Suspend all trials against Italian marines: UN court to India

NEW DELHI: The International Tribunal for the Law of the Sea (Itlos) based in Hamburg has asked India and Italy to suspend all court proceedings on the two Italian marines charged with killing of two Indian fishermen in 2012. It also advised the nations to refrain from initiating new litigation that could “aggravate or extend” the dispute. The UN tribunal’s order brings a status quo ante to the case.

The Ministry of External Affairs in its reaction said it was clear that Itlos had not considered the two provisional measures that Italy sought, as that would have pre-judged the merits of the case and would not have equally preserved the rights of both parties until the constitution of the tribunal under UN Convention for Law Of Seas that will decide the issue of jurisdiction.

India will continue to abide by the tribunal’s decisions, including the present one on provisional measures, MEA spokesperson Vikas Swarup said. However, according to PTI, a home ministry spokesperson said: “The tribunal asked both India and Italy to suspend all court proceedings but kept mum on Italy's plea to allow him go back home. It is a clear setback for Italy. Sergeant Marine Girone will stay back in India until jurisdiction of the case is decided.”

Hearing Italy's appeal in the case, Itlos president Vladimir Golitsyn asked the two countries to submit an initial report on the incident by September 24.

The judge said: “Italy and India shall both suspend all court proceedings and shall refrain from initiating new ones which might aggravate or extend the dispute submitted to the...arbitral tribunal or might jeopardise or prejudice the carrying out of any decision which the arbitral tribunal may render.”

“Italy and India shall each submit to the tribunal the initial report...not later than 24 September, 2015, and authorises the president, after that date, to request such information from the parties as he may consider appropriate,” noted Golitsyn. The 21-member UN-mandated court issued the order with 15 in favour and six against.

Dissatisfied with India's handling of the case, Italy had taken the matter to Itlos, challenging Indian jurisdiction in the case. The matter has been a thorn in Indo-Italian ties since 2012 and cast a shadow over Indo-EU ties resulting in postponement of a bilateral summit.