The Qatar death row and India’s options

General Studies Paper 2

Context

• On October 26, Qatar’s local court handed down the death penalty to eight former Indian Navy officers. The case has garnered international attention.

Similar incidents

• The case shares similarities with other incidents involving the arrest of Indian nationals by foreign authorities.
• For instance, Kulbhushan Jadhav, an Indian national, was sentenced to death in 2017 in Pakistan on charges of espionage and sabotage. Pakistan accused him of acting at the behest of India’s intelligence agency, which India denies.
• The case proceeded in a military court with no transparency. India moved the International Court of Justice (ICJ), which found that Pakistan had breached Article 36 of the Vienna Convention requiring immediate notification of an arrest to the national’s consulate.
• In a separate incident, Indian Air Force pilot Wing Commander Abhinandan Varthaman’s aircraft was shot down by Pakistani fighter jets after he took down a Pakistani F-16 fighter jet.
• He was captured on the Pakistani side of the Line of Control, but was released about 60 hours later following intense back-channel communications between India and Pakistan.
• In both instances, the individuals involved were reluctant to disclose their identities, mirroring the present situation.
• India either mitigated their sentences or brought them back to their home country through diplomatic means.

India’s options

• India has the option to initiate legal appeals within the Qatari legal system.
• Espionage is legally defined as the act of collecting or transmitting confidential information or documents to a foreign state or its agents with the intent to harm Qatar’s national security or interests.
• It is noteworthy that Qatar has not disclosed information about the verdict. India can pursue a legal battle with the aim of reducing the sentence to imprisonment.
• In 2015, India and Qatar signed an agreement pertaining to the transfer of sentenced prisoners. Under the agreement, Indian citizens who are sentenced in Qatar have the choice to serve their prison sentence in their home country.
• If the legal appeals in Qatar’s judiciary do not yield the desired outcome, India could turn to the ICJ as a means of redress.
• The Vienna Convention on Consular Relations provides the framework for consular relations between sovereign states.
• The Convention’s Optional Protocol grants the ICJ compulsory jurisdiction over disputes arising from its interpretation or application.
• India has the capacity to initiate diplomatic efforts aimed at resolving the case. The relationship between India and Qatar has yielded significant economic ties. Qatar is the largest provider of liquefied natural gas to India.
• While India’s defence collaboration with Qatar has been somewhat limited, it still offers an avenue for diplomatic engagement.
• The Indian community represents the largest expatriate group in Qatar.
• Moreover, a steady stream of Indian artists performs in Qatar at events organised by community associations affiliated with the Indian Cultural Centre.
• By harnessing these robust ties with Qatar, New Delhi can exert pressure on the Qatari government to adopt a more lenient approach towards the detained individuals, potentially offering them some relief.

Way forward

• Numerous global human rights organisations have been actively combating unlawful imprisonment, capital punishment, and other violations of human rights.
• Amnesty International, for instance, has consistently championed human rights on a global scale. These organisations also have the potential to mobilise and advocate for the Indian Navy officers who are facing the death penalty.

Conclusion

• This is a challenging diplomatic issue that requires careful consideration and strategic action. India’s response should take into account the implications of the Vienna Convention on Consular Relations, international precedents, and the broader context of India-Qatar relations. Whether through diplomatic dialogues, political interventions, legal appeals, or a blend of these strategies, India has the potential to seek a resolution.