What are Jadhav's options to challenge Pak death sentence?
Ex-Indian Navy officer Kulbhushan Jadhav, who has been sentenced to death in Pakistan for spying, has two options to challenge the country's Field General Court Martial verdict. He can appeal to the Pakistan's Military Appellate Tribunal or appeal in a civilian court for a review of the judgment. Earlier, Pakistan Defence Minister said Jadhav had 60 days to appeal.
Former Indian Navy officer Kulbhushan Jadhav was today awarded capital punishment by a military court in Pakistan.The Field General Court Martial (FGCM) sentenced Kulbhushan Jadhav to death on the charges of "espionage and sabotage activities". FGCM is a military court consisting of Pakistan Army officers. The judges on the FGCM aren't required to possess law degrees.HOW IT HAPPENED WITH KULBHUSHAN JADHAVPakistan Army General Qamar Javed Bajwa confirmed the death sentence to Kulbhushan Jadhav after the Field General Court Martial found him guilty of "all the charges".An ISPR release said, "The spy was tried through Field General Court Martial under the Pakistan Army Act and awarded the death sentence. Today Chief of Army Staff Gen Qamar Javed Bajwa confirmed his death sentence awarded by FGCM."The military court was not closed to outsiders. Kulbhushan Jadhav was not given consular access as demanded by Indian authorities.Pakistan maintained that providing a defending officer during his trial at the Field General Court Martial as per legal provisions of the military court of Pakistan was enough defence for Kulbhushan Jadhav.OPTIONS BEFORE KULBHUSHAN JADHAVThe military courts of Pakistan have unbridled rights and unmatched jurisdiction. They have the right to try civilians for several crimes. The government can also transfer cases to the military courts of Pakistan.The Pakistan government gave an extension to the military courts of Pakistan after the December 2015 terror attack on a Peshawar school.Interestingly, the military courts of Pakistan do not have trained judges or judges with any kind of mandatory legal training.According to existing laws in Pakistan, the military court convicts cannot appeal in a civilian court. This means the possibility of a fair trial is not available for Kulbhushan Jadhav.But, there are two options available to Kulbhushan Jadhav:- According to the Pakistan Army Act 1952, Kulbhushan Jadhav can appeal in the Military Appellate Tribunal. However, the chances of getting a different verdict are slim.- The second option available to Kulbhushan Jadhav is to appeal in a civilian court for 'review' of the FGCM judgment. According to the Pakistan Army Act Section 7.2.3, military court convicts can have the decisions 'reviewed' by civilian courts, where Kulbhushan can have a lawyer of his choice. The government of India can also find a lawyer to defend him if Pakistan gives Kulbhushan Jadhav consular access.HOW MILITARY COURTS OPERATE IN PAKISTANThe human rights activists of Pakistan have questioned the very existence of military courts especially for trial of civilians. According to the International Court of Justice, Pakistan is the only South Asian country to allow trial of civilians by military courts.The principle of fair justice warrants a written judgment by a court of law. The written judgment explains the reasoning and logic behind the verdicts. But, the military courts of Pakistan are not required to give any such document. Even the families of the convicts are not told about the investigation and evidence related to the case.According to a report released by the ISPR about the trial of the cases for 2016, about 90 per cent of the accused confessed to the charges framed by the military courts. Kulbhushan Jadhav's confession was one of them.The unusually high percentage of confession to crimes by the accused in military courts raises serious doubts about the credibility of the statements. This indicates questionable interrogation and torture to elicit favourable confessions. ALSO READ |  Who is Kulbhushan Jadhav, the Indian sentenced to death in Pakistan?