Italian marines remanded to 3 days police custody

Mangalore Today / PTI

Kollam, Feb 20, 2012:  Two Italian naval guards charged with the killing of two Indian fishermen off Kerala coast were today remanded to three-day police custody by a Judicial Magistrate at Karunagapally in this district.

First Class Judicial Magistrate K P Joy, at whose residence the marines were produced amid tight security, remanded the two accused to judicial custody till March 5, but handed them over to investigators accepting a police plea for futher questioning. The marines could not be produced in a court as it was a holiday due to Mahashivratri festival.

 

 

Latore Massimiliano and Salvatore Girone, arrested by Kerala Police yesterday and brought ashore from the ship which was intercepted and anchored at the port, were brought to Kollam for court proceedings from Kochi.

The two Italian marines have been charged with murder under Section 302 of the IPC.
The arrest of the two men, part of the six-member security detail of ’Enrica Lexie’ from Italian Navy, climaxed four days of hard negotiations between India and Italy over the incident, which has sparked a diplomatic row.

The Italians claimed that the fishermen Valentine Jalastine and Ajeesh Binki, who had set out to sea along with nine other fishermen on February 15 were shot at on suspicion of being pirates.

 

Italy vs India over fishermen deaths: 10 developments


New Delhi:  A diplomatic skirmish between Italy and India is escalating over the arrest of two Italian navy men in Kerala. The men were guarding an Italian ship when they fired at two fishermen from Kochi. Here are 10 big facts on the story:
 
1)  Italy will ask the Kerala High Court today to dismiss the case against the two marines. The Italian government says the firing took place in international waters and Indian courts do not have the jurisdiction to try the case.  A delegation of representatives from three different Italian ministries has arrived in Delhi but meetings with Indians have not provided a consensus.
 
2)  Italy says the men have immunity from Indian law because their ship was flying with an Italian flag in international waters; it was on its way from Singapore to Egypt. Italian officials also say that armed guard on board merchant vessels are required "by a specific Italian law that also corresponds with the needs of UN counter-piracy resolutions."
 
3) The navy officers - Latore Massimiliano and Salvatore Girone - were arrested on Sunday night and a murder case was registered against them. A local magistrate yesterday granted the police their custody. They were led away amid huge local protests by fishermen. 
 
4) Italian Foreign Minister Giulio Terzi on Monday warned of "considerable differences" with India over the alleged killing of the two Indian fishermen mistaken for pirates by the Italian soldiers. "There are currently considerable differences of a legal character. Up to now I have not seen the co-operation between India and Italy that would be desirable and would allow a quick resolution," Mr Terzi said.
 
5) On February 15, two guards on an Italian merchant vessel named the Enrica Lexie opened fire at two fishermen off the Kochi coast. The Italians say the  navy men thought the fishermen were Somalian pirates.
 
6) External Affairs Minister S M Krishna had publicly urged the Italians to cooperate in the ongoing investigations. "I have been in talks with the Italian Foreign Minister and the Kerala Chief Minister...the law of the land will have to take its own course, we have advised the Italians to cooperate with the Kerala law agencies to achieve an amicable solution," he said.

7) An Italian delegation met senior officials from the Ministry of External Affairs (MEA) on Sunday. Sources have told NDTV that the Italians tried hard for a concession, contending that the men held in custody were marines but India refused to budge from its stated stand.

8) India insists that the firing occurred in the contiguous zone that is well within its jurisdiction. The Coast Guard says that it is well within its rights to take action as the incident occurred within the country’s Special Economic Zone which extends to a little beyond a thousand kilometers.

9)  Kerala Chief Minister Oommen Chandy has termed the incident off the Kollam coast as "cold-blooded murder" and promised "strict legal action".

10) The Indian Coast Guard has contradicted the Italians who claim that the aggressive behaviour of the two fishermen provoked the Italians to open fire.