Marines issue: Italy may recall ambassador to India

[Hindustani78]

Foreign lawyers to appear for India in Italian marines case - The Hindu

Updated: August 9, 2015 11:33 IST

"India will challenge Italy’s decision to take the matter to the international tribunal. The crime had taken place in Indian waters so the tribunal has nothing to do with it," : official
Two foreign lawyers, experts in international arbitration, will appear on behalf of 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 on Monday.

Alain Pellet and R Bundy were hired by India to represent its case before the International Tribunal on Law of the Sea (ITLOS) in the German city that will hear the case for two days.

Mr. Pellet is a French expert in international law and former president of the UN International Law Commission while Mr. 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 comprises 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 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.

Mr. 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 marines Massimiliano Latorre and Salvatore Girone as the alleged offence had taken place in Indian waters.

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

 

[Hindustani78]

India challenges Italy's move to take Marines case to tribunal | Zee News
Last Updated: Monday, August 10, 2015 - 20:46

Hamburg (Germany): India today challenged Italy's move to take the case of two of its marines, accused of killing two Indian fishermen off Kerala's coast, to an international tribunal saying Italy's contentions were "short" and "misleading" and it was "insensitive" towards the victims.

In its submission before the International Tribunal on Law of the Sea (ITLOS) here, India said the story told by Italy is as "short and straightforward as it is misleading" as the incident took place in India's Exclusive Economic Zone, thus it has full jurisdiction over the case.

"Marines used automatic weapons without warning and shot in head and stomach of the two fishermen...This case is not covered by Article 97 of of the United Nations Convention on the Law of the Sea but rather a double murder at sea," India's representative submitted before the Tribunal which opened its two-day hearing today.

New Delhi said it has conducted an in-depth investigation and is prepared to exercise its criminal jurisdiction over the two marines, provided the independent judicial chamber confirms that it has such jurisdiction.

Marines Massimiliano Latorre and Salvatore Girone, who were on board ship 'Enrica Lexie', are accused of killing two Indian fishermen on February 15, 2012.
Challenging Italy's contention that Sergeant Girone has been kept in India as a "hostage", India said such description is highly inappropriate and offensive and belies the fact that both marines were twice allowed to travel to Italy at the same time.

Moreover, the restrictions to his freedom of movement are a very lenient treatment for an individual who, it cannot be contested, shot and killed unarmed fishermen, it said.

"Most importantly well being and humanitarian considerations in favour of persons accused of a serious crime have to be balanced with that of the victims of the crime. It is surprising that Italy is insensitive to the interests and plight of victims of crime and is adopting a discriminatory attitude," India said in its submission.

New Delhi said the inconveniences of Latorre and Girone are pale in comparison to the murder of the two innocent fishermen and the pain and suffering inflicted on their families.
India said Italian accounts overlook the crucial fact that the delays Italy complains of are due to Italy's own delaying tactics as it was trying to pass the blame on India.

Even the Supreme Court targeted Italy for its endless efforts to delay the proceedings and not India, it said.

PTI

 

[Hindustani78]

A file photo of Italian marines Massimiliano Lattore, right, and Salvatore Girone, who are accused of killing two Indian fishermen.

Italy’s plea for marines misleading: India - The Hindu

India has told the International Tribunal for the Law of the Sea (ITLOS) that Italy’s plea in the Italian marines case was "misleading".
India has told the International Tribunal for the Law of the Sea (ITLOS) that Italy’s plea in the Italian marines case was “misleading” and “distorted reality.” India told the Tribunal that it was Italy which had delayed any legal finalisation of the case, which dates back to 2012 and “it cannot blow hot and cold at the same time.”

In a written submission, India told the Tribunal that Italy’s call for “compassion” for the two Italian marines who shot dead two Indian fishermen off the Kerala coast in 2012 was “misplaced” and also accused Italy of filing numerous applications which were “abusive and mutually inconsistent” to delay the case.

It said that Italy’s request that India shall refrain from taking or enforcing any judicial or administrative measures against Sergeants Massimiliano Latorre and Salvatore Girone was based on “a selective, self-serving and patently inaccurate account of the judicial and administrative actions that India has taken with regard to the killing of two unarmed fishermen operating within India’s exclusive economic zone.”

As reported first by The Hindu, the Italian government went for arbitration in the Italian marines case and approached the ITLOS at Hamburg, Germany, in July this year. The ITLOS is one of the forums available for international disputes. India has hired two international arbitration experts, Alain Pellet and R Bundy to represent its case.

Italy also requested the Tribunal that “it should take all measures necessary to ensure that restrictions on the liberty, security and movement of the Marines be immediately lifted.”

The incident was reported on February 12, 2012 when the duo allegedly opened fire on an Indian boat-St. Antony killing two Indian fishermen from Kerala on board. The Marines were then arrested by the Kerala Police and the case was later on 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 Italy’s plea to elicit compassion for Mr. Latorre on grounds of deteriorating health, India said “a confidential report of doctors described that his state of health was evolving and may improve during the coming months.” Mr. Latorre is presently in Italy after he made a submission before the Supreme Court that he as unwell.

Challenging Italy's contention that Mr. Girone has been kept as a “hostage”, India said, “he is under bail conditions, which are moderate for a person accused of murder. And for good reasons, Mr Girone’s life in Delhi does not call for lamentations, he lives in the comfort of the Residence of the Italian Ambassador in Delhi and seems to enjoy quite a comfortable life.”

Challenging Italy's contention that Sergeant Girone has been kept in India as a “hostage”, India said such description is highly inappropriate and offensive and belies the fact that both marines were twice allowed to travel to Italy at the same time.

 

[PLANZubr]

India is beaten by Italy, a nation 100x smaller. Pity the shupa powa elephant.

 

[Hindustani78]

India is beaten by Italy, a nation 100x smaller. Pity the shupa powa elephant.

Actually India is still working according to United Nations resolutions.

 

[Godman]

India shouldn't pick fights like this with the west if they want to be a superpower

 

[Ryuzaki]

India shouldn't pick fights like this with the west if they want to be a superpower

No one cares for this issue except Italy

 

[fnv74]

All I can say is that they have a nerve, to ask to return for Christmas, after the drama they pulled when we allowed them to do that before.

Those Indian fishermen must have not understood the warnings given in English.

 

[Hindustani78]

Fishermen killing case: India seeks rejection of Italy's plea for handing over Marines | Zee News

Last Updated: Tuesday, August 11, 2015 - 21:34

Hamburg: India has sought rejection of Italy's plea to an international tribunal for handing over of two of its marines, accused of killing two Indian fishermen off Kerala's coast, saying India has full jurisdiction in the case and Italy's contentions in this regard were "misleading".


In its submission before the International Tribunal on Law of the Sea (ITLOS) here, India said the story told by Italy is as "short and straightforward as it is misleading" as the incident took place in India's Exclusive Economic Zone, thus it has full jurisdiction over the case.

"Marines used automatic weapons without warning and shot in head and stomach of the two fishermen...This case is not covered by Article 97 of of the United Nations Convention on the Law of the Sea but rather a double murder at sea," India's representatives submitted before the Tribunal which opened its two-day hearing yesterday.

India was represented in the tribunal by Neeru Chadha, Legal Advisor, Ministry of External Affairs, as Agent, two lawyers Alain Pellet and Rodman Bundy, Narinder Singh, Chairman, International Law Commission, besides others.

"The Republic of India requests the International Tribunal for the Law of the Sea to reject the submissions made by the Republic of Italy in its request for the prescription of provisional measures and to refuse prescription of any provisional measures in the present case," India's representatives said.

India said suspension of trial proceedings in the Supreme Court until the proceedings are completed in the tribunal would constitute a serious injustice to the memory of the victims and to the feelings, rights and interests of their families which have been devastated by the murders.

"If the marines are allowed to go, Italy will not impose upon control and restrictions of movement and necessary when a person is accused of murder...They will not return to India," it said.

New Delhi said it has conducted an in-depth investigation and is prepared to exercise its criminal jurisdiction over the two marines, provided the independent judicial chamber confirms that it has such jurisdiction.

Marines Massimiliano Latorre and Salvatore Girone, who were on board ship 'Enrica Lexie', are accused of killing two Indian fishermen on February 15, 2012.

Challenging Italy's contention that Sergeant Girone has been kept in India as a "hostage", India said such description is highly inappropriate and offensive and belies the fact that both marines were twice allowed to travel to Italy at the same time.

Moreover, the restrictions to his freedom of movement are very lenient treatment for an individual who, it cannot be contested, shot and killed unarmed fishermen, it said.

"Most importantly well being and humanitarian considerations in favour of persons accused of a serious crime have to be balanced with that of the victims of the crime. It is surprising that Italy is insensitive to the interests and plight of victims of crime and is adopting a discriminatory attitude," India said in its submission.

New Delhi said the inconveniences of Latorre and Girone are pale in comparison to the murder of the two innocent fishermen and the pain and suffering inflicted on their families.

India said Italian accounts overlook the crucial fact that the delays Italy complains of are due to its own delaying tactics as it was trying to pass the blame on India.

Even the Supreme Court targeted Italy for its endless efforts to delay the proceedings and not India, it said.

Italy alleged Girone has been detained in India without charge since the incident, while Latorre was allowed to travel to his home country for medical treatment in September after suffering a stroke.

"Frustration, stress and deteriorating medical conditions affecting directly and indirectly the people involved threaten great prejudice to Italy's rights and mean that there is the need to address urgently this situation," Italy submitted before the Tribunal.

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 comprises 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 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.

PTI

 

[samv]

India needs to pursue this to the end. These European countries think that they can get away with anything.

 

[Hindustani78]

India needs to pursue this to the end. These European countries think that they can get away with anything.

This is more about UN International law. If the International law will be over looked then it will back fire other countries.

 

[Mr.Nair]

India is beaten by Italy, a nation 100x smaller. Pity the shupa powa elephant.

A giant dragon required russian and other countries help to deal with a 1000 X tiny Japan

 

[Hindustani78]

A giant dragon required russian and other countries help to deal with a 1000 X tiny Japan

According to reports United states have transferred 60% of its Navy in South East Asia.

 

[Mr.Nair]

According to reports United states have transferred 60% of its Navy in South East Asia.

60% of US navy, air force deployed in Asia Pacific by 2020 | Headlines, News, The Philippine Star | philstar.com

 

[AMCA]

India is beaten by Italy, a nation 100x smaller. Pity the shupa powa elephant.

Yeah Right! And Vatican owns China!! .