The Supreme Court on Wednesday allowed Italian marine Massimiliano Latorre to stay on in Italy till a final decision is taken by an international tribunal on India’s jurisdiction to try him and his compatriot Salvatore Girone for the murder of two Kerala fishermen in 2012.
The Union government raised no objection to the marine’s plea to remain in Italy, saying that even the tribunal had acknowledged the Supreme Court’s continuing jurisdiction insofar as relaxing Mr. Latorre’s bail conditions were concerned.
A three-judge Bench of Justices Anil R. Dave, Kurian Joseph and Amitava Roy permitted Mr. Latorre, who went to Italy in 2014 after he suffered a stroke, to stay back like Mr. Girone.
The Bench directed the Union to file progress reports every three months in the Supreme Court, detailing the stage of proceedings at the tribunal.
Additional Solicitor-General P.S. Narasimha said Mr. Latorre’s plea was backed by a sovereign undertaking from Italy to comply with the court’s directions.
Similar conditions
During the hearing, the Centre listed a few conditions which it wanted the Bench to impose while relaxing Mr. Latorre’s bail. Some of these conditions are similar to those imposed on Mr. Girone, such as reporting on the first Wednesday of every month to the local police station in Italy.
The Centre said the Italian authorities have been sending a Note Verbale to their Indian counterparts every three months on Mr. Girone, and this would be followed in Mr. Latorre’s case too.
At this point, the Kerala government intervened to highlight the importance of the Supreme Court on keeping an eye on the proceedings in the tribunal.
“They say the tribunal proceedings would be decided only by the end of 2018. It may also take another five years to complete ... Who knows? It is the Supreme Court which has to see that nobody loses interest in this case where two poor fishermen have been killed in cold blood,” senior advocate K.N. Balagopal submitted.
Senior advocate Rana Mukherjee, who appeared for the families of the fishermen, said the witnesses were in “perpetual waiting” for justice to be done.
Mr. Balagopal submitted how Italy claimed before the international tribunal that India had violated privacy laws.
Humanitarian rights
“They said humanitarian rights of the marines are under threat. What about the humanitarian rights of the fishermen killed,” Mr. Balagopal submitted.
In May 2016, the Supreme Court allowed Mr. Girone to leave for Italy on “humanitarian grounds”.
He was forced to stay back in India while Mr. Latorre went home to get better. In August 2015, the Supreme Court suspended all court proceedings in India after Italy moved the International Tribunal for the Law of the Sea.
PTI adds:
The court had imposed four conditions on him, including that he has to report to a police station in Italy on the first Wednesday of each month and the Italian authorities have to inform the Indian Embassy in Rome about it.
The second condition was that he will not tamper with any evidence, nor influence any witness in the case.
The third was that Girone will give an undertaking that he will remain under the jurisdiction of the Supreme Court, and lastly, if found violating any of these conditions, his bail will be cancelled, the court had said.
The complaint against the marines was lodged by Freddy, owner of fishing boat St. Antony in which the two Kerala fishermen were killed when the marines opened fire from the Italian-flagged commercial oil tanker, Enrica Lexie, on them, allegedly under the misconception that they were pirates.
