Marines won’t return to India to face murder trial: Italy

Mangaloretoday/DHNS

Rome, March 11, 2013: Two Italian marines being tried for murder in India will not return to the country as New Delhi does not have jurisdiction over the case, the Italian foreign ministry announced Monday.

"Italy has always argued that Indian authorities have violated their obligations under international law...especially the principle of immunity from trial by the organs of a foreign state and the United Nation Convention on the Law of the Sea," the foreign ministry said in a statement.

 

The decision not to send Massimiliano Latorre and Salvatore Girone, who had been allowed to come home to vote and meet their families, back to India was taken by Italy’s defence and justice ministries in consultation with the prime minister’s office, it said.

The two marines have been at the centre of a year-long international row for allegedly shooting dead two Indian fishermen after mistaking them for pirates off the southern Indian state of Kerala February 2012.

Italy claims the incident occurred in international waters and has been trying to get Latorre and Girone tried in Italian courts, while India contends the shooting occurred in its own territory.

India’s Supreme Court last month allowed Latorre and Girone to return to Italy to vote in the Feb 24-25 national election. It had earlier allowed them to go home for Christmas.

Italy’s decision on marines unacceptable: Kerala CM, Oomman Chandy


Kerala Chief Minister Oommen Chandy Tuesday termed as unacceptable Italy’s decision not to send its two marines to India, who were being tried for killing two fishermen. He said he will take up the issue with the external affairs ministry.

The Supreme Court in February allowed Massimiliano Latorre and Salvatore Girone, accused of killing two Indian fishermen to return to Italy to vote in the Feb 24-25 national elections. It had earlier allowed them to go home for Christmas.

"I am reaching Delhi (Tuesday) night and I will take this issue up with the external affairs ministry. We are also looking to take up this issue legally," Chandy told IANS after Italy announced that the marines will not be returning to India.

The Italian government claimed that New Delhi "does not have jurisdiction over the case".

Chandy said: "You should see the earnestness in how Kerala pursued this case in the... courts and also in the apex court in the country. Our stand remains the same that they should stand trial here according to the Indian law."

In no way would this would be acceptable to Kerala, he said.

The apex court had ruled that the case need not be tried in Kerala, instead a special court be set up in Delhi.

The two marines have been at the centre of a year-long international row for allegedly shooting dead two Indian fishermen Ajesh Binki and Gelastine after mistaking them for pirates near the Kerala coast in February 2012.

Italy claims the incident occurred in international waters and has been trying to get Latorre and Girone tried in Italian courts, while India contends the shooting occurred in its own territory.

Italy’s refusal to send back marines unacceptable:PM

Prime Minister Manmohan Singh today termed as "unacceptable" Italy’s refusal to send its two marines back to India where they were facing trial for killing two fishermen and said the issue will be taken up with that country.

Singh conveyed this to delegations of Kerala MPs from Left and Congress, who met him separately to express anguish and demand his intervention in the "serious" matter.
The Prime Minister said it was "unacceptable", according to CPI(M) MPs K N Balagopal and M B Rajesh.

Singh told the Left MPs that he will ask External Affairs Minister Salman Khurshid to take up the issue with Italy.

His comments came in the wake of Italian Foreign Ministry statement that the marines Massimiliano Latorre and Salvatore Girone will not return to India from Italy where they had gone to cast vote in last month’s elections after special permission granted by the Supreme Court.

The two marines are facing trial for allegedly killing two fishermen off the Kerala coast in February last year, mistaking them for pirates.

The Italian Ministry claimed India had not responded to its requests to seek a diplomatic solution to the case and there was now a formal dispute between the two countries over the terms of the United Nations Convention of the Law of the Sea.

Khurshid said the government is studying Italy’s decision, its reasons as also implications.

"We will study and take a rightful position... We will take informed position," he told reporters on the issue which is very sensitive in Kerala politics.