BBC News – India charges Italian marines with murder of fishermen

Friday 18 May 2012. The marines are accused of shooting the two fishermen dead in February after allegedly mistaking them for pirates.

Italy has recalled its ambassador for consultations. It says the incident took place in international waters and that the men should be tried in Italy.

The marines were guarding an Italian oil tanker off India’s south-western coast when the incident occurred.

The marines, Massimiliano Latorre and Salvatore Girone – are being held in the central prison in the Keralan state capital, Trivandrum.

Italy agreed in April to pay 10m rupees (£117,013; 143,203 euros; $189,000) in compensation to each of the families of the two Indian fishermen.

In return, the families agreed to withdraw civil court cases against the marines.

However, the diplomatic row between the countries continued despite the compensation and talks between the two governments.

‘Warning shots’

Italy said that the Indian fishing boat had behaved aggressively and ignored warning shots from their ship, the oil tanker MV Enrica Lexie.

But India said the fishermen, Selestian Valentine and Ajesh Pinky, had been unarmed.

The Indian government initially said the event had occurred in its territorial waters and that the marines should therefore be tried under local laws.

It recently changed its position, saying that the incident had taken place in international waters and that the Keralan police had had no jurisdiction to detain the ship.

However, Keralan state officials maintained the marines would be tried under Indian law.

http://www.bbc.co.uk/news/world-asia-india-18118790

The Tribune – Centre to withdraw Additional Solicitor General (ASG) from case

Thiruvananthapuram/Chennai, April 21. Livid over the U-turn made by Additional Solicitor General Harin Raval in the Italian ship case, Kerala Chief Minister Oommen Chandy today sought his immediate withdrawal from the case even as Centre distanced itself from the ASG’s remarks.

In a fax message to Law Minister Salman Khurshid, Chandy wanted to know under what circumstances Raval had submitted in the Supreme Court that India has no jurisdiction to detain the Italian ship ‘Enrica Lexie’ from which Marines had shot dead two Indian fishermen on February 15 off Kerala coast.

In his submission, Raval had said that the ship was not within the Indian territorial waters when the shooting incident took place.

Chandy wanted the Centre to engage the Attorney General in the case in place of Raval, whose submission in the apex court yesterday drew sharp reaction from both opposition and ruling Congress-led UDF.

Earlier, talking to reporters in Kochi, Chandy said there was no change in the state’s stand on the issue and that Raval would not appear in the case.

Chandy said Kerala had informed the Central government at each stage of the case and had received full support.

“The Government is clear the incident happened in Indian waters,” Shipping Minister G K Vasan told reporters in Chennai. “It might be his personal opinion,” Vasan said when asked about Raval’s submissions. The ruling Congress-led UDF in Kerala found itself in a bind as the ASG’s submission contradicted the stand of the government headed by Oommen Chandy which firmly held that India has every legal competence to try the case under its law.

Seizing on the development, the critics said the ASG’s submission amounted to reinforcing Italy’s assertion that Indian courts had no jurisdiction to try the case since the alleged incident happened when the ship was in international waters.

Corporate Affairs Minister Veerappa Moily said in Thrissur that the Centre and Kerala were not on different “wavelengths” on the issue. “Sometimes the views expressed …are not in consonance with the views of the Central government. I do not think that the Central government and the state government are on different wavelengths,” he said. “Whenever there are mistakes, we have corrected them,” Moily said.

CPM stalwart V S Achuthanandan said the submission made by the ASG was nothing short of a betrayal of the country. Doramma and Derirk Valentine, the deceased fisherman’s wife and son, respectively, said in Kollam that it was difficult for them to understand as to how the Centre could take such a U-turn in the case after expressing solidarity with the bereaved families. (PTI)

The controversial statement

Additional Solicitor General Harin Raval had said on Thursday that the Italian ship was not in Indian territorial waters when the shooting took place. His submission amounted to reinforcing Italy’s assertion that Indian courts had no jurisdiction to try the case.

Centre’s U-turn

The government is clear that the incident happened in Indian waters. It might be his (ASG Harin Raval) personal opinion.

GK Vasan, Union Shipping Minister

http://www.tribuneindia.com/2012/20120422/main2.htm

The Times of India – Fishermen’s killing: Italian PM Mario Monti warns Manmohan

Rome, 7 March 2012. Italian Prime Minister Mario Monti called his Indian counterpart Manomohan Singh on Wednesday, warning him against setting a “dangerous precedent” with the prosecution of two Italian naval guards in India.

“Any attitude from the Indian side that is not fully in line with international law… risks creating a dangerous precedent for international peacekeeping and anti-piracy missions,” Monti was quoted as saying to Singh. “Missions in which Indian military are also involved,” he stressed.

“The alleged incident — the circumstances of which still have to be clarified — occurred in international waters and jursidiction is therefore only Italian,” Monti also told Singh, according to a government statement. Monti said he was following the case with “maximum attention and concern.”

Singh reportedly told Monti that he wanted “to avoid tensions between India and Italy” and that he would look into the possibility of “a transfer of the two naval guards from prison to a place of custody more suited to their status.”

Italy’s government has been heavily criticised for its handling of the escalating row, which started last month when the soldiers deployed to guard an oil tanker allegedly killed two Indian fishermen they mistook for pirates.

The two, Massimiliano Latorre and Salvatore Girone, have been imprisoned in the southern state of Kerala pending a murder investigation despite pressure from Italy for them to be handed over to Italian authorities for prosecution.

Italy argues India does not have jurisdiction in the case as it involved an Italian-flagged vessel and occurred in international waters near India. India disputes this, saying the incident happened in waters under its jurisdiction. Foreign minister Giulio Terzi has accused India of infringing Italy’s sovereignty and summoned India’s ambassador to Rome on Tuesday after a court in Kerala ordered the two marines be held in prison.

In apparent reference to the case on Wednesday, Terzi said that the principle of immunity and national jurisdiction in the case “is widely recognised but needs to be stressed.”

http://timesofindia.indiatimes.com/india/Fishermens-killing-Italian-PM-Mario-Monti-warns-Manmohan/articleshow/12178971.cms

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

The Tribune – Fishermen’s Killing; India, Italy stick to their stand on jurisdiction

Ashok Tuteja, Tribune News Service

New Delhi, February 28. India and Italy today failed to resolve their differences over who should probe the killings of two Indian fishermen by Italian marines off the Kerala coast earlier this month.

The two countries, however, pledged not to allow the incident to cast a shadow on bilateral ties. External Affairs Minister SM Krishna held wide-ranging talks here this afternoon with visiting Italian Foreign Minister Giulio Maria Terzi di Sant’ Agata.

However, the February 15 incident in which the two Indian fishermen were killed is understood to have dominated the talks.

Addressing a joint press conference after their meeting, the two ministers were quite forthright in restating the positions of their respective countries. Italy is insisting that the incident should be tried according to international laws since it took place in international waters. India, however, maintains that since the incident involved an Indian vessel and those killed were Indian nationals, the two Italians would be tried under Indian laws.

“We met in the backdrop of an unfortunate incident involving the death of two Indian fishermen and the subsequent detention of two Italian navy personnel. There is strong public opinion on both sides,” Krishna said. He said the Italian minister had agreed that their two countries ‘need to clear the air’ so that their people were reassured of their will and commitment to strengthen the bilateral partnership.

Krishna said the relations between the two countries were mature and based on strong foundations. The Italian minister, who was here on a visit planned much before the February 15 incident, regretted the deaths but underlined that there were differences between the two countries over the jurisdiction issue. “I have explained frankly the position of our government on the legal aspect. International laws should try the Italian men. There is difference of opinion on this and it has not been resolved,” he said.

The Italian minister is also going to Kerala to meet the families of the two fishermen. He is also likely to meet Chief Minister Oommen Chandy.

Meanwhile, External Affairs Minister SM Krishna today thanked his Italian counterpart for assuring his personal attention to alleviate the difficulties being faced by members of the Sikh community in Italy. There have been reports of Sikhs being asked to remove their turbans at the security check at the Italian airports.

- Italian Foreign Minister Giulio Maria Terzi di Sant’ Agata regretted the deaths but underlined that there were differences between the two countries over the jurisdiction issue

- Agata said his government’s position is clear on the legal aspect. “International laws should try the Italian men. There is difference of opinion on this and it has not been resolved,” he said

- The Italian minister is going to Kerala to meet the families of the two fishermen

http://www.tribuneindia.com/2012/20120229/main6.htm

The Asian Age – Ship fired 24 rounds: Cops

Kiran Tom Sajan, Age Correspondent With agency inputs

Kochi/Thiruvananthapuram, 27 February 2012. The weapons seized from Italian merchant vessel Enrica Lexie by the Kerala police special investigation team has yielded crucial evidence on the number of rounds fired by the two arrested marines, Latore Massimiliano and Salvatore Girone. Police sources claimed 24 rounds were fired from the vessel, and two of these, it is believed, killed the two fishermen.

The number of rounds was calculated from the number of bullets left in two mounted guns on board. These had 22 and 18 bullets left in them respectively. The police claimed each gun had a capacity to load 32 bullets at a time, which indicates the two had together fired 24 rounds.

“They might have opened fire using these guns, as only these offer binocular vision. It would be difficult to make a headshot from such a distance with a rifle,” said a ballistics expert.

The police seized six other rifles from the four marines on board. The weapons inventory given by the Italians to the police and ustoms authorities showed 32 items — two mounted guns, six rifles, 18 pistols and six bulletproof jackets.

In Thiruvananthapuram, defence minister A.K. Antony said the case was progressing well, and added: “The case will proceed under Indian law.” Later, after visiting the family of one of the slain fishermen in Kollam, the minister said the Centre would take steps to ensure coastal security and the safety of fishermen.

http://www.asianage.com/india/ship-fired-24-rounds-cops-818

The Hindu – Search & seizure starts aboard Enrica Lexie

Anand Haridas,  U Hiran

Kochi, 25 February 2012. The search and seizure of weapons and material onboard Enrica Lexie, the Italian oil-tanker involved in the shooting to death of two Indian fishermen off the Kerala coast on February 15, started on Saturday amid apprehensions by other agencies over the efficacy of the effort.

Sources in the Customs pointed out an oversight on the part of the State police in failing to keep the weapons aboard the ship sealed and under lock and key in the first few days after it was brought to Kochi.

The search was launched around 10.30 a.m. and by the time City Police Commissioner M.R. Ajith Kumar, who heads the Special Investigation Team formed by the police, emerged from it by 7 p.m., only 25 per cent of the process was complete.

“The team has been searching the entire ship and seizing weapons and other objects required for the case. This is being done in the presence of Italian technical experts, as requested by them. It is being done on the basis of a warrant issued by the Kollam [Judicial First Class Magistrate] court,” Mr. Ajith Kumar said, briefing the media.

There were indications that the weapons, believed to be of Italian make and allegedly used in the attack, were also recovered. It was pointed out that the details of the weapons could be established only after an examination by the State Forensic and Scientific Laboratory in Thiruvananthapuram.

Two Italian marines among the six posted on the ship have been arrested in connection with the firing. The ship was brought to the Kochi port past midnight on February 16. However, when Customs officials boarded it on February 22, they spotted arms and ammunition in a cabin on the fourth deck.

In a report filed with higher authorities, Customs officials said the cabin also doubled up as the living space of one of the security officials.The report also mentioned that the ship was anchored in the outer sea after the accused marines were taken off and arrested by the police.

http://www.thehindu.com/news/national/article2931782.ece

The Hindu – Italian Minister says sorry, blames shooting on piracy perception

Anand Haridas S. Anandan K.A. Martin

Kochi, 23 February 2012. It was a mistake; they were genuine fishermen, conceded Italian Deputy Foreign Minister Staffan de Mistura, in town for parleys with the State administration to secure the release of the two Italian marines arrested on charges of killing two Indian fishermen off the Kerala coast last week.

The shooting, he said, was a mistake. But the fact that the region had witnessed an upsurge in piracy over the last couple of years perhaps caused the marines to mistake the genuine fishermen for pirates, he said, as The Hindu team caught up with him on Thursday.

When it was cited that there was a marked decline in piracy in the Eastern Arabian Sea and the Indian side of the Indian Ocean after the Indian Navy and the Coast Guard intensified patrolling the seas of its domain of interest, Mr. de Mistura admitted that it was true.

The incident was without precedent for either India or Italy, who always maintained friendly relations. Italy, on its part, did not want to burn its bridges with India over the unfortunate occurrence.

He termed the issue “all the more sensitive” as it involved men in uniform. “India also has its military personnel deployed all over the world” on various duties, he said.

A top official of the Italian Foreign Ministry said the course of action would be decided after the outcome of the court proceedings under way in Kerala. Italy had launched a parallel investigation of the incident by its agencies back home.

However, now that an Indian judge was hearing the case, we would await its outcome, the official maintained.

Earlier in the day, Mr. de Mistura met the arrested marines Latorre Massimiliano and Salvatore Girone, held at the CISF guesthouse on Willingdon Island, and expressed satisfaction over the way the Kerala Police treated them.

Italian Ambassador Giacomo Sanfelice di Monteforte and Consul-General Giampaolo Cutillo accompanied the Minister.

Reiterating the Italian stance that the fishing boat that came under attack was in international waters, Mr. de Mistura told the media that the incident occurred 22.5 nautical miles off the coast of India.

He called for Indo-Italian joint ballistic examination and inspection of the weapons on board Enrica Lexie, the oil tanker involved in the firing.

Mr. de Mistura is staying back in the State pending a decision by the Kerala High Court on a writ petition filed by Italy to quash the FIR accusing the marines of murder. Foreign Affairs Minister Franco Frattini is slated to arrive in India on Tuesday to continue negotiations to thrash out an amicable solution to the issue.

http://www.thehindu.com/news/national/article2923244.ece

The Asian Age – Italy moves Kerala HC to quash FIR

Asian Age Correspondent

New Delhi. 23 February 2012. Amidst a deepening row between India and Italy, New Delhi has once again asserted that the law of the land will take its course in the case involving two Italian Marines, who allegedly shot dead two Indian fishermen last week. The Marines mistook the fishermen from Kerala for pirates as their boat approached Italian merchant vessel Enrica Lexie on which they were stationed.

The firm stand on Indian law prevailing was repeated once again both by the Centre and the Kerala government. Union minister of state for external affairs Preneet Kaur told Italian deputy foreign minister Steffan de Mistura as much when he met her here on Wednesday for over an hour.

Mr Mistura, who has been rushed to India following the arrest of the two Marines after they were charged with murder, reached Kochi later in the day. In the capital, he told reporters that “we want truth to prevail”. He said the truth will help us in finding a proper way to handle the matter.

With India and Italy in a tussle over which country’s law should prevail in dealing with the incident and Mr Mistura contending that there was “agreement on three points”, Ms Kaur said, “The only agreement is that the law will take its own course….. As far as the law point is concerned, they have their interpretations and we have our interpretations.”

In Kerala, where public sentiment against the killings is high, chief minister Oommen Chandy said on Wednesday, “the government’s stand is it will proceed with the investigation. It is the right and power of the state.”

In the meantime, the Italian government, which is trying to leave no stone unturned to “rescue” the arrested duo, also moved the Kerala high court on Wednesday seeking the quashing of the murder charges against the Marines. In yet another development in this case, a Kerala court directed the owners of Enrica Lexie to furnish 25 lakh as bank guarantee after the family of one of the dead fishermen moved a petition seeking 1 crore as compensation. It also directed that the ship should not be allowed to leave port until this guarantee is deposited.

Speaking for his government, Mr Mistura said the “tragic incident needs to be analysed properly and we can continue having a proper dialogue about finding a solution to it”. After his meeting, he said there was agreement on three points — the Italian government was “terribly sad” over the deaths, the incident took place in international waters and that the probe “will assert the exact position”.

http://www.asianage.com/india/italy-moves-kerala-hc-quash-fir-927

The Tribune – Italy hardens stance, blames India for ship standoff

Ashok Tuteja & Ajay Banerjee, Tribune News Service

New Delhi, February 20. India and Italy remained locked in a war of words over the killing of two Indian fishermen allegedly mistaken for pirates by Italian Naval personnel deployed for security of an oil tanker off the Kerala coast last Wednesday.

Italian Foreign Minister Giulio Terzi today sought to blame New Delhi for the prolonged stand-off, saying there were “considerable differences” with India over the incident.

“There are currently considerable differences of a legal character. Up to now, I have not seen cooperation between India and Italy would be desirable and would allow a quick resolution,” Terzi was quoted as saying in Rome.

This comes a day after Indian External Affairs Minister SM Krishna told Terzi that the Italian mariners and the crew would have to cooperate and join the investigation to allow the law of the land take its course.

Italy says the two marines have immunity from Indian law as the tanker, Enrica Lexie, had an Italian flag in international waters as it sailed from Singapore to Egypt when the shooting occurred.

New Delhi contends the UN Convention of the Law of the Sea (UNCLOS) giving Indian warships the right of “hot pursuit” in case of such an incident. As per the UNCLOS, the territorial waters of a country are till 12 nautical miles (22 km). Another 12 nautical miles beyond the territorial waters is the “contiguous zone”. The Italian ship was very much within those limits when the shootout occurred and Article 109 of the UNCLOS accords the right to “hot pursuit”.

The two soldiers, who were deployed on the ship under a new law passed in Italy last year to protect against the growing threat from pirates in the Indian Ocean, have been remanded in the custody of Kerala Police till February 23. They will then be remanded in judicial custody for the next 11 days till March 5.

The order was pronounced today by a magistrate in Kollam district in front of whom the duo was produced.

http://www.tribuneindia.com/2012/20120221/main1.htm