Skip to comments.Italy-India row: Rome to send marines back for trial
Posted on 03/21/2013 1:40:12 PM PDT by cold start
Two Italian marines accused of murdering two Indian fishermen, in a case that has sparked a diplomatic row, are to be sent back to Delhi for trial.
The Indian government had allowed them to return to Italy to vote in last month's election.
But when they failed to return, India's Supreme Court ruled Italy's ambassador was barred from leaving the country.
The Italian government said it had received assurances about the men's treatment and their human rights.
The marines, Massimiliano Latorre and Salvatore Girone, are accused of shooting the fishermen off the Kerala coast in February 2012. The marines had been guarding an Italian oil tanker and said they mistook the fishermen for pirates.
The marines, who had been out on bail awaiting trial, were allowed to fly back to Italy for the February 2013 general election on condition that they returned to stand trial by 22 March.
Italian ambassador Daniele Mancini gave his personal assurance that they would return within four weeks.
But then Rome decided that they would not fly back to Delhi, arguing that India was violating international law by putting them on trial, as the shooting had taken place in international waters.
Rome proposed putting them on trial in Italy.
The day before the men's licence was due to expire, the office of Prime Minister Mario Monti issued a statement saying that the marines had agreed to return, during a meeting with Mr Monti and other ministers.
(Excerpt) Read more at bbc.co.uk ...
Why were these two marines arrested and not the captain of the ship?
Actually I’ve got about 100 questions about this.
Stupid Rome / Italy attempted at playing a banana republic move on India.
Their idiot ambassador to India forgot that his diplomatic immunity was nullified when he willfully subjected himself to the Indian Supreme Court’s jurisdiction, making it entirely legal for the Indian authorities to arrest him, according to the Geneva Convention, for reneging on his written word to the Court.
...the office of Prime Minister Mario Monti issued a statement saying that the marines had agreed to return, during a meeting with Mr Monti and other ministers.
Bribes have been paid, verdict is arranged.
The marines were completely in the wrong. There is no pirate activity off the coast of Kerala. If this happened somewhere in the Arabian Sea near the gulf of Aden, I might say, they have some benefit of doubt, but off the coast of Kerala, none at all.
Marines will not face death, India assures Italy
PTI, The Pioneer, Friday, March 22, 2013
New Delhi - As Italy reversed its decision of not sending back its two marines, government today said India has given assurances to that country that they will not face death penalty and will not be liable for arrest if they return by the deadline of today set by the Supreme Court.
Hours after Italy made the announcement that the marines will return to face trial, External Affairs Minister Salman Khurshid told Parliament that India had given assurances after clarifications were sought on death penalty which was a “concern” to that country.
Making identical statements in both Lok Sabha and Rajya Sabha, he expressed happiness that the matter was being “brought to a satisfactory conclusion” and the trial will now proceed as per the directions of the Supreme Court.
Khurshid said the government was informed through “a diplomatic approach” that Italy would be willing to send the two marines back to India as per its commitment to face trial in the case of killing two fishermen in February last year.
“It sought from India clarifications regarding the conditions applicable to the marines on their return and the provisions regarding the death penalty that could be applicable in this case which was an Italian concern.
“Notwithstanding the pending proceedings, the Government has informed the Italian Government that the two marines will not be liable for arrest if they return within the time frame laid down by the Supreme Court of India,” he said.
The Supreme Court had allowed the marines to go to their home country for four weeks to cast votes in general elections. The four-week period expires today.
India also allayed Italy’s fears by saying that “according to well settled Indian jurisprudence, this case would not fall in the category of matters which attract the death penalty, that is to say the rarest of rare cases. Therefore, there need not be any apprehension in this regard,” Khurshid said.
At the same time, the External Affairs Minister said the Supreme Court had ruled that India has the jurisdiction over the case and the marines — Massimiliano Lattore and Salvatore Giron — shall “once again be bound by the conditions contained in the order” passed by the Court on January 18.
“The Supreme Court, in its order dated 18 January 2013, in a writ petition filed by the Italian marines and the Republic of Italy raising several jurisdictional issues, had ruled, inter alia, that India has jurisdiction,” Khurshid said. He pointed out that the SC had also ruled that “the matter will be put before a Special Court to be set up by the Union of India in consultation with the Chief Justice of India to try this case and to dispose of the same in accordance with the provisions of the Maritime Zones Act, 1976, the Indian Penal Code, the Code of Criminal Procedure and the provisions of UNCLOS 1982, where there is no conflict between the domestic law and UNCLOS 1982.”
In his statement, Khurshid gave details of the sequence of events related to the case.
He noted that after Italy told India on March 11 that the marines will not return on the expiration of the permission granted to them, Prime Minister Manmohan Singh had stated that Italy should respect the undertaking given to the Supreme Court.
The Supreme Court, in its order of January 22, had allowed the marines to travel to Italy and the Italian government gave an undertaking to it that the marines “will be kept under its constant custody, supervision and control during this period and took full responsibility for securing” their return to New Delhi “on or before the expiry of the period permitted by the court”.
+4 #1 Bharati 2013-03-22 15:18
The Government of India gives assurances on behalf of the Supreme Court of India! Already decided the penalty that will not apply in case of conviction! So much for the independence of our judiciary!
#2 SportyHarry 2013-03-22 18:11
Who the f____ is he to decide on behalf of Judiciary that the Marines will not get the death penalty ? Now isn’t this ba**ard goinng beyond his brief of being only an External Affairs Minister ? So what if he is also a lawyer ? Can he pre-judge a criminal case and give a verdict ?
And there you have another law minister of UPA - Ashwini Kumar that if Sanjay Dutt were to approach the Governer of the state, he could be pardoned !!!
Are the ministers of UPA - now giving ideas to criminals as to how to save themselves from Jail and gallows ? So are these ministers and Politicians to decide - who will go to jail or receive death penalty - depending on whether you are Pro-Congress party or anti-Khangress party ?
God save this country fro these dirty ministers and politicians who now act as God.
There’s is little point in asking for the death penalty given the facts of the case. It doesn’t qualify for the ‘rarest of rare’ yardstick that Indian judiciary goes by-the Italians have enough mitigating factors for that.
I agree: no death penalty. There will probably be a fine/compensation to be paid, but no jail time.