Marine can go to Italy: Supreme Court

The Supreme Court on Thursday permitted Sergeant Salvatore Girone to go back to Italy till the disposal of the dispute by the International Tribunal set up under the United Nations Convention on Laws of Seas (UNCLOS).

The two marines, Girone and Massililana Lattore who were on board the ship Enrica Lexie, are accused of killing two Indian fishermen off the Kerala coast on February 15, 2012 after allegedly mistaking them for pirates. Both were granted bail by the apex court in 2013 and were staying in Delhi. Lattore went to Italy last year on medical grounds and his stay has been extended from time to time.

Italy has raised a dispute before the Tribunal contending that the marines were guarding an oil tanker and mistook the fishermen for pirates and the attack was in self defence. As the charge sheet is yet to be filed in this case by the national investigation agency, India has agreed to abide by the verdict of the Tribunal.

The government on Thursday said it did not oppose the return of the marine to Italy in the court as it was abiding by an international tribunal ruling. External affairs ministry spokesperson Vikas Swarup, however, said the marine, Salvatore Girone, will remain under jurisdiction of the apex court.

Praising the ruling, Italy said, “The foreign ministry expresses satisfaction over today’s decision of the Indian Supreme Court to immediately enforce The Hague Court of Arbitration’s decision of 29 April, as recently requested by Italy.”

The apex court, which in 2013 while directing the constitution of a special court to try the two marines, did not decide the question of jurisdiction as Italy had argued that only the tribunal could decide such an issue.

Accordingly Italy, with the consent of India, took up the matter before the UN Tribunal, which directed both India and Italy to suspend all proceedings till another Tribunal (ANX—VII) decides the issue of jurisdiction, viz whether India or Italy has the right to conduct the criminal proceedings against the two marines.

Once the ANX tribunal decides the jurisdiction issue, the matter would then go to another Tribunal which will adjudicate the dispute on merits. The proceedings before the Tribunal will conclude in December 2018 when the award is expected and till then the marines will stay in Italy. They are expected to return to face the trial (which has been stayed) if the Tribunal gives a verdict against them.

The court also ordered Salvatore Girone, not to attempt to influence witnesses or destroy evidence in the case upon his return to Italy.

A vacation bench of Justices Prafulla C. Pant and D.Y. Chandrachud the submissions of the Centre and counsel for the Italian government permitted Girone to go back to Italy on condition that he will surrender his passport to the Italian government and report before the designated Carabinieri station in Italy on the first Wednesday of every month.

The Italian Ambassador in India will give an undertaking that the marine will return to India if so required. The court also ordered Salvatore Girone, not to attempt to influence witnesses or destroy evidence in the case upon his return to Italy.