Italian marines case: MHA to ask MEA to protest against Italy's 'abuse' of legal process

NEW DELHI: The home ministry plans to ask the ministry of external affairs to protest before an international arbitration panel at the threshold of the proceedings that Italy has "abused the legal process" in the Italian marines case by approaching that forum without exhausting its legal remedies available in India. The case pertains to two Italian marines who were accused of killing two Indian fishermen off the Kerala coast in 2012.

The MEA will be asked to invoke Article 294 in United States Convention on the Law of the Sea (UNCLOS) regarding ‘preliminary proceedings’ which provides for a party to request the tribunal/court to determine whether a claim by the other party constitutes an abuse of the legal process, a top government official told ET.

If the tribunal determines so, it shall take no further action in the case, as per the provision. "Since the matter is pending before the Supreme Court, it is an abuse of the legal process for Italy to go for international arbitration without exhausting legal remedies as required by international law, specified in Article 295 of UNCLOS...," said the official.

If this strategy does not succeed and arbitration process goes ahead, MEA will be advised to bank its case on the 1927 Lotus case decided by Permanent Court of International Justice which ruled Turkey had the right of criminal jurisdiction after Turkish nationals died following a collision between a French and Turkish ship on the high seas.