Italian marines case: Envoy can be sent to jail, says Harish Salve

[GR!FF!N]

Former counsel for the Italian marines in the Kerala fishermen killings case, Harish Salve has said that there is no legal bar or immunity to the Italian ambassador, Daniel Mancini, from being arrested by the Supreme Court.

The Italian envoy had assured the apex court that the marines would return from Italy after partaking in the elections there, to face trial in Kerala. However, Italy refused to send the duo back.

Salve was speaking to Karan Thapar on Devil's Advocate.

Read full transcript of the interview here...

Italian marines case: Envoy can be sent to jail, says Harish Salve

Diplomatic immunity...anyone??????

 

[Bang Galore]

Former counsel for the Italian marines in the Kerala fishermen killings case, Harish Salve has said that there is no legal bar or immunity to the Italian ambassador, Daniel Mancini, from being arrested by the Supreme Court.

The Italian envoy had assured the apex court that the marines would return from Italy after partaking in the elections there, to face trial in Kerala. However, Italy refused to send the duo back.

Salve was speaking to Karan Thapar on Devil's Advocate.

Read full transcript of the interview here...

Italian marines case: Envoy can be sent to jail, says Harish Salve

Diplomatic immunity...anyone??????

Still exists. Harish Salve said that theoretically the ambassador could be jailed....... Unlikely & very worrisome if it happens. One has to balance the wish to not allow the ambassador to get away with deceit with the dangers such a position might place Indian officials in, at a future date.

 

[Srinivas]

When the Italian Ambassador submitted to Indian SC before the departure of the marines he has to obey Indian Law, And that is what the article is suggesting.

Former counsel for the Italian marines in the Kerala fishermen killings case, Harish Salve has said that there is no legal bar or immunity to the Italian ambassador, Daniel Mancini, from being arrested by the Supreme Court.

The Italian envoy had assured the apex court that the marines would return from Italy after partaking in the elections there, to face trial in Kerala. However, Italy refused to send the duo back.

Salve was speaking to Karan Thapar on Devil's Advocate.

Read full transcript of the interview here...

Italian marines case: Envoy can be sent to jail, says Harish Salve

Diplomatic immunity...anyone??????

 

[GR!FF!N]

Still exists. Harish Salve said that theoretically the ambassador could be jailed....... Unlikely & very worrisome if it happens. One has to balance the wish to not allow the ambassador to get away with deceit with the dangers such a position might place Indian officials in, at a future date.

well,I think letting the Italian Ambassador go will make a far bad example as then every other country will exploit this opportunity,even civilians could exploit this.I think India shold open its back channel and swap marines with Ambassador's impending arrest(if court rule this)..

 

[Bang Galore]

well,I think letting the Italian Ambassador go will make a far bad example as then every other country will exploit this opportunity,even civilians could exploit this.I think India shold open its back channel and swap marines with Ambassador's impending arrest(if court rule this)..

Won't happen. We should give the ambassador a quick send off & then refuse to allow anyone to take his place for the foreseeable future if the two marines aren't returned (unlikely to ever come back).

 

[Capt.Popeye]

Former counsel for the Italian marines in the Kerala fishermen killings case, Harish Salve has said that there is no legal bar or immunity to the Italian ambassador, Daniel Mancini, from being arrested by the Supreme Court.

The Italian envoy had assured the apex court that the marines would return from Italy after partaking in the elections there, to face trial in Kerala. However, Italy refused to send the duo back.

Salve was speaking to Karan Thapar on Devil's Advocate.

Read full transcript of the interview here...

Italian marines case: Envoy can be sent to jail, says Harish Salve

Diplomatic immunity...anyone??????

Harish Salve is correct; when the Italian Ambassador and through him the Italian Govt. submitted to Indian Courts, first the Kerala HC and later the Indian SC the very idea of Sovereign Immunity was ipso facto waived off. Regardless of the merits of the first case; ie of the shooting done by the Marines, there now is a case of Contempt of Court. Two different matters.

Most of all; Diplomatic Immunity applies to acts committed by a Diplomat in pursuance of his duties as a Diplomatic Officer in and towards the Country that he has been accredited to. It is not an Omnibus protection for a Diplomat.
And is "Contempt of Court" and "Breach of Sovereign Promise/s" to be considered in consonance with the duties of a Diplomatic Officer?

 

[Bang Galore]

Harish Salve is correct; when the Italian Ambassador and through him the Italian Govt. submitted to Indian Courts, first the Kerala HC and later the Indian SC the very idea of Sovereign Immunity was ipso facto waived off. Regardless of the merits of the first case; ie of the shooting done by the Marines, there now is a case of Contempt of Court. Two different matters.

Most of all; Diplomatic Immunity applies to acts committed by a Diplomat in pursuance of his duties as a Diplomatic Officer in and towards the Country that he has been accredited to. It is not an Omnibus protection for a Diplomat.
And is "Contempt of Court" and "Breach of Sovereign Promise/s" to be considered in consonance with the duties of a Diplomatic Officer?

The really funny part is that the Italians might have gotten away raising the jurisdiction issue but contempt of court will hold even in a court having no jurisdiction to try the original case.

 

[alibaz]

Diplomatic immunity...anyone??????

I think they don't have once they have to contest in court of law. But I also think governments would resolve it before reaching that stage.

 

[Capt.Popeye]

The really funny part is that the Italians might have gotten away raising the jurisdiction issue but contempt of court will hold even in a court having no jurisdiction to try the original case.

The Italians here tried to be smarter by half; but ended up acting stupidly. Now it is much harder to wriggle out of this "contempt of court" matter.

There is a misconception rife that Diplomatic Immunity is some Omnibus Umbrella (mixed metaphor) of immunity for any and all actions of a Diplomat.
It is not so at all.

When "push comes to shove" then all the nuances will come into play!

 

[veekysingh]

man this is going to be awesome , lets see

 

[rockstarIN]

Guys, lets see..this marines will come back to India within the stipulated bail period.

Italy took very wrong steps in this case, who should have known Sonia Gandhi is called Italy valli.

The only chance they got is the jurisdiction stuff.

 

[joekrish]

22nd is of far off, let's wait and watch how this drama unfolds.

 

[danger007]

I guess, it is a rare case, that no body imagined.... because,if the Ambassador involved in any crime or like that he will have Immunity.... He did more stupid thing than we releasing marines.... He shouldn't get involved personally.... and give written doc to the Apex.... that means he accepting himself under the court law... regardless of Immunity... Italians have no status to argue on that issue...

 

[fast]

Harish Salve is an incompetent twit. He needs to go back to law school to brush up on the laws.

 

[GR!FF!N]

Harish Salve is an incompetent twit. He needs to go back to law school to brush up on the laws.

and you need to take those prescribed medicines for mental insanity..that very man actually was fighting cases for Italian Govt..now tell me,is Italy too fool to select an incompetent twit as a lawyer??


@TOPIC>>>>>>>>>>>

Fishermen killings: Supreme Court to take up Italian marines issues on Monday

New Delhi: The issue of the Italian marines - Massimiliano Latorre and Salvatore Girone - who are facing a trial in India for killing two Kerala fishermen, will come up in the Supreme Court on Monday. Sources said while Italy was expected to maintain its position that the marines would not return to India, Italian Ambassador Daniel Mancini was unlikely to file an affidavit in the court as he enjoyed diplomatic immunity.

India and Italy are in the midst of a diplomatic row after Rome reneged on its commitment to send back its two marines, who were allowed by the Supreme Court on February 22 to go to Italy for four weeks for voting in election. India is in the process of downgrading its diplomatic ties and decided not to post the Ambassador-designate to Rome who was to assume the charge by next week.

The Indian government had this week announced decision to initiate review of entire gamut of relations with Italy which includes diplomatic, trade and defence ties apart from reaching out to the European Union, which was briefed on India's views and position in the matter.

India and Italy are in the midst of a diplomatic row after Rome reneged on its commitment to send back its two marines, facing trial in Kerala fishermen killings case.
Fishermen killings: Supreme Court to take up Italian marines issues on Monday

The marines face trial in a special Indian court for shooting and killing two Indian fisherman - Jelestine Valentine and Ajesh Binki - while guarding an Italian oil tanker off the coast of Kerala in February, 2012. The Italian government claims India does not have jurisdiction in the case as the incident took place in international waters.

http://ibnlive.in.com/news/fisherme...an-marines-issues-on-monday/379385-3-244.html