Italy requests SC to enforce UN court verdict, allow marine to return

NEW DELHI: Italy on Monday sought the Supreme Court’s approval to allow one of its marines accused of killing two Indian fishermen off the Kerala coast in 2012 to go home on humanitarian grounds, while the International Tribunal for the Law of the Sea decides which country has the jurisdiction to try them.

A vacation bench comprising justices Pinaki Chandra Ghose and DY Chandrachud agreed to hear the plea on Thursday, May 26. India claimed it has jurisdiction over the two marines on the ground that the MV Enrica Lexie, an oil tanker flying the Italian flag that was carrying them, was in its exclusive economic zone when the incident occurred, an assertion that Italy contests. Italy went to the tribunal contesting India’s stand, saying that the crew of the Enrica Lexie must be tried at home because it was in international waters when the incident took place.

The marines, Sergeant Massimiliano Latorre and Sergeant Salvatore Girone, allegedly opened fire on the fishermen off the Kerala coast on the suspicion that they were pirates. The incident kicked off a diplomatic furore after the Kerala police arrested them.

The case was transferred to the central government as it was an issue between two sovereign countries. One of the marines, Latorre, was permitted to leave for Italy on bail by the Supreme Court in September 2014 so that he could have life-saving surgery. The second marine, Girone, is staying in the Italian embassy in New Delhi, as per an earlier bail order.

In its April 29 interim order, ITLOS ruled Italy should move the Indian SC to allow Girone to leave for home, while remaining under control of the court as the arbitration proceedings continue.