy in another country and performs two functions: When asked if a decision by the International Court of Justice would open the door to a major third-party intervention that India has so far hated, Luthra said: “The door has always been open. The scope of the ICJ`s international treaties does not create a new approach, but merely signals an internationalization of human rights issues that can work both ways. Nafees Zakaria, a spokesman for Pakistan`s foreign ministry, alluded to his government`s preference for the 2008 bilateral agreement during a briefing on April 27. India and Pakistan presented their first arguments in the Kulbhushan Jadhav case to the International Court of Justice (ICJ) on Monday, but a bilateral consular access agreement between the two countries in 2008 could be key to this complex legal issue. Article 6 of the “Convention on Consular Access”, which was concluded on 21 September. Signed in Islamabad in May 2008 by High Commissioners Shahid Malik of Pakistan and Satyabrata Pal of India, it states: “In the event of arrest, detention or conviction for political or security reasons, either party may consider the case in this case. According to article 36 of the Vienna Convention, consular officers are “free to communicate with nationals of the sending State” (the country whose national is in prison), “have the right to visit a national of the sending State who is in detention” and “the receiving State (the country in which the national is detained) to inform without delay the consular representation of the sending State, a national of that State is arrested or imprisoned. Jadhav, Zakaria said, “worked for (India`s intelligence agency) R&AW and was caught red-handed. He confessed and was tried for espionage activities.

That is, the Pakistani state has called Jadhav a “security prisoner” and would prefer to apply the 2008 bilateral agreement to him rather than the Vienna Convention. However, Indian officials insist that the 2008 agreement and Clause 6 cannot violate the 1963 Vienna Convention, to which both countries are parties. Background: Pakistan will grant consular access to kulbhushan Jadhav. “We have made it clear on several occasions that Pakistan and India signed a consular access agreement in 2008, and in accordance with clause 6 of that agreement. in cases where the arrests and arrests relate to political or security issues, the request for consular access shall be decided on the merits. This remains our constant position,” he said. Consular access is an exception. Without them, the nationality of the person will not be confirmed and the repatriation process will not be able to begin. Although the agreement does not provide for a time limit, there are many cases in which both countries have not confirmed their citizenship for a maximum period of 18 months, in which men arrested languish in prisons. Indian fishermen find themselves in Pakistani waters and are arrested by the authorities for entering their territory illegally.

The problem was exacerbated by the lack of agreement on the maritime boundary and the dispute over Sir Creek at Kutch. India and Pakistan on Wednesday agreed to jointly fight terrorism and signed an agreement on consular access for prisoners in their respective countries. India-Pakistan Agreement – tries to solve the problem. India and Pakistan signed the Consular Access Agreement in 2008. Despite some shortcomings, it was important. The term “political or security reasons” is essential because it refers to what are commonly referred to as “spies.” Essentially, the agreement exempts spies from receiving the same privileges that signatories to the Vienna Convention (such as India and Pakistan) must grant to their respective citizens in prison. The Indian High Commissioner to Pakistan, Satbyabrata Pal, and the Pakistani High Commissioner to India, Shahid Malik, signed the agreement on consular access for prisoners. The agreement came after Indian Foreign Minister Pranab Mukherjee held talks with his Pakistani counterpart Shah Mehmood Qureshi and completed the review of the fourth round of the composite dialogue process between the two countries.

The Treaty provides for consular immunity. The treaty has been ratified by 180 states. A joint statement issued after the talks said they took place in a friendly and constructive atmosphere. At the end of the talks, Mukherjee stressed the three pillars of India`s engagement in Pakistan: an atmosphere free of terrorism and violence, a willingness to solve all problems and build a normal and cooperative relationship. This is a mandate for Nitish Kumar: Sushil Modi, MP for Bihar, | An Indian fisherman named Ramesh Taba Sosa is the latest victim of an inhumane and twisted system involving India and Pakistan. Sosa died in a hospital in Malir prison in Karachi, Pakistan, and his remains have not yet been returned. WATCH: West Bengal BJP leader Dilip Ghosh threatens TMC cadres at rally Nitish Kumar won over Prime Minister Modi: LJP leader Chirag Paswan These include an increase in the frequency of Muzaffarabad-Srinagar and Rawalkot-Poonch bus services from fortnight to week and the definition of the terms of trade in Kashmir and truck services. Synopsis: The India-Pakistan Consular Access Agreement is inactive. Hundreds of Indian fishermen have been suffering in Pakistani prisons for years, with no end in sight.

The two sides agreed on a series of confidence-building measures beyond the Line of Control that will improve people-to-people contacts and help take advantage of convergences and reduce differences in Kashmir. “Stable, prosperous and peaceful Pakistan and India are in our mutual interest,” Mukherjee said at a joint press conference with Qureshi. The preamble to the Convention states that customary international law continues to apply to matters not covered by the Convention. The two countries also decided to activate their counter-terrorism mechanism and announced that their next meeting will take place in June. It was also decided that the foreign ministers of the two countries would launch the fifth round of the composite dialogue in New Delhi in July. The article highlights the lives of hundreds of fishermen who have been languishing in Pakistani prisons for years without end in sight. Intellectual property rights vs the right of access to primary health care should be read Articles on current affairs – April 29, 2021 3. Discuss the need for India and Pakistan to develop policies to ensure and guarantee the rights of prisoners and their prompt repatriation. (250 words) “We reaffirm our determination not to allow terrorism to impede the peace process and to take all necessary measures to eliminate this scourge against humanity,” the statement said. Bihar verdict: Prime Minister Modi attends BJP victory celebrations in Delhi India and Pakistan also set up a joint prisoner justice committee in 2007, consisting of four retired judges from both sides.

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