Sources in New Delhi reproduced “relevant extracts” from the order of the UN arbitration tribunal at the Hague regarding Italian marine Salvatore Girone.
Sources in New Delhi reproduced “relevant extracts” from the order of the UN arbitration tribunal at the Hague regarding Italian marine Salvatore Girone.
According to the extracts, one, the order neither releases nor frees any marine. It only recommends further relaxation of bail conditions of one Italian marine (Girone) to be considered and decided upon by the Indian Supreme Court. It may be noted that Sgt. Girone is already on bail on orders of the Supreme Court, the sources said.
Two, the arbitral tribunal’s order clearly recognises that “Girone is under India’s authority alone” and that the “Supreme Court of India exercises jurisdiction” over him.
Three, the order therefore asks India and Italy to approach the Supreme Court of India for relaxation of the bail conditions of one marine (Girone) under strict conditions to be laid down by the Indian Supreme Court, they said.
Four, the tribunal has suggested that these may “include the following conditions and guarantees: Italy shall ensure that Sgt. Girone reports to an authority in Italy designated by the Indian Supreme Court in intervals to be determined by the court; Sgt. Girone shall be required by Italy to surrender his passport and shall be prohibited from leaving Italy unless the Supreme Court of India grants him leave to travel; Italy shall on its own motion apprise the Supreme Court of India of the situation of Sgt. Girone every three months”, the sources said. Five, Italy itself has accepted that if Girone is allowed by the Indian Supreme Court to return to Italy, “he will remain under the jurisdiction of the courts of India” and “without prejudice to the authority of India’s courts”.
Six, the order also says that “India must be assured, unequivocally and with legally binding effect, that Sergeant Girone will return to India in case the arbitral tribunal finds that India has jurisdiction over him in respect of the Enrica Lexie incident”. Italy has already given multiple undertakings to this effect, they added.
Seven, the tribunal affirms that “these undertakings constitute an obligation binding upon Italy under international law”. The tribunal also “confirms that Italy is under an obligation to return Sergeant Girone to India if the arbitral tribunal finds that India has jurisdiction over him in respect of the Enrica Lexie incident”, the sources said.
The tribunal is adjudicating only on the limited question of whether India or Italy has the jurisdiction to try the two marines for the killing of two innocent Indian fishermen. Only after the tribunal decides which country has jurisdiction will the criminal trial commence.
Pending this final decision of the tribunal, both marines are currently on bail on orders of the Supreme Court and will continue to remain under its jurisdiction till the verdict of the arbitral tribunal.
