INDIA: Two Italian sailors charged with killing two Indian fishermen lose their Supreme Court bid to be tried on home soil, a victory for New Delhi in a diplomatic tussle over jurisdiction

Record ID: 1372011

  • Title: INDIA: Two Italian sailors charged with killing two Indian fishermen lose their Supreme Court bid to be tried on home soil, a victory for New Delhi in a diplomatic tussle over jurisdiction
  • Date: 18th January 2013
  • Summary: ITALIAN MERCHANT VESSEL ENRICA LEXIE NAPOLI, IN WHICH THE ITALIAN MARINES WERE BASED, SAILING IN THE SEA 'ENRICA LEXIE NAPOLI' WRITTEN ON THE HULL OF THE VESSEL KOLLAM, KERALA, INDIA (FILE- DECEMBER 17, 2012) (ORIGINALLY 4:3) (ANI-NO ACCESS BBC) 18 'ST. ANTONY' WRITTEN ON THE HULL OF THE FISHING BOAT, WHICH WAS CARRYING THE TWO DECEASED FISHERMEN WHILE THEY WERE SHOT BY THE ITALIAN MARINES 'TN/15/MFB/208' WRITTEN ON THE BOAT ST. ANTONY FISHING BOAT STATIONED AT THE DOCK
  • Embargoed: 2nd February 2013 19:42
  • Keywords:
  • Location: India
  • Country: India
  • Topics: Crime,International Relations,Politics
  • Reuters ID: LVADLQ0E2IWI919MIZ774E2U31TX
  • Aspect Ratio: 4:3
  • Story Text: Two Italian sailors charged with killing two Indian fishermen lost their Supreme Court bid on Friday (January 18) to be tried on home soil, a victory for New Delhi in a diplomatic tussle over jurisdiction that has strained ties between the two countries.
    The sailors, members of a military security team protecting the cargo ship Enrica Lexie, said they mistook the fishermen for pirates off the southern Indian state of Kerala in February 2012.
    The counsel for the Italian government, Viplav Sharma informed mediapersons that the Supreme Court has ruled that a special court should be set up to try the marines. There were no immediate details about how the court arrived at its long-awaited decision.

    "The state of Kerala do (does) not have jurisdiction to register the FIR (First Information Report), the investigation has been held to be back in law and the investigation and trial proceedings of the Kerala has been set aside by this honourable court. At the same time, this conclusion has been arrived at by the Supreme Court on the basis that this case involves the question of extension of sovereignty and sovereign rights, which is within the domain of Union of India, so it is the Union of India, which will have its jurisdiction and for that purpose a special court will be constituted with the concurrence and consent of his lordship, the chief justice of India," said Sharma.
    Italy challenged India's right to try the sailors in the New Delhi Supreme Court, saying the shooting took place in international waters, outside the jurisdiction of Indian courts.
    Indian authorities accuse the sailors of shooting unarmed fishermen in a "contiguous zone" where Indian law applies.
    The incident has caused a serious diplomatic dispute between Italy and India, which have traditionally had good relations.
    The verdict comes almost a month after Italy expressed "strong disappointment" that the Supreme Court had delayed the decision on where the two men would face trial.
    Sailors Massimiliano Latorre and Salvatore Girone spent Christmas in Italy after a Kerala court allowed them to join their families for the holiday on condition that they returned to India by January 10, which they did.
    In April, Italy paid $190,000 compensation to each of the victims' families, who then dropped their cases against the marines.
    In October, Ferrari's Formula One team emblazoned its cars with the Italian navy's flag in the Indian Grand Prix in a show of solidarity with the military officers, reigniting Indian anger over the incident.
    Attacks on ships have increased in the eastern side of the Arabian Sea, as better security around the Horn of Africa has pushed Somali pirates to range as far as the Maldives. The waters close to India are generally considered safer.
  • Copyright Holder: ANI (India)
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