BBC News – Italian marines row: India lifts travel ban on Rome envoy

Wednesday, 2 April 2013. India’s Supreme Court has withdrawn its earlier order barring the Italian ambassador from leaving India after a row over two Italian marines accused of killing two Indian fishermen.

Ambassador Daniele Mancini was barred from leaving India last month after Rome said the marines would not return.

The marines returned after a bitter diplomatic row between India and Italy.

The court had allowed Massimiliano Latorre and Salvatore Girone to travel home to vote in the February election.

The marines were ordered to return in four weeks to stand trial in India.

Ambassador Mancini had given his personal assurance that they would return within four weeks.

The marines are accused of shooting the fishermen off the Kerala coast in February 2012. They had been guarding an Italian oil tanker and said they mistook the fishermen for pirates.

On Tuesday, the Supreme Court asked the government to set up of a special court to try the marines.

The court said it would hear the matter again on 16 April.

The marines returned to India on 22 March in an Italian military plane, accompanied by Deputy Foreign Minister Staffan de Mistura.

The Italian government said it had received assurances about the men’s treatment and their human rights.

Their return eased diplomatic tensions between Delhi and Rome.

Italy has always insisted that as the shooting had taken place in international waters, the men should be tried in Italy.

http://www.bbc.co.uk/news/world-asia-india-21999318

The Hindu – Italian marines; They have come back, but where is special court?

Supreme Court had directed Centre to expedite constitution of special court on February 22

J. Venkatesan

New Delhi, 23 March 2013.  A special court to try the two Italian marines involved in the killing of two fishermen off the Kerala coast in February last has not come into existence though the Supreme Court passed an order in this regard two months ago.

On January 18, a Bench headed by the Chief Justice of India (CJI) held that Kerala had no jurisdiction to investigate the “Italian marines shooting incident” that took place on February 15, 2012. It noted that only the Union of India had the jurisdiction to proceed with the probe and trial of the two marines. The court, therefore, asked the Centre, in consultation with the CJI, to set up a special court to try Massimilano Latorre and Salvatore Girone.

During the hearing of the case on February 22, when the two marines sought to visit their country to cast their votes, Additional Solicitor-General P.P. Malhotra said steps were being taken in this regard.

This prompted the CJI to ask Mr. Malhotra why the government was dragging its feet and observe that if only a special court was set up as directed, the case would have come to a conclusion.

The same day, in an order, said: “The ASG is unable to tell us today as to whether the procedure for constitution of the special court directed to be set up by the Central government in consultation with the Chief Justice of India has been initiated or not. In the event [that] steps have not been taken to constitute the special court, as directed, the Central government is directed to do so without any further delay.”

http://www.thehindu.com/news/national/they-have-come-back-but-where-is-special-court/article4539016.ece?homepage=true

The Tribune – Italy says Indian SC order violates envoy’s immunity; Rome’s defiance unacceptable: Sonia

Ashok Tuteja, Tribune News Service

New Delhi, March 19. UPA chairperson Sonia Gandhi today blasted Italy for refusing to send back the two marines to face trial for the murder of two Indian fishermen, even as Rome claimed that the Supreme Court order to bar the Italian envoy from leaving the country represented an evident violation the diplomatic immunity law.

“The defiance of the Italian Government on the question of the two marines and its betrayal of a commitment to our Supreme Court is outright unacceptable,” Gandhi said, addressing a meeting of the Congress Parliamentary Party.

Gandhi, the chairperson of the ruling UPA, said, “No country can, should, or will be allowed to take India for granted.

All means must be pursued to ensure that the commitment made by the Italian Government to our Supreme Court is honoured.”

The Italian Foreign Ministry said Rome believed that the case of the two marines should be resolved in accordance with international law. “To this end, we have proposed that settlement of the case be submitted to arbitration or to another judicial mechanism.”

Italy said it hoped to find a solution to the dispute in the spirit of the friendly relations it wished to maintain with India.

In another development, UN Secretary General Ban Ki-moon expressed the hope that India and Italy would resolve their standoff over the marines’ issue constructively and in compliance with their international obligations.

“The Secretary-General hopes and expects Italy and India to resolve this matter constructively, and in compliance with their international obligations,” a statement said.

http://www.tribuneindia.com/2013/20130320/main3.htm

BBC News – India bar on envoy ‘violates diplomatic law’, Italy says

Tuesday, 19 March 2013. Italy has accused India of violating international law on diplomatic immunity by preventing its ambassador from leaving the country.

Italy’s foreign ministry said this was an “evident violation” of the Vienna Convention on Diplomatic Relations.

Earlier on Monday, India’s Supreme Court said Italian envoy Daniele Mancini had waived his legal immunity.

The ruling came in response to Rome’s refusal to return two marines charged with murdering two Indian fishermen.

The marines were allowed to go home to vote in last month’s polls on condition that they return to stand trial.

Mr Mancini had given his personal assurance that the two marines – Massimilian Latorre and Salvatore Girone – would return within four weeks as ruled by the court.

India’s Chief Justice Altamas Kabir said on Monday the court had “lost trust” in the Italian ambassador.

He reiterated last week’s order for him not to leave the country “until further orders”. His next hearing is due to take place on 2 April.

Jurisdiction row

The Italian foreign ministry said in its statement that it still hoped to find a solution “in the spirit of the friendly relations it wishes to maintain with India”.

The marines are accused of shooting the fishermen in Kerala in February 2012. They said they mistook them for pirates.

Italy wants its nationals to be tried in Italy. It believes India has no jurisdiction in the case because the incident took place in international waters.

But India has said that irrespective of the location of the ship, it has the right to try the marines as the fishermen were unarmed Indians on board an Indian fishing boat.

In its ruling on Monday, the three-judge Supreme Court said Mr Mancini, who had negotiated the marines’ release, had waived his immunity by giving an undertaking to a court that the pair would return.

Prime Minister Manmohan Singh warned that “there will be consequences” unless Italy returned the marines.

In unusually strong language, the prime minister said Italy’s refusal to do so was “unacceptable”.

http://www.bbc.co.uk/news/world-europe-21839410

The Tribune – Marines Row; Airports alerted to prevent Italian envoy from leaving

Ashok Tuteja, Tribune News Service

New Delhi, March 15. Tightening screws on Italian Ambassador Daniele Mancini, the government today put airports across India on alert to prevent the envoy from leaving the country in compliance with the Supreme Court order in the Italian marines’ case.

“The Supreme Court orders will be complied with by all government agencies,” External Affairs Minister Salman Khurshid told reporters here. He said the matter would come up before the apex court on Monday and after that the future course of action would be decided.

Simultaneously, the government also informed the apex court that it had served on the Italian envoy the order issued by it yesterday, restraining him from leaving the country. Mancini had been called to the foreign office yesterday, the second time in the past three days, by Sudhir Vyas, secretary (West) in the External Affairs Ministry and handed over a copy of the court order.

In an expression of its anger with Rome, the government has already asked its Ambassador-designate to Italy Basant Kumar Gupta not to proceed to the European nation. He was expected to take up his assignment later this month.

Sources said the step had been taken in view of the possibility of the Italian envoy being declared persona non-grata if Italy did not comply with the court order.

http://www.tribuneindia.com/2013/20130316/main3.htm

The Asian Age – Italy: We’re on solid ground

Friday, 15 March 2013. Amidst a diplomatic row with India, Italy has said it is on solid legal ground in seeking international arbitration in the case of the Italian marines charged with killing two Indian fishermen.

“We have juridically solid reasons to proceed in the direction of international arbitration,” Italian foreign minister Giulio Terzi told reporters as he arrived at an international conference being hosted by an Israeli think tank in the city of Herzliya.

“The Indian government is amply apprised of all it needs to know about our reasons, as do many of our partners,” he was quoted as saying by media reports.

Already-strained relations between Rome and New Delhi worsened on Monday when the Italian government announced that marines Salvatore Latorre and Massimiliano Girone would remain in Italy and not return to India to face murder charges after being allowed to come home to vote in February’s general election by the Supreme Court.

The Suprme Court had allowed them to go to Italy to cast their vote in the elections there after Italian ambassador to India Daniele Mancini had given an assurance to send them back. Prime Minister Manmohan Singh had on Wednesday said that Italy’s action was “unacceptable” . (PTI)

http://www.asianage.com/india/italy-we-re-solid-ground-079

BBC News – Italian envoy barred from leaving India

Thursday, 14 March 2013. India’s Supreme Court has ordered the Italian ambassador not to leave the country after Rome’s refusal to return two marines charged with the murder of two fishermen in Kerala last year.

The court had allowed the marines to go home to vote in last month’s elections.

Ambassador Daniele Mancini had personally assured the court the marines would return by 22 March.

On Wednesday, PM Manmohan Singh warned that “there will be consequences” unless Italy returned the marines.

In unusually strong language, the prime minister said that Italy’s refusal to send back the marines was “unacceptable”.

Rome’s decision has come as a major embarrassment for the Indian government and opposition parties have been demanding their immediate return.

‘Breach of undertaking’

On Thursday morning, the court headed by Chief Justice Altamas Kabir issued a notice to the Italian ambassador, restraining him from leaving without its permission.

The ambassador has been asked to respond to the notice by 18 March.

India’s Attorney General GE Vahanvati told the judges that Rome’s failure to return the two marines “is a breach of undertaking given to the highest court of the land and the government is extremely concerned about it”.

In February, the Supreme Court allowed Massimilian Latorre and Salvatore Girone to go home to vote in the Italian elections. They were ordered to return within four weeks.

But on Monday, Italy informed India that the marines would not be coming back, prompting a diplomatic row.

The marines are accused of shooting the fishermen in February 2012. They said they mistook them for pirates.

Italy argues that because the case is now the subject of international maritime law, it has been decided that the pair will not return to India “on the expiration of the permission granted to them”.

Rome says that it wants its nationals to be tried in Italy. Because the incident took place in international waters, Italy believes India has no jurisdiction in the case.

http://www.bbc.co.uk/news/world-asia-india-21781993

The Tribune – Send marines back: India to Italian Government; PM says Rome’s action unacceptable; Italy’s envoy summoned

Ashok Tuteja, Tribune News Service

New Delhi, March 12. A huge diplomatic row erupted between India and Italy today with New Delhi strongly asking Rome to send the two Italian marines back to India and face trial in this country for the murder of two persons off the Kerala coast last year.

Foreign Secretary Ranjan Mathai summoned Italian Ambassador Daniele Mancini to the foreign office and told him in unambiguous terms that the position taken by Italy was not acceptable to India. “I have told the Italian envoy that as far as we are concerned, Italy is obliged to ensure that the marines return to India within the stipulated period (four weeks) as per the terms of the Supreme Court order,” Mathai told reporters after the half-an-hour meeting.

Asked what was the response of the envoy, the Foreign Secretary said he simply took note of the position taken by New Delhi and said he would convey it to his government. The envoy was told that New Delhi expected Italy as a country which is committed to the rule of law to fulfil the sovereign undertaking given by it to the apex court.

As the BJP and Left parties pounced on the government for mishandling the entire issue, Prime Minister Manmohan Singh told agitated MPs from Kerala that Italy’s decision was ‘unacceptable’ and New Delhi would “do whatever needs to be done” to bring back the two marines.

“This is betrayal and bluff by the Italian government. It is a breach of trust between two sovereign nations and the act is completely unacceptable,” BJP spokesman Rajiv Pratap Rudy said.

It seems New Delhi has no clear answers on the controversy. Italy’s refusal to send back the marines has come as a rude shock to it. Kerala Chief Minister Oommen Chandy had conveyed to the UPA government his fears that the marines might not return to India to face trial.

The two marines, Massimilano Latorre and Salvatore Girone, who were on the Italian ship MV Enrica Lexie, had shot down two persons on an Indian vessel, St Antony, mistaking them for sea pirates, off the Kerala coast in February last year.

Italy and India have long disagreed on where the two should face trial, an issue that has frayed bilateral relations.

Italy argues that they should be tried under UN laws while India contends that it has jurisdiction over the case since the crime was committed in Indian waters.

The Supreme Court had allowed the two marines to fly to Italy to vote in the February 24-25 elections after an undertaking given by the Italian envoy that they would return to India within four weeks. Earlier also, the two marines had gone to Italy for celebrating Christmas with their families.

It is understood that the envoy had given an affidavit in the apex court, saying that the two marines were not entitled to cast their votes in their present circumstances and that they have to travel to Italy for the purpose.

External Affairs Minister Salman Khurshid said the government was examining the letter received from Rome late last night. “I know it’s a Supreme Court’s decision but it’s also a matter of our country’s collective decision. We can’t pass the ball on to anybody. Let’s just read what is said. Let’s understand their position and we will respond,” said Khurshid.

http://www.tribuneindia.com/2013/20130313/main1.htm

The Tribune – Italy begins case against marines; Could lead to a prison term of not less than 21 years

Kochi, March 1. In a bid to persuade India to hand over its two arrested marines charged with murder for killing two fishermen, Italy told the Kerala High Court today that it has initiated criminal proceedings against them under its law that could lead to a prison term of not less than 21 years.

The police custody of the two Italian marines Latore Massimiliano and Salvatore Gironi was meanwhile extended till March 5 by a Kollam court. The two accused are in police custody since February 20.

A communication from the Deputy Attorney Dr Eliza Betta Cenicola stating that as per Article 575 of Italian Penal code whoever causes death of a person was punishable with a prison term of not less than 21 years was filed in the High Court by counsel for Italian government and the two marines. The case has led to a diplomatic stand-off between India and Italy.

During the proceedings in the High Court, Justice P S Gopinathan ticked off the Italian government, pointing out “serious defects” in its plea seeking quashing of FIR against the two marines and sternly told them it will look into the petition only after these are “cured”.

Italian government should not have an impression that the Indian Judiciary was so loose that anyone could file a plea before courts, he said in the open court.

The judge directed the Consul General to produce necessary documentary evidence to show that the Consulate has the authorisation to represent Italian government in legal proceedings relating to the killing of the fishermen by the marines on board the cargo ship Enrica Lexie off the Kerala coast last month.

The judge even expressed doubt whether the signature of one of the accused affixed in the affidavit produced before the court was genuine.

Even though senior counsel for the petitioners repeatedly requested the court to look into the documents, the court refused and directed the petitioners to “cure” the defects. Only after “curing” the defects, the documents would be looked into, the judge held. (PTI)

http://www.tribuneindia.com/2012/20120302/nation.htm#6