In a bid to persuade India to hand over its two arrested marines charged with murder for killing two fishermen, Italy told the Kerala High Court on Thursday that it has initiated criminal proceedings against them under its law that could lead to a prison term of not less than 21 years.
The police custody of the two Italian marines Latorre Massimiliano and Salvatore Girone was meanwhile extended till March 5 by a Kollam court on Thursday. The two accused have been in police custody since February 20.
A communication from the Deputy Attorney Dr. Eliza Betta Cenicola stating that as per Article 575 of Italian Penal code whoever causes death of a person was punishable with a prison term of not less than 21 years was filed in the High Court by counsel for the Italian government and the two marines.
During the proceedings in the High Court, Justice P.S. Gopinathan pointed out “serious defects” in the plea filed by the Italian government, seeking quashing of FIR against the two marines and sternly told them it will look into the petition only after these are “cured”.
The Italian government should not have an impression that the Indian judiciary was so loose that anyone could file a plea before courts, he said.
The judge directed the Consul General to produce necessary documentary evidence to show that the Consulate has the authorisation to represent the Italian government in legal proceedings relating to the killing of the fishermen by the marines on board the cargo ship Enrica Lexie off the Kerala coast last month.
The judge also expressed doubt whether the signature of one of the accused affixed in the affidavit produced before the court was genuine.
Even though senior counsel for the petitioners repeatedly requested the court to look into the documents, the court refused and directed the petitioners to “cure” the defects. Only after “curing” the defects, the documents would be looked into, the judge held.
India maintains that since the incident took place within its waters, the marines must face a trial as per Indian law. Italy has said that as members of the Navy, the marines are entitled to immunity abroad and should be tried in their home country.
There were no really tests, it's all about money!! If Italy compensate with money, everything is ok. Is this justice?????
When the italian consul mentions before the court in kerala, that a case
has been filed against the marines in Italy by the Italian govt....why
do Italians like "Maurizio Pescatori" try to bring up conspiracy
theories invoking 'greek' ships?
I'm sorry but how does a man sitting in Italy know better than the Indian Coast guard the exact location of the ship. Second the dhow had unarmed fisherman. The Italian soldiers were the only ones armed. Either your military is full of idiots or we have a case of manslaughter. Finally, what the hell is this Greek ship you speak of? You also state that this Greek ship was attacked? By who? the only armed people present were your soldiers.
Here's my advice, accept your mistakes. You are not above the law. India has a slow but fair judiciary. In all likelyhood your soldiers are going to spend some time in jail. Get over it.
Reply to "Maurizio Pescatori" :
You use the word 'fact' without your verifiable sources of information. Your 'facts' are just plain allegations.
I'll give you one true fact: Lee Adamson, head of the public information services for the International Maritime Organisation (IMO) stated that the IMO could not intervene in the diplomatic row between India and Italy. “Any loss of life at sea is regrettable. However, we are unable to offer you any comment on the circumstances surrounding this incident. It seems, from the facts that have emerged thus far, that this is not something covered by any IMO measure”.
By the way :
1/ The ship's navigation and data systems are under investigation. Once this info is cross-verified and we will know where the ship was located at the time of the incident.
2/ Indian Coast Guard is of the opinion that the incident took place 22 nautical miles off the coast of India within India's 'contiguous zone'.
3/ Greek ship involvement is an Italian conspiracy theory.
Fact 1: The italian ship was 33 nautical miles offshore when attacked by a dhow, shots were fired, the dhow fled. The event was logged and reported, no action was taken by anyone. Fact 2: A greek ship painted in the same color scheme was attacked less than one nautical mile offshore, shots were fired. No action was taken. Fact 3: Indian fishermen were reported dead. Fact 4: Kerala police asked both the greek and the italian ship to return to port "to identify suspect pirates we have apprehended"; the greek ship declined and sailed away; the italian ship acnkowledged and returned to port. The italian ship was boarded by Kerala police and the two Italian Marines were arrested.
Dear Mr. V.M.Moharanj, one understands how Kerala police lied to the captain of the italian ship, and violated international law. I trust the Kerala magistrates will apply the law as LAW, not as "Revenge against a scapegoat". Else, India will universally be considered a safehaven for pirates.
For a murder committed on Indian territory, the murderers should be tried in an Indian court. Italian court has no right to try the accused as the crime was committed outside its jurisdiction. It is disgraceful that Italian government is trying to save a known murderer.
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