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Updated: March 6, 2012 19:20 IST

Italian marines sent to judicial custody

  • PTI
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This March 1, 2012 photo shows Italian Marines Latore Massimiliano (front) and Salvatore Girone being escorted by the police at a court in Kollam.
This March 1, 2012 photo shows Italian Marines Latore Massimiliano (front) and Salvatore Girone being escorted by the police at a court in Kollam.

Two Italian marines, charged with murder in connection with the death of two Indian fishermen, were on Monday remanded in judicial custody for 14 days by a court in Kollam and sent to the Central Prison at Thiruvananthapuram.

The marines, Latore Massimiliano and Salvatore Girone, were produced before Chief Judicial Magistrate A.K. Gopakumar as their police custody ended on Monday afternoon.

The court turned down their plea that they should be given all privileges in prison enjoyed by military officials as the Italian government still considered them as military officials. The Magistrate said that under Indian law, there was no provision to accord such special privilege.

The court, however, directed the prison authorities not to lodge them along with other prisoners and to provide them medical facilities. They should also be allowed to interact with Italian visitors for an hour every day between 10 am and 1 pm.

On their plea that they be given special accommodation outside the prison, the Magistrate said it was not within the purview of the court to consider.

However, the court said if the ADGP (Prison) thought it necessary, he could take a decision after consulting the state government and taking into account the security aspects.

The court permitted the prosecution’s request to seek the services of the experts of the Mercantile Marine Department to inspect the electronic equipment on the ship Enrica Lexie from which the fishermen were fired at while they were fishing in a boat along with nine others.

The court asked prison authorities to arrange for Italian food for the marines during their stay in prison.

More In: National | News | Kochi | Kerala

The guilty will be punished. There is nothing about who is italian or indian. Govt of kerala is doing the right job by arresting the suspects and the ship. This would be the same everywhere else in the globe. Whatever is happening is just normal procedures that would happen for any murder case. It's ignorance of govt system and police in kerala if people have a different idea of the episode.

from:  Mathew
Posted on: Mar 7, 2012 at 16:51 IST

Sad to see that my fellow country men are going for comparisons with the killings of tamil fishermen by srilankans.Fisher folks are one of the most unfortunate and marginalised community in our country.Why people / parties of Tamil nadu did not agitated about the establishment's inability to counter srilankan attack?.Since kerala is politically conscious state people responded strongly and that is why action has been taken.Someoen pointed out that there is no evidence that incident happen in indian teritory,GPS maping of the ship clearly states that in happned in indian teritory.No need of crocodile tears for indians who works in Europe.We had taken action aginst the marines not beacuse there are from Italy,but they have done a serious crime in india.So Law of the Land should take it course.Let us all fight for the saftey for our fisher folks and this actions should be a message for the offenders

from:  rejimon varghese
Posted on: Mar 6, 2012 at 23:32 IST

It would have been better if the Government in Kerala had taken all
these arresting of the marines and all after verifying the exact
location of the incidence. This looks more of an egoistic problem of
one with severe inferiority complex. Nothing much is being done when
fishermen are confronted by Sri Lankan navy. And within a weeks time
another ship collides with another fishing boat killing three
fishermen and another two missing. And our own ship simply did not
bother to stop and help rescuing the people of the affected boat but
simply sailed off. That much for our Indian mentality.

from:  vkguptan
Posted on: Mar 6, 2012 at 17:10 IST

as they are soldier .they should be treated as soldier but since they are in Indian jurisdiction they should Obliged with the Indian Indian soldier' were. Also that would present the example over the sea that India have guts if some buddy talk about diplomacy they should know that constitution is above the all..

from:  jian
Posted on: Mar 6, 2012 at 10:11 IST

saw a comment above .. on the almost daily shooting on fishermen in an
area not too far away... why treat this one so different?? also where is
the captain of enrica lexie? who told him to tell the marines that these
waters are pirate infested?? this issue needs to be resolved immediately
in the interests of fair play, justice. It is true that foreigners are
treated shabbily everywhere, but that doesn't mean every country has to
lower itself to that standard..

from:  jaygape
Posted on: Mar 6, 2012 at 00:36 IST

Whatever role Indian Govt. is playing in this case, I fully support. I
am an Indian and staying/studying in Italy from last three years. When
we (Indians) go to Italian Police station to get our permit of stay,
they treat us like refugees even after fulfilling the requirement of
necessary documents.
Will anybody ever consider what is happening to the Indians around the
globe??? (do we expect our rights to get on moon if not in India, not
in foreign countries??)Europeans think that they are superior and they
only know the human rights and regarding rules and now they are
teaching rules to our government.
I am really disappointed after reading such negative replies from our
nationals on this issue. Are we still under foreign rules?? don't we
have our own legislation?? can't we take any decision??? if yes then
who are the Italians to teach our govt. what action they should
gulaami karne ki aadat par gayi hain hame.....

from:  TSS
Posted on: Mar 6, 2012 at 00:12 IST

The government of Kerala only wants to prove to be stronger in Italy and
the national government. The truth will come out and after the Italians
await an apology from the Government of India. Not the Indian population
who rightly think that a murderess should go to jail. But international
laws are made to be respected. IN this time an Italian ship crewed
Italian and Indian in the hands of pirates near Somalia. If 'Italy
undertook to save only the Italians would look like the Indians?

from:  Antonio
Posted on: Mar 5, 2012 at 23:10 IST

The comments here show the absolute lack of courage by the commentators. Should the country of millions bow down because there a people working aborad who can be retalitated? How long should we serve the white man?? The law has been violated!! Let the law take its course. If they are guilty then let them be punished...if not let them go. Lets have courage my country men...lets have courage

from:  Rajput
Posted on: Mar 5, 2012 at 22:23 IST

@Manoharan. At last somebody like you expressed the real concern over the consequences of this whole episode. Indian government for the sheer purpose of heroism, blew out this issue. In India people just write whatever, without even thinking how many thousands of Indians are living and employed in European countries. If its an insult and injustice on Italy, its for all in Europe. This feeling has already settled in the mindset of Europe now, since Indian media demonised the whole incident.

Indian Navy and Coast Guard lied to the Italian vessel and lured them in Indian waters to implicate them. Till date there is no single evidence on record to say that this incident happened on Indian Territorial waters. Indian Coast Guard even after this tragic incident is yet to issue a directive to all fishermen who venture out for the catch, on how to use the navigation waters. Just for the sake of catch, fishermen cant block the waterways and many times quarrel with big ships. Recent incident of hit and run off Kerala coast reminds us about the guidance our country lacks towards safety on navigating in waterways by Indian fishermen.

In India hundreds of people die on road accidents, over trivial issues and attacks on innocent people. Have they got any compensation or justice so far? Notorious criminals are let off for the sheer reason of lack of evidence. Why the courts are suddenly tend to be more greedy on money compensations rather than speedy justice?

from:  Syed Kabeer Ahmed
Posted on: Mar 5, 2012 at 20:43 IST

I think we should immediately end this media trial and farcical probe. Imagine, if the marines were Indian and governmental Italian.
All our the politicians and media would be crying about high-handed western powers, how they dont understand their decline and how racist they are.

If the Italians must serve time in prison, then they should be allowed to, without media rubbing it into normal Indian citizen that this is somehow an ego booster for the country.

Fisherman's family must be compensated and the community must be assured that they will not be shot at by Srilankans, put in jails Pakistanis for some Independence Day tamasha or abdicated by their own governments during cyclones.

from:  Gautham
Posted on: Mar 5, 2012 at 20:33 IST

cases should start at the local level. Yes one could argue that it's an international
incident possibly in international waters and it should be handled by central govt.
courts. But this gives the local community a say in the proceedings more directly
and it can and will filter up to the higher courts. So the national govt., is not off the
hook as Kamath has suggested.

Secondly how else will state courts get the necessary experience?

from:  Paul
Posted on: Mar 5, 2012 at 19:53 IST

Please deal these type of cases taking into consideration that our
conationals (indians) are living in these nations and they are are
working under the Italian employers. They should not be mistreated by
this politically motivated Indian drama like this case. You can note
that every fortnight nearby srilankan army shooting our fisherman
without any limits for that there is no solution yet. So let us bring
uniformity in all such cases.

from:  manoharan
Posted on: Mar 5, 2012 at 19:36 IST

As usual, the Indian Govt. has made a boo-boo in this case. By shifting the responsibility to provincial govt. to try this case, it has abdicated a national responsibility, possibly not to irritate Italians which is a friendly state. The province has no experience in this case.

These poor marines are at the lowest rung of military administration. It is the ship's captain who is responsible for every action in running a ship. The marines would not have shot the fishing vessel unlessss the situation of ordered by the captain. (It is also his responsibility determine location of the ship, to asseess the dangerous situation and finally order the marines to act. )

I think the captain is a coward and got away scot free. This is what happened in the recent sea disaster of cruise ship-off the coast of Italy. The bcaptain was the first person to jump the ship. Here in Kerala the captain who put the blame on the marines. What a shame and mess by the Indian Govt.

from:  Kamath
Posted on: Mar 5, 2012 at 18:57 IST
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