Marines issue: Italy may recall ambassador to India

[Hindustani78]

you can't be too sure about that. Kurian besides being a Christian, is also a Malayali and the fishermen who died were also Malayalis. When it is a question of Malayali unity vs Christian unity, most Malayalis will choose the former (at least the ones I have met do that. In fact this even applies to Malayali Muslims who are not from Northern Kerala). Let's see how Christian/Malayali, Kurian is.

According to Times of India article .

All 24 chief justices of the HCs participated in the conference but according to Supreme Court website there are 28 CJI's.

The Hindu
Top judges meet to discuss judicial reforms, pendency of cases - The Hindu
The two-day conclave, led by the Chief Justice of India H.L. Dattu and two senior-most judges of the Supreme Court, Justices T.S. Thakur and Anil R. Dave, has the Chief Justices of 24 High Courts in attendance, and is being held at the Supreme Court after two years.

 

[Hindustani78]

In growing influence, India elected to four international bodies | Zee News
Last Updated: Thursday, April 9, 2015 - 16:18

New Delhi: The Supreme Court on Thursday allowed Italian marine Massimiliano Latorre to stay in Italy till July 15 on health grounds.


Latorre had filed a plea in the apex court seeking extension of his stay in Italy by another three months for further treatment and recuperation following heart surgery on January 5.

The bench of Justice Anil R Dave and Justice Kurian Joseph had on Tuesday said Latorre's plea would be taken up on Thursday, after counsel Soli Sorabjee mentioned the matter for an early hearing.

The court had on January 14 extended by three months Chief Master Sergeant Latorre's stay in Italy for his recovery after his heart surgery.

The application seeking extension said doctors at the Taranto Military Hospital have specifically advised Latorre to continue to undergo intensive rehabilitation therapy in his home environment to help him recover.

Latorre and another marine, Salvatore Girone, are accused of killing two Indian fishermen off the Kerala coast in February 2012, allegedly mistaking them for sea pirates.

While allowing three months extension to Latorre on January 14, the apex court had taken an undertaking from the Italian ambassador assuring the court of the marine's return on expiry of the extended period.

The court had on September 12, 2014 allowed Latorre to go to Italy for four months for treatment, recovery and rehabilitation after he suffered a brain stroke.

(With IANS inputs)

 

[Hindustani78]

Marines row: Italy files arbitration case - The Hindu
Updated: June 27, 2015 03:24 IST

Italy will seek the immediate transfer of the two marines to the country.

With unending delay in concluding the judicial process involving two Italian marines in India, Italy on Friday launched an international arbitration case against India within the framework of the United Nations Convention on the Law of the Sea, the Italian Foreign Ministry said in a statement on its website.

Italy will seek the immediate transfer of the marines Massimiliano Latorre and Salvatore Girone to the country pending the arbitration process.

No conclusion
“The decision, which Parliament had called for, was taken at the conclusion of the necessary negotiating phase directly with India and facing the impossibility of reaching a solution to the dispute,” the statement added.

Italy also asserted that there will be an “all-out effort” to assert with the utmost determination the reasons underlying the “known position on the Italian jurisdiction and immunity.”

The goal, the statement said, “is the successful conclusion of the affair, which lasted far too long” and reiterated commitment to freeing the two marines.

In February 2012, the two marines, on board an Italian commercial vessel, shot and killed two Indian fishermen, mistaking them for pirates.

While India insists that the vessel was in Indian territorial waters and therefore should be tried by Indian jurisdiction, Italy claims the incident took place in international waters and that the marines should therefore be tried in Italy or in an international court.

**************

So both Italian marines are in India.

 

[Hindustani78]

Marines case: Italy invokes international arbitration against India | Zee News
Last Updated: Monday, July 13, 2015 - 18:41
New Delhi: Italy on Monday made a fresh plea before the Supreme Court saying it has invoked international arbitration challenging India's jurisdiction to try two of its marines, accused of killing two Indian fishermen three years ago, as the court allowed one of them to remain in Italy for six more months on medical grounds.

Additional Solicitor General (ASG) PS Narasimha told an apex court bench, headed by Justice AR Dave, that India, being a signatory to the International Convention, would participate in these arbitration proceedings.

The ASG asserted that India had jurisdiction to try the Italian marines, Massimiliano Latorre and Salvatore Girone, as the alleged offence had taken place in the Indian waters.

The marines, who were on board ship 'Enrica Lexie', are accused of killing two Indian fishermen off the Kerala coast on February 15, 2012, under the misconception that they were pirates.

The bench, which also comprised Justices Kurian Joseph and Amitava Roy, sought response from Union of India on the fresh plea of the Italian government that it has invoked international arbitration against alleged territorial jurisdiction of India to try the marines for homicide.

It asked the government to file its reply to the fresh Italian plea within two weeks and gave two weeks after that to the Italian government to file a rejoinder, if any.

The bench also asked senior advocates Soli Sorabjee and KTS Tulsi, appearing for the marine, not to delay the hearing of the petition by which the jurisdiction of the National Investigation Agency to probe the case has been challenged.

Tulsi had said the plea challenging NIA's right to probe the deaths was filed as the Centre, in an affidavit, had said that the Suppression of Unlawful Acts Against Safety of Maritime Navigation and Fixed Platforms on Continental Shelf Act (known as SUA Act) does not apply in the case.

The court asked Latorre, who underwent a heart surgery in Italy, to file an undertaking that he would abide by its conditions within a week and ordered that the six-month extension would begin from July 15.

On April 9, the court had allowed Latorre to remain in Italy for three more months till today on medical grounds.

Latorre, who had suffered a brain stroke on August 31 last year, was allowed by the apex court on September 12 last to go to Italy for four months.

Earlier, the apex court had taken on record an

"unequivocal" and "unambiguous" undertaking by Latorre regarding the dates of departure and arrival back to India.

It had also taken on record the undertaking furnished by the Italian Ambassador on behalf of the Republic of Italy that the ailing marine would abide by all terms and conditions set for his travel to his native country.

The apex court, on January 14, extended Latorre's stay in Italy by three more months after he underwent a heart surgery.

The marines' plea was referred to this court by a bench headed CJI HL Dattu saying it was not proper for it to take up the application of the marine seeking extension of stay on health grounds, as it had earlier expressed some reservations and made certain observations on a similar plea.

The complaint against the Italian marines was lodged by Freddy, the owner of the fishing boat 'St Antony', in which the two Indian fishermen were killed when the marines started firing on them allegedly under the misconception that they were pirates.

PTI

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Marines case: India likely to accept Italian plea for international arbitration | Zee News
Last Updated: Monday, July 13, 2015 - 21:44

New Delhi: India is likely to agree to Italy's plea for an international arbitration over the alleged involvement of two Italian marines in the killing of Indian fishermen off Kerala coast three years ago.

India has no option but to accept Italy's move as it is one of the signatories to a UN convention in international arbitration, official sources said today.

Italy today made a fresh plea before the Supreme Court saying it has invoked international arbitration challenging India's jurisdiction to try two of its marines, accused of killing two Indian fishermen in 2012, as the court allowed one of them to remain in Italy for six more months on medical grounds.

Additional Solicitor General (ASG) P S Narasimha told an apex court bench, headed by Justice A R Dave, that India had jurisdiction to try the Italian marines, Massimiliano Latorre and Salvatore Girone, as the alleged offence had taken place in Indian waters.

The marines, who were onboard ship 'Enrica Lexie', are accused of killing two Indian fishermen off Kerala coast on February 15, 2012, mistaking them to be pirates.

PTI

SC extends Latorre's stay in Italy by six months | Zee News

New Delhi: The Supreme Court on Monday extended Italian marine Massimiliano Latorre's stay in the European country on medical grounds by six months.

According to reports, the apex court has issued a notice to the Central Government on a plea by Italy, seeking international arbitration in the Italian marines case.

Further details are awaited.

ANI

 

[Hindustani78]

Supreme Court extends marine Massimiliano Latorre’s stay in Italy by six months - The Hindu
Updated: July 13, 2015 17:45 IST

Court seeks response from the Centre on a fresh plea by Italy that it has invoked international arbitration against India’s jurisdiction to try the marines.

The Supreme Court on Monday allowed Italian marine Massimiliano Latorre, who along with a colleague is accused of killing two Indian fishermen three years ago, to stay in Italy for six more months on medical grounds, after the government did not object to his plea.

A bench headed Justice A.R. Dave also sought response from the Centre on a fresh plea by the Italian government that it has invoked international arbitration against alleged territorial jurisdiction of India to try its marines — Latorre and Salvatore Girone, for the offence of homicide.

Additional Solicitor-General (ASG) P.S. Narasimha, appearing for the Centre, told the bench that India, being a signatory to the International Convention, would participate in these arbitration proceedings.

The ASG also said that India had jurisdiction as the alleged offence had taken place in the Indian waters.

The bench, which also comprised Justices Kurian Joseph and Amitava Roy, asked Latorre to file an undertaking that he would abide by its conditions within a week and ordered that the six-month extension would start from July 15, 2015.

It asked the government to file its reply to the fresh plea of Italy within two weeks and gave two weeks after that to the Italian government to file a rejoinder, if any.

On April 9, the court had allowed Latorre to remain in Italy for three more months till July 13 on medical grounds.

It had also asked senior advocates Soli Sorabjee and K.T.S. Tulsi, appearing for the marine, not to delay the hearing of the petition by which the jurisdiction of the National Investigation Agency to probe the case has been challenged.

Mr. Tulsi had said the plea challenging NIA’s right to probe the deaths was filed as the Centre, in an affidavit, had said that the Suppression of Unlawful Acts Against Safety of Maritime Navigation and Fixed Platforms on Continental Shelf Act (known as SUA Act) does not apply in the case.

Latorre, who had suffered a brain stroke on August 31, 2014 was allowed by the apex court on September 12 the same year to go to Italy for four months.

The case against Latorre and Girone pertains to the killing of two Indian fishermen allegedly by the marines on board ship Enrica Lexie off Kerala on February 15, 2012.

 

[Hindustani78]

Marines case: India to contest Italy's decision in ITLOS | Zee News
Last Updated: Sunday, July 26, 2015 - 20:21

New Delhi: India will contest the Italian government's decision to the take the matter of two of its marines, accused of killing two Indian fishermen three years ago, to an international tribunal which is going to hear it in the second week of August.


A legal team, headed by a law officer, would be leaving for Germany to represent India's case at International Tribunal for Law of the Sea (ITLOS).

It is presumed that Additional Solicitor General (ASG) P L Narasimha, who is leading the case in the Supreme Court here, will represent the Indian team at the ITLOS.

When contacted, Narasimha said till now no decision has been taken as to who are going to be the members of the team.

The ITLOS is an independent judicial body established by the United Nations Convention on the Law of the Sea to adjudicate disputes arising out of the interpretation and application of the Convention.

The Tribunal is composed of 21 independent members, elected from among persons enjoying the highest reputation for fairness and integrity and of recognised competence in the field of the law of the sea.

Earlier, during hearing in the Supreme Court on July 13, Italy had made a plea before the court saying it has invoked international arbitration challenging India's jurisdiction to try two of its marines accused of killing two Indian fishermen three years ago.

Narasimha had told the apex court bench, headed by Justice A R Dave, that India, being a signatory to the International Convention, would participate in these arbitration proceedings.

The ASG asserted that India had jurisdiction to try the Italian marines, Massimiliano Latorre and Salvatore Girone, as the alleged offence had taken place in the Indian waters.

The marines, who were on board ship 'Enrica Lexie', are accused of killing two Indian fishermen off the Kerala coast on February 15, 2012, under the misconception that they were pirates.

 

[Hindustani78]

Italy moves ITLOS in Marines case - The Hindu
Updated: July 26, 2015 03:12 IST

The Italian government has approached the International Tribunal for the Law of the Sea (ITLOS), one of the four forums available for international disputes, in the Italian Marines case.

It wants India to “refrain from taking or enforcing any judicial or administrative measures” and “ensure that restrictions on the liberty, security and movement of the Marines are immediately lifted.”

India has decided to oppose the plea when the case comes up for hearing at Hamburg, Germany, in August. “Before ITLOS, we will be contending that India alone has jurisdiction to try offences within the country and that the tribunal has no jurisdiction,” Additional Solicitor General P.S Narsimha, who will be representing India at the Tribunal, told TheHindu.

“India will also contend that Italy has not exhausted all remedies, which is a requirement before invoking the jurisdiction of ITLOS. Finally, India will also contend that there is no compelling circumstance to pass any order for provisional measure.”

Hearing to begin on August 10

In a press statement on Friday, International Tribunal for the Law of the Sea (ITLOS) said its President, Judge Vladimir Golitsyn, had fixed August 10, 2015 for the opening of the public hearing in the Italian marines case. The Tribunal, which came into existence in 1994, has 21 members.

On July 21, Italy submitted a request to the Tribunal for the prescription of provisional measures under article 290, paragraph 5, of the United Nations Convention on the Law of the Sea (“the Convention”) in connection with the incident involving MV Enrica Lexie, an oil tanker flying the Italian flag. Two Italian Marines on board, Massimiliano Latorre and Sergeant Salvatore Girone, allegedly opened fire on an Indian boat, St. Antony, killing two Indian fishermen from Kerala in February 2012. The Marines were arrested by the Kerala Police and the case was later transferred to the National Investigation Agency (NIA).

One of the Marines, Mr. Latorre, is presently in Italy on health grounds. The case has become a point of diplomatic tussle between India and Italy.

After the NDA government came to power, Italy requested India to resolve the issue. On June 26, 2015, by a notification addressed to the Government of India, Italy submitted the dispute to the arbitral procedure provided for in Annex VII of the Convention.

“India will appear before ITLOS, which will only be considering provisional measures pending disposal of the issue of jurisdiction before the arbitration Tribunal under Annexe 7 of the convention,” Mr. Narsimha said. India is also trying to rope in an international arbitration expert from Geneva.

Mr. Narsimha said that the present Tribunal could only pass interim orders.

 

[Hindustani78]

Italian president seeks jurisdiction over marines going on trial in India | Zee News
Last Updated: Monday, July 27, 2015 - 21:39

Rome: President Sergio Matarella and Foreign Minister Paolo Gentiloni on Monday said Italy will continue its fight to prevent two marines going on trial in India over the killing of two fishermen.


"Italy is a country that is ready to protect its citizens," Mattarella told Italian ambassadors attending a conference in Rome.

"It intends to keep battling with determination for Massimiliano Latorre to remain in Italy and Salvatore Girone to come home as soon as possible," he added.

Matarella was referring to the two Italian marines accused of killing the Indian fisherman off Kerala on February 15, 2012 while guarding an oil tanker after allegedly mistaking them for pirates.

India`s Supreme Court recently ruled that Latorre could stay in Italy for a further six months for medical treatment after it allowed him home for heart surgery in January following a stroke.

Girone is currently detained at the Italian embassy in India awaiting trial.

Gentiloni told the Italian ambassadors on Monday that the government would back international arbitration of Latorre and Girone`s case "at the international bodies we have decided to turn to".

The UN International Tribunal for the Law of the Sea in Hamburg said on Friday that a public hearing of the marines` case would be held on August 10-11.

The announcement came after Italy moved to end the 40-month-long diplomatic and legal wrangle with India over the marines and asked the Hamburg court to arbitrate the dispute.

Italy filed its motion under article 290 of the UN Convention on the Law of the Sea, which says any precautionary measures undertaken by one party against another in a maritime dispute can be lifted once the case has gone to court.

Italy has requested that India refrain from taking judicial action against Latorre and Girone, from exercising jurisdiction in their case, and that it "immediately lift all restrictions on the marines` freedom of movement".

The Indian government has said it will tell the Hamburg tribunal at the August 10 hearing that it opposes the case being decided at arbitration, arguing that it has jurisdiction to try Latorre and Girone.

Formal charges against the pair have not yet been presented, and Italy has protested numerous delays to the case, which has strained bilateral relations.

Italy argues the case is beyond India`s jurisdiction as the incident took place outside the country`s territorial waters.

It also claims the marines should be exempt from prosecution in India, because they are servicemen who were deployed on an anti-piracy mission.

The European Union has said the dispute risks endangering international anti-piracy efforts.

IANS

 

[[Bregs]]

Let them recall there Ambassador but justice must prevail for the hapless fishermen who were shot

 

[PatriotLover]

India will be shamed in front of the world. The marine will be returned and will receive a heros welcome in Italy for murdering two Indians. India will lose the case as Germans are friends with Italy.

 

[Hindustani78]

India will be shamed in front of the world. The marine will be returned and will receive a heros welcome in Italy for murdering two Indians. India will lose the case as Germans are friends with Italy.

Why you think Republic of India will be shamed ?

First thing, Indian court has dropped the death penalty for the Italian marines , way back in Feb 2014 and even according to European Commission President Jose Manuel Barroso in Feb 2014 that Italian marines were arrested on February 2012, in accordance with international law and the UN Convention on the Law of the Sea.


Foreign nuclear-powered ships and ships carrying nuclear or other inherently dangerous or noxious substances
Article 23
Foreign nuclear-powered ships and ships carrying nuclear or other inherently dangerous or noxious substances
Foreign nuclear-powered ships and ships carrying nuclear or other inherently dangerous or noxious substances shall, when exercising the right of innocent passage through the territorial sea, carry documents and observe special precautionary measures established for such ships by international agreements.



SECTION 4. CONTIGUOUS ZONE
Article 33
Contiguous zone
1. In a zone contiguous to its territorial sea, described as the contiguous zone, the coastal State may exercise the control necessary to:
(a) prevent infringement of its customs, fiscal, immigration or sanitary laws and regulations within its territory or territorial sea;
(b) punish infringement of the above laws and regulations committed within its territory or territorial sea.
2. The contiguous zone may not extend beyond 24 nautical miles from the baselines from which the breadth of the territorial sea is measured.


Article 101
Definition of piracy
Piracy consists of any of the following acts:

(a) any illegal acts of violence or detention, or any act of depredation, committed for private ends by the crew or the
passengers of a private ship or a private aircraft, and directed:
(i) on the high seas, against another ship or aircraft, or against persons or property on board such ship or aircraft;
(ii) against a ship, aircraft, persons or property in a place outside the jurisdiction of any State;
(b) any act of voluntary participation in the operation of a ship or of an aircraft with knowledge of facts making it a pirate ship or aircraft;
(c) any act of inciting or of intentionally facilitating an act described in subparagraph (a) or (b).

Article 102
Piracy by a warship, government ship or government aircraft whose crew has mutinied

The acts of piracy, as defined in article 101, committed by a warship,government ship or government aircraft whose crew has mutinied and taken control of the ship or aircraft are assimilated to acts committed by a private
ship or aircraft

 

[PLANZubr]

Shame on India! Now the international community had enough of Indian lies and tricks. The world will teach India a lesson about obeying international laws!

 

[Hindustani78]

Shame on India! Now the international community had enough of Indian lies and tricks. The world will teach India a lesson about obeying international laws!

Indian court has dropped the death penalty for the Italian marines, way back in Feb 2014 and even according to European Commission President Jose Manuel Barroso in Feb 2014 that Italian marines were arrested on February 2012 in accordance with international law and the UN Convention on the Law of the Sea.

This UN convention on the law of sea might reduce tensions in South China sea and around Africa .

 

[Hindustani78]

India to contest Italy's decision on marines in ITLOS | Zee News


New Delhi: India will challenge Italy's decision to take the issue of two of its marines, accused of killing two Indian fishermen three years ago, to an international tribunal which will hear it on August 10-11 in Hamburg, Germany.

A team, comprising Additional Solicitor General P L Narasimha, officials from Ministries of External Affairs and Home, would be leaving for Germany soon to represent India's case at International Tribunal on Law of the Sea (ITLOS).

"We will challenge Italy's decision to take the matter to the international tribunal. The crime had taken place in Indian waters so the international tribunal has no role to play in it," a Home Ministry official said.

ITLOS is an independent judicial body established by the United Nations Convention on the Law of the Sea to adjudicate disputes arising out of the interpretation and application of the Convention.

The tribunal is composed of 21 independent members, elected from among persons enjoying the highest reputation for fairness and integrity and of recognised competence in the field of the law of the sea.

Earlier, during hearing in the Supreme Court on July 13, Italy had made a plea before the court saying it has invoked international arbitration challenging India's jurisdiction to try two of its marines accused of killing two Indian fishermen three years ago.

Narasimha had told the apex court bench, headed by Justice A R Dave, that India, being a signatory to the International Convention, would participate in these arbitration proceedings.

The ASG said that India had jurisdiction to try the Italian marines, Massimiliano Latorre and Salvatore Girone, as the alleged offence had taken place in the Indian waters.

The marines, who were on board ship 'Enrica Lexie', are accused of killing two Indian fishermen off Kerala coast on February 15, 2012.

PTI

 

[Hindustani78]

Foreign lawyers to appear for India in Italian marines case | Zee News
Last Updated: Thursday, August 6, 2015 - 21:51


New Delhi: Two foreign lawyers, experts in international arbitration, have been hired by India to challenge Italy's move to take the issue of two of its marines, accused of killing fishermen off Kerala coast, to an international tribunal in Hamburg, Germany, next week.


Alain Pellet and R Bundy were hired by India to represent its case before the International Tribunal on Law of the Sea (ITLOS) which will hear the case on August 10-11.

Pellet is a French expert in international law and former president of the UN International Law Commission while Bundy has 30 years of experience as counsel and advocate in many public international law litigations.

An Indian team, comprising Additional Solicitor General P L Narasimha, officials from Ministries of External Affairs and Home, would also be in Germany to assist the two hired lawyers.

"India will challenge Italy's decision to take the matter to the international tribunal. The crime had taken place in Indian waters so the international tribunal has nothing to do with it," a Home Ministry official said.

ITLOS is an independent judicial body established by the United Nations Convention on the Law of the Sea to adjudicate disputes arising out of the interpretation and application of the Convention.

The tribunal is composed of 21 independent members, elected from among persons enjoying the highest reputation for fairness and integrity and of recognised competence in the field of the law of the sea.

Earlier, during hearing in the Supreme Court on July 13, Italy had made a plea before the court saying it has invoked international arbitration challenging India's jurisdiction to try two of its marines accused of killing two Indian fishermen off the coast of Kerala three years ago.

Narasimha had told the apex court bench, headed by Justice A R Dave, that India, being a signatory to the International Convention, would participate in these arbitration proceedings.

The ASG said that India had jurisdiction to try the Italian marines, Massimiliano Latorre and Salvatore Girone, as the alleged offence had taken place in the Indian waters.

The marines, who were on board ship 'Enrica Lexie', are accused of killing two Indian fishermen on February 15, 2012.

PTI