Active Stocks
Tue Mar 19 2024 11:21:05
  1. Tata Consultancy Services share price
  2. 4,024.95 -2.89%
  1. Tata Steel share price
  2. 148.45 -0.77%
  1. Power Grid Corporation Of India share price
  2. 263.10 -0.72%
  1. NTPC share price
  2. 313.00 -1.31%
  1. HDFC Bank share price
  2. 1,449.95 0.26%
Business News/ Politics / Policy/  India, Italy differ over court order in marines’ case
BackBack

India, Italy differ over court order in marines’ case

Italy says one marine will be able to return to Italy; India claims Italy has misrepresented tribunal's order

Italy had in March asked the tribunal to order India to release Salvatore Girone (left). Photo: AFPPremium
Italy had in March asked the tribunal to order India to release Salvatore Girone (left). Photo: AFP

New Delhi: India and Italy on Monday differed sharply in their interpretations of an order issued by the Permanent Court of Arbitration at the Hague on two Italian marines wanted by India for the killing of two of its nationals in 2012.

According to the Italian foreign ministry’s version of events, Italian marine Salvatore Girone will be able to return to Italy while his case is subject to an arbitration procedure, the Press Trust of India news agency said.

“The foreign ministry informs that the arbitral tribunal set up in The Hague has anticipated today (Monday) its decision that Girone Rifleman (be allowed to go) back in Italy until the end of the arbitration proceedings, initiated by the government on 26 June 2015. The return of the conditions will be agreed between Italy and India," the Italian ministry said, according to PTI.

In New Delhi, people familiar with the development said Italy was “misrepresenting" the tribunal’s order and that Girone’s bail condition would be set by the Supreme Court of India.

“The tribunal order affirms Supreme Court of India’s authority. India and Italy asked to approach the Supreme Court for relaxation of bail conditions for Girone. The possible return to Italy (by the marine) is strictly conditional on Italy guaranteeing to return him if required," the person said.

Girone is being held in the Italian embassy in New Delhi while his colleague Massimiliano Latorre, who suffered a stroke while in New Delhi in 2014, is in Italy after the Supreme Court allowed him to return for medical treatment.

The two men are wanted by Indian law for the killing of two Indian fishermen off the coast of Kerala in 2012. In their defence, the marines have said that they mistook the fishermen for pirates.

The issue has soured ties between India and Italy with the latter opposing India’s admission into the Missile Technology Control Regime (MTCR), an elite group that sets the rules for acquisition of missiles by countries.

According to PTI, Italy had in March asked the tribunal to order India to release Girone, saying that otherwise he risked having to spend four more years in India without any charges being pressed against him, which in turn would amount to a “grave violation of his human rights."

Following the tribunal’s reported order, the Italian government will start immediate consultations with India to ensure that the conditions to give effect to the decision of the arbitral tribunal are quickly defined and agreed, PTI said.

However, according to one of the people familiar with the developments cited above, the tribunal’s order “neither releases nor frees any Marine. It only recommends further relaxation of bail conditions of one Italian Marine (Girone) to be considered and decided upon by the Indian Supreme Court."

“The order clearly recognises that Girone is under India’s authority alone and that the Supreme Court of India exercises jurisdiction over him," the person said.

“The order therefore asks India and Italy to approach the Supreme Court of India for relaxation of the bail conditions of Marine Girone under strict conditions to be laid down by the Supreme Court."

The tribunal has suggested that the “strict conditions" include the following—that Italy shall ensure that Girone reports to an authority in Italy designated by the Supreme Court of India at intervals to be determined by the Supreme Court of India and that Girone shall be required by Italy to surrender his passport and shall be prohibited from leaving Italy unless the Supreme Court of India grants him leave to travel.

“The Order also says that India must be assured, unequivocally and with legally binding effect, that Sergeant Girone will return to India in case the Arbitral Tribunal finds that India has jurisdiction over him," the person cited above said.

“The tribunal is adjudicating only on the limited question of whether India or Italy has the jurisdiction to try the two Marines," the person said. “Only after the Tribunal decides which country has jurisdiction, will the criminal trial commence. Pending this final decision of the tribunal, both Marines are currently on bail on orders of the Supreme Court and will continue to remain under its jurisdiction till the verdict of the Arbitral Tribunal," the person said.

In a statement, Indian foreign ministry spokesman Vikas Swarup said that the tribunal “unanimously prescribed that India and Italy would approach the Supreme Court of India for relaxation of bail conditions of Sergeant Girone. While remaining under the authority of the Supreme Court of India, he may return to Italy for the duration of the present arbitration. The Tribunal confirmed Italy’s obligation to return him to India in case it was found that India had jurisdiction over him in respect of the incident.

“The Tribunal left it to the Supreme Court of India to fix the precise conditions of Sergeant Girone’s bail. This could include him reporting to an authority in Italy designated by our Supreme Court, surrendering his passport to Italian authorities and not leaving Italy without the permission of our Supreme Court. Italy shall apprise our Supreme Court of his situation every three months," Swarup said.

Swarup also said that the tribunal had “confirmed that Italy is under an obligation to return Sergeant Girone to India if the Tribunal finds that India has jurisdiction over him."

“The authority of the Supreme Court has been upheld. We remain confident that the issue of jurisdiction will be determined in our favour," he added.

Unlock a world of Benefits! From insightful newsletters to real-time stock tracking, breaking news and a personalized newsfeed – it's all here, just a click away! Login Now!

Catch all the Politics News and Updates on Live Mint. Download The Mint News App to get Daily Market Updates & Live Business News.
More Less
Published: 02 May 2016, 06:38 PM IST
Next Story footLogo
Recommended For You
Switch to the Mint app for fast and personalized news - Get App