“This is nothing but a conspiracy at the highest level and the Indian government should see that they bring back the two marines to stand trial in the case in our country.” – Dora, wife of fisherman Gelastine
Two Italian marines, who were facing trial in India for allegedly killing two fishermen and were recently granted permission by the Supreme Court to go home to vote in the general election, will not return to India, Italian government said on Monday night.
Massimiliano Lattore and Salvatore Girone, charged with homicide for killing two fishermen off the Kerala coast in February last year in an anti-piracy operation were permitted by the Apex court to go to Italy for four weeks for voting in last month’s election.
Last time they were allowed to go home for the Christmas holidays after which they returned to India on the expiry of their leave.
However in a surprise development, the Italian foreign ministry accused Indian authorities of violating international rights by detaining the marines and said it was “open” to let an international arbitrator to assess the case, according to an official statement.
In New Delhi, Ministry of External affairs said that it has received a communication from Italy late Monday night and it will “examine it carefully”.
It did not, however, say what the communication contained.
The Italian Ambassador in New Delhi, Daniele Mancini, on Monday delivered a ‘note verbale’ to the external affairs ministry in this regard, the statement said.
India, it said, had not responded to Italian requests to seek a diplomatic solution to the case and there was now a “dispute” between the two countries over the terms of the UN Convention of the Law of the Sea.
“Italy has informed the Indian government that, given the formal initiation of an international dispute between the two states, the marines Massimiliano Latorre and Salvatore Girone will not return to India at the end of their home leave granted to them,” it said.
The decision was taken in consultation with the Ministry of Defence and Justice in coordination with the Prime Minister’s Office, the statement said.
The statement said that India’s decision to hold trial of the marines in that country violated their rights under International law. Italy has argued that the marines should be tried in their home country.
The Italian government said it was open to arriving at a resolution of the dispute through international arbitration or judicial settlement.
The Indian Supreme Court had on February 22 permitted the two marines to travel to their country to cast vote in the February 24 and 25 elections there.
The bench said that the marines were only allowed to travel to Italy and remain there and will have to return to India by the end of the four-week deadline.
The two marines were on board the Italian vessel Enrica Lexie, when they had shot dead the two fishermen on February 15, last year.
On January 18, the Apex court had turned down the Italian government’s plea that the Indian courts had no jurisdiction in the case and had held that the two marines should be tried by the Centre by constituting a special court to conduct their trial.
“The incident of firing from the Italian vessel on the Indian shipping vessel having occurred within the Contiguous Zone, the Union of India is entitled to prosecute the two Italian marines under the criminal justice system prevalent in the country,” the bench had said. – Rediff.com, 11 March 2013
Wife of Indian fisherman seeks justice
The two Italian marines who had fatally shot two Indian fishermen must be brought back to India to stand trial, demanded the wife of one of the two fishermen who were killed. Italy has decided not to send the marines back to India.
The two Italian marines being tried for murder in India will not return to the country as New Delhi does not have jurisdiction over the case, the Italian foreign ministry announced Monday.
Dora, wife of Gelastine, said: “This is nothing but a conspiracy at the highest level and the Indian government should see that they bring back the two marines to stand trial in the case in our country.”
The two marines have been at the centre of a year-long international row for allegedly shooting dead two Indian fishermen Ajesh Binki and Gelastine after mistaking them for pirates near the Kerala coast in February 2012.
Kerala Chief Minister Oommen Chandy Tuesday termed as unacceptable Italy’s decision not to send its two marines to India. He said he will take up the issue with the external affairs ministry.
The Supreme Court in February allowed Massimiliano Latorre and Salvatore Girone, accused of killing two Indian fishermen to return to Italy to vote in the Feb 24-25 national elections. It had earlier allowed them to go home for Christmas.
Italy claims the incident occurred in international waters and has been trying to get Latorre and Girone tried in Italian courts, while India contends the shooting occurred in its own territory. – India TV, 12 March 2013
References
- Wikipedia: 2012 Italian shooting in the Arabian Sea
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Special Leave Petition by Italian Marines
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Supreme Court Order on Italy Marines
Filed under: india, italy | Tagged: civil rights, enrica lexie, geopolitics, india, indian politics, indian supreme court, italian marines, italian navy shooters, italian politics, italy, jumping bail, justice, kerala fishermen, nehruism, pirates, police, politics, psychological warfare, sonia gandhi |
BHARATA BHARATI 
http://pakobserver.net/detailnews.asp?id=200293
Madhav Nalapat
Clearly, Italians are specially loved in India, perhaps out of gratitude that the country sent to the shores of the world’s most populous democracy the lady who has captivated with her silent ways the entire Congress Party, the inimitable Sonia Gandhi nee Maino
Prime Minister Manmohan Singh knows that his job does not depend on public opinion but on the goodwill of Sonia Gandhi. Why should he care, therefore, that not only his government but his country (and indeed the people) appear as objects of ridicule by the international community at the sight of two killers being escorted out of India and sent back to their forgiving country for the presumably petty offense of adding two more names to the lengthening list of Third World innocents killed by NATO soldiery? The Italian government has with contempt gone back on its written commitment that the two marines would be sent back, while Manmohan Singh dithers and frets, waiting for a decision from Sonia Gandhi, the source of all his authority. Italy has shown India just who is the boss. Were Jawaharlal Nehru and Indira Gandhi buried and not cremated, both would be twisting and turning in their graves at the pathetic condition to which their country has been reduced by this mockery of justice.
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http://www.niticentral.com/2013/03/15/swamys-petition-against-sonia-rahul-admitted-55860.html
Swamys plea admitted
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Italy had made a private deal with the wives of the fisherman and paid — or was to pay — each one crore rupees to withdraw the case against the shooters. But the government intervened and stopped the arrangement, insisting the matter go to court as India’s territorial rights had been infringed blah blah blah.
The two fisher families got the money but no justice and the government has let the shooters go–wittingly or unwittingly.
For all the bluster from the court and the government — how can the ambassador be expelled if there is a restraining order on him (government’s right hand doesn’t know what its left is doing!) — India looks very foolish today!
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The court has placed a restraining order on the Italian ambassador. I’m not sure if this can be enforced as he has diplomatic immunity and cannot be stopped from leaving the country.
There are many things India can do to make Italy pay for its duplicity, both on the economic and diplomatic level. The question is does India have the gumption to take Italy to task?
Probably not. India does not have a very good record when dealing with these issues.
The bottom line is this: Italy is not going to let its marines sit in an Indian prison for 30 or 40 years because they were passing their time using Indian fisherman for target practice.
So what is Indian going to do about it? Nothing probably in the long run. After the dust settles a bit, it will be business as usual.
Quote: “Vijay Prashad, author of Darker Nations, tweeted ‘Two Italians in Indian jails; it is front page news. 109 Indians in Italian jails. Do you know their names?'” See article Jailed foreigners: What happens when you’re not Italian marines.
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IS , will this happen? Your comments.
5 things Sonia Gandhi could do to tackle Italian marines issue
by Rajeev Sharma Mar 14, 2013
http://www.firstpost.com/world/5-things-sonia-gandhi-could-do-to-tackle-italian-marines-issue-659385.html#disqus_thread
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Wouldn’t India be among the rarest of rare countries in the world where a handful of thugs, scoundrels and traitors take a billion plus of the world’s brightest people for a royal ride like this?
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1. Supreme Court’s order of 22 February 2013
2. Italian marines’ Special Leave Petition in the SC on 9 February 2013
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India may ask Italian envoy to leave – Shubhajit Roy – The Indian Express – New Delhi – Wed Mar 13 2013
Stunned by Italy going back on its sovereign assurance on the return of the Italian marines facing trial in India for killing two fishermen, the External Affairs ministry Tuesday summoned Italian ambassador Daniele Mancini and read him the riot act.
His expulsion, sources said, is being actively considered as one of the options New Delhi can exercise in response to Rome’s sudden decision that was announced late on Monday. Foreign Secretary Ranjan Mathai held meetings with key MEA officials as the government considered its options through Tuesday.
The diplomatic options discussed include minimum diplomatic contact with Italy — like India has with Denmark in recent years over the Kim Davy extradition issue — or snapping all diplomatic ties which includes closing its mission in Rome and asking the Italians to shut theirs in India, cancelling business contracts with Italian companies and stopping all diplomatic visits by either side, sources said.
Besides, the government is also talking to legal experts and law ministry officials to explore legal options.
The diplomatic row has come at a time when India does not have an ambassador in Italy since Debabrata Saha retired in December. His successor, Basant K Gupta, is expected to go to Rome later this month and the embassy in Rome is being run by charge d’affaires Ravi Shankar.
Sources said the pace and extent of escalation will have to be a political call. “All options are being explored with their pros and cons, but the political leadership has to decide which one to opt for,” a source said.
Terming this as an “unprecedented breach” of sovereign guarantee by an envoy on behalf of a country, sources said the Italian ambassador had given an undertaking to the Supreme Court on February 9 that he takes “full responsibility” to ensure that the two marines comply with the court’s orders.
The envoy had also said that the Italian marines will be kept in custody throughout, under the control and supervision of the Italian government which will take full responsibility for securing the return of the marines on or before the expiry of the period submitted before the Supreme Court.
However, there is no collateral with the government or the court to use as leverage. And the government can’t legally act against the Italian ambassador and prosecute him since he enjoys diplomatic immunity under the Vienna convention.
An MEA statement issued after Mancini was summoned to the ministry said that New Delhi does not agree with the position conveyed by the Italian government to set up a meeting at the diplomatic level to reach an amicable solution. This request was made on March 6.
“The Italian ambassador was summoned by the foreign secretary today and government of India’s position on this matter was conveyed to him in the strongest of terms. It was conveyed to him that India expects Republic of Italy as a country that is committed to the rule of law to fulfil the sovereign undertaking given by it to the Supreme Court of India,” the statement said.
“It was only following this undertaking that the Supreme Court allowed the two marines to travel to and remain in Italy for a period of four weeks and return to India under the care, supervision and control of the Italian republic. It was conveyed to the Italian ambassador that the Italian government was obliged to ensure their return to India within the stipulated period as per the terms of the Supreme Court order,” it said.
Earlier on Tuesday, Prime Minister Manmohan Singh told Left MPs that the issue will be taken up with Italy so that the accused soldiers could be brought back to face trial for killing the two Indian fishermen.
Left MPs who met the Prime Minister said Singh told them Italy’s decision was “unacceptable”. However, PMO sources said Singh only told the delegation that the matter would be looked into and he will ask External Affairs Minister Salman Khurshid to take up the issue with Italy.
The CPM also wanted the Supreme Court to explain the rationale behind allowing the marines to travel to Italy to cast their vote in national elections.
BJP spokesperson Prakash Javadekar alleged that Italy’s refusal to send back the two marines was an instance of “diplomatic collusion” between the UPA government and the government in Italy.
“The whole incident appears to have been scripted. Italy is a democratic country and not a banana republic. The Indian government must prevail upon Italy to hand over the two marines,” Javadekar said.
In Kerala, the CPM and the BJP accused the state government of colluding with the Centre to facilitate the exit of the marines. Responding to the criticism, Chief Minister Oommen Chandy said he would raise the issue during his meeting with Prime Minister Singh Wednesday. He is also due to meet Khurshid, his office said. Chandy told reporters that the state government would also explore legal options. – with inputs from ENS, Thiruvananthapuram
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There is collusion at both the Central and the State levels, with Salman Kurshid and Kerala CM Oomen Chandy making noises. Both are 10 Janpath stooges. Are we supposed to believe that anyone expected these Italian Marines to return? Their imprisonment in India was a major embarrassment for Sonia G.
Remember: Sonia G is a nobody in Italy. I would not be surprised to learn that the Italian Government has a dossier on Sonia G just as the Russians and the Americans have. They pull out a juicy detail whenever they want Sonia G to deliver on something.
This is how governments operate in the real world — get what they want by hook or by crook. And by any measure, Sonia G is a prize catch. (As is Rahul Gandhi. Some day we will probably know the real reason why he said he would neither be PM nor marry — the two are totally unrelated.)
This is not the only favour done by Manmohan – Sonia G duo called the UPA. A few months ago, PM during his visit to the European Economic Summit released $12 billion to ‘defend the Euro’ of which $10 billion went to Italy.
Italy is deep economic and political turmoil. The distress is visible in the streets of Rome, especially industrial cities like Turin (close to Sonia G’s own home town).
Expect more string pulling to get India to subsidize the Italian economy — defence deals, etc. All roads lead to Rome.
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Dora is right. There is a conspiracy at the highest level to let the Italian shooters go free.
The court was fully aware that Italy contests India’s jurisdiction in the case. Why then did it allow the shooters to travel to Italy?
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