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Updated: March 22, 2013 18:30 IST

Timeline: The Italian Marines Case

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Italian marines Massimiliano Latorre (left) and Salvatore Girone being produced at a court in Kollam. File photo.
PTI Italian marines Massimiliano Latorre (left) and Salvatore Girone being produced at a court in Kollam. File photo.

Feb 15, 2012: Two fishermen, Jelestine and Ajeesh Pinku, who had left for fishing in a mechanised boat from the Neendakara Fishing Harbour were shot dead in the seas off Ambalapuzha. The incident is reported to have taken place in international waters. The ship from which the fishermen were fired upon was identified as the Enrica Lexie. The Lexie claims it thought the fishermen were pirates.

Feb 16, 2012: The Indian Navy lashes out at the Italian oil tanker, Enrica Lexie, for flouting the laid-down counter-piracy measures, which resulted in the ship's armed guards, who are Italian military personnel, gunning down two Indian fishermen. Italian Consul General in India, GiamPaolo Cutillo reaches Kochi, meets the Coast Guard and Kerala police.

Feb 17, 2012: Italian oil tanker Enrica Lexie is brought to Kochi and police and Coast Guard personnel question the crew.

Feb 18, 2012: External Affairs Minister S. M. Krishna has a telephonic conversation with and his Italian counterpart Giulio Terzi di Sant’ Agata. India wants the captain of Enrica Lexia and the two marksmen who shot the fishermen to surrender to Kerala Police. Italy wants the three to be permitted to leave in return for a joint investigation into the incident. Talks fail.

Feb 19, 2012: Kerala police arrest the two Marines (Latorre Massimiliano and Salvatore Girone) suspected to have fired the shots. Captain of the tanker Umberto Vitelli is also questioned.

Feb 20, 2012: Latorre Massimiliano and Salvatore Girone are remanded in judicial custody for 14 days (till March 5, 2012). Italy says the Marines have immunity from the Indian law as the tanker was flying an Italian flag in international waters, sailing from Singapore to Egypt, when the shooting occurred.

Feb 21, 2012: Rome decides to send junior Foreign Minister Staffan De Mistura to India.

Feb 22, 2012: Italy moves the Kerala High Court, seeking to quash the first information report (FIR) registered against two of its naval personnel. The petition argues that under the principles of international law and conventions, including the United Nations Convention on the Law of the Sea (which India has ratified) Indian courts have no jurisdiction to register a crime in connection with the incident.

Feb 23, 2012: Italian Deputy Foreign Minister Staffan de Mistura visits Kochi, meets the Marines who are held at a CISF guest house. Italy launches a parallel investigation of the incident by its agencies back home.

Feb 25, 2012: A Special Investigation Team of the Kerala police searches and seizes weapons on board Enrica Lexie in the presence of the Italian technical team.

Feb 28, 2012: External Affairs Minister S.M. Krishna and his Italian counterpart Giulio Terzi di Sant’ Agata in New Delhi discuss the on-going investigations in the case but continue to have differences over jurisdiction and legal aspects of the incident.

March 1, 2012: Italy informs India that it has initiated criminal proceedings against the marines under its law that could lead to a prison term of not less than 21 years.

March 3, 2012: Italian Deputy Foreign Minister Staffan De Mistura's bid to meet the kin of the deceased Jelastine alias Valentine fails. Police and Kollam diocese separately refuse to arrange the meeting, citing security issues.

March 7, 2012: Italian Prime Minister Mario Monti calls up Prime Minister Manmohan Singh, expresses "regret" for the incident.

March 19, 2012: Kollam Chief Judicial Magistrate extends the judicial custody of Marines by another 14 days, till April 2.

March 29, 2012: Court allows Italian vessel to sail out, with riders. Judge directs the police to permit the ship to sail, on its agent furnishing a bond for Rs. 3 crore before the Deputy Conservator, Cochin Port Trust, and an undertaking that the vessel, master, and the crew would be produced as and when required by the Centre, Deputy Conservator, and Mercantile Marine Department (MMD).

April 3, 2012: Kerala High Court sets aside Kollam Magistrate court's order.

April 20, 2012: The legal heirs of the two deceased fishermen tell the Kerala High Court that a settlement for paying a compensation of Rs. 1 crore to each bereaved family has been reached between the Italian government representatives and them.

Apr 20, 2012: Additional Solicitor-General Harin Raval informs the Supreme Court that Enrica Lexie, was not in Indian waters when the shooting incident occurred.

April 23, 2012: The legal heirs of two fishermen file a petition in the Kerala High Court seeking to withdraw the affidavits and submissions made by them against Italy's plea for quashing the First Information Report registered against the marines.

April 24, 2012: The Kerala High Court gives its seal of approval to the award passed by the Lok Adalat under the High Court Legal Service Committee, endorsing the settlement on compensation reached between the legal heirs of the two fishermen and Italian government.

April 27, 2012: The Kerala High Court approves the out-of-court settlement reached between Italy and J. Freddy, owner of the mechanised boat which was fired upon by two marines The boat owner accepts the out-of-court-settlement of Rs.17 lakh.

Apr 30, 2012: Describing Italy's compromise with the kin of the two Indian fishermen as “illegal” and “astonishing,” the Supreme Court says that they were “playing” with the Indian process of law.

The judicial remand of the two marines of Italian ship Enrica Lexie is extended by 11 days.

May 2, 2012: Supreme Court allows the vessel, Enrica Lexie, to leave India, along with the crew and the remaining marines.

May 5, 2012: The Italian ship leaves Indian waters after furnishing a bond of Rs. 3 crore.

May 18, 2012: The 196-page charge-sheet is filed by Neendakara Coastal Police showing Lattore as the first accused and Girone as the second accused.

May 20, 2012: Italian PM Mario Monti speaks to Manmohan Singh. Italy also recalls its Ambassador to India Giacomo Sanfelice to express its unhappiness over the charge sheet being filed against the marines.

May 30, 2012: Kerala High Court grants bail to both the marines on various conditions, including a bond of Rs. 1 crore each with two Indian solvent sureties for a like amount. It also orders them to stay within a 10 km radius of the Kochi Police Commissioner's office and appear before the Commissioner on all days between 10 a.m. and 11 a.m. and as and when required.

June 2, 2012: After 105 days in custody, the two Italian marines, arrested for allegedly gunning down two Indian fishermen off Kerala, are released on bail.

Dec 21, 2012: The passports of marines are released after Kerala High Court grants conditional permission for the marines to go to Italy for Christmas, subject to the decision of the union government.

Dec 22, 2012: The marines fly back home for Christmas in a chartered flight.

Jan 4, 2013: Marines return to Kerala from Italy post-Christmas.

Jan 18, 2013: The Supreme Court holds that the State of Kerala had no jurisdiction to investigate into the `Italian marines shooting incident’ and says only the Union of India had jurisdiction to proceed with the investigation and trial of the two marines.

Feb 22, 2013: The Supreme Court permits Marines Massimilano Latorre and Salvatore Girone to visit their country to vote in the February 24 and 25 elections.

March 11, 2013: Italy refuses to return two of its marines.

March 12, 2013: Prime Minister Manmohan Singh assures protesting Kerala MPs that India will do everything possible to bring the two Marines back from Italy to stand trial. India tries to hold Italian Ambassador Daniele Mancini as the Supreme Court that allowed the two marines to leave for their country upon the envoy's undertaking.

March 13, 2013: Feeling “insulted and shocked” by Italy’s stand, senior advocate Harish Salve pulls out from representing that country in court.

March 14, 2013: Amidst a diplomatic row with India, Italy says it is on solid legal ground in seeking international arbitration in the case.

The Supreme Court takes a serious view of Italy’s breach of undertaking and restrains Ambassador Daniele Mancini from leaving the country without its permission.

March 18, 2013: Italian Ambassador Daniele Mancini claims complete immunity under the Vienna Convention. Supreme Court makes it clear to the envoy that a person who came to the court as a petitioner cannot claim any immunity.

March 21, 2013: The Italian government says it will return to India two marines facing murder charges in the shooting deaths of two fishermen off the Kerala coast.

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we should not allow a serious issue like this to be used for political
mileage...also it should not become india vs italy debate..italian govt
showed a lot of sense by finally agreeing to send marines back..india
should also follow and fianl decision should be governed by law of land
and not to be influenced by street view

from:  praveen
Posted on: Mar 23, 2013 at 02:23 IST

If union of India does not have jurisdiction over international waters where the
incident happened then what exactly are we trying to do here?

This is all just political drama and nothing else. What do Indian tax payers gain
from this?

Why not let respective authorities, whoever supposed to handle the international
water area incidents, to do legal case proceedings.

Waste of time for the public!

Manick

from:  Manick
Posted on: Mar 22, 2013 at 21:03 IST
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