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SC allows Italian Marine to return home

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Salvatore Girone Massimilliano Latorre

Bengaluru: The Supreme Court today allowed Salvatore Girone’s plea seeking relaxation of bail conditions, to enable him to return to Italy. His request was supported by the Government on humanitarian grounds.

Two Italian marines, Massimiliano Latorre and Salvatore Girone are facing charges of murdering two fishermen in 2012 off the Kerala coast. Latorre was allowed to return to Italy after a stroke in 2014 while Girone is staying at the Italian embassy in New Delhi.

Italy asserts that the incident took place in international waters and, therefore, the Marines should be tried in Italy or in an international court. India, however, maintains that it can try them because it says the killings happened in coastal waters under Indian jurisdiction and the victims were Indians.

A UN arbitration tribunal had earlier ruled in favour of Girone, held in India on murder charges, by allowing him to return home pending the arbitration proceedings at the Hague.

The Supreme Court last year suspended all court proceedings against the duo in pursuance of an interim order of the International Tribunal for the Law of the Sea (ITLOS) asking India to maintain “status quo” in the case.

(Agencies)

UN arbitration court reportedly asks India to release Italian marine

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Salvatore Girone Massimilliano Latorre

Rome: A U.N. arbitration court has ruled that India should release an Italian marine, who has been detained in Delhi for more than four years, and allow him to return home, the Italian Foreign Ministry said on Monday.

India in 2012 arrested two Italian marines on suspicion that they killed two fishermen that they had mistaken for pirates while they had been escorting an oil tanker. One of the pair returned to Italy with health problems, but India has refused to let the other man, Salvatore Girone, leave the country.

The case has soured relations between India and Italy, but the two countries agreed last year to move the case to the Permanent Court of Arbitration in The Hague and abide by its decisions.

The Italian Foreign Ministry said in a statement that in an initial ruling, the court had decided that Girone should be allowed home. It said it would be in immediate contact with India to try to make sure he would return as soon as possible.

The court will continue to review the merits of the case against the two marines.

(Agencies)

UN Tribunal asks Italy, India to stop court proceedings on Italian marines

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Salvatore Girone Massimilliano Latorre

Hamburg /New Delhi: The International Tribunal for the Law of the Sea on Monday asked India and Italy to suspend all court proceedings in the marines case. It has also asked both countries to submit reports by September 24.

The Tribunal also asserted its jurisdiction in the case. It maintained that the Italy’s action of filing appeal twice was wrong and unacceptable.

There were differences in the Tribunal regarding the case and it sought more time for a final judgement.

The Tribunal had examined which country has the power to try the two Italian marines Massimiliano Latorre and Salvatore Girone who have been charged with shooting dead two Indian fishermen in February 2012 off Kerala coast.

India had claimed that it could finish the trial in four months. Italy sought the intervention of the Tribunal based on a UN clause meant for solving issues occurred on seas between countries. Italy’s main argument is that the issue occurred in international waters at the time of the incident. Italy had also demanded that India “refrain from taking or enforcing any judicial or administrative measures” against the marines.

However, India rejected the request, arguing that the case is not a maritime dispute but “about a double murder at sea”, in which one fisherman was shot in the head and the other in the stomach. India alleged that Italy did not even fulfil the basic legal procedures to be followed in the country.

Salvatore Girone and Massimilliano Latorre were part of an anti-piracy mission allegedly fired shots in 2012 that killed two Indian fishermen on a boat off the coast of Kerala.

India detained the two marines days later and a court case is pending.

Massimiliano was last year allowed to temporarily return to Italy for medical treatment and is still there. Salvatore has been living at Italy’s embassy in New Delhi ever since.

(Agencies)

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