India’s consultant advised the tribunal that the marines “used automated weapons with out warning and shot in head and abdomen of the 2 fishermen…This case shouldn’t be coated by Article ninety seven of the United Nations Convention on the Law of the Sea however quite a double homicide at sea”.
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“The worldwide Tribunal on Law of the Sea (ITLOS) on Monday, while hearing Italian marines” case in Hamburg, said that India and Italy should suspend all legal cases which may aggravate the issue.
A UN tribunal on Monday ordered India to halt court proceedings against two Italian marines pending a ruling by the worldwide body on the 2012 shooting of two Kerala fishermen.
Italy had approached the tribunal last month to challenge India’s jurisdiction to try its marines.
However, India wants the men tried in an Indian court.
But as the detention of the marines and the long delay in the case coming to trial has soured relations between Rome and New Delhi, opposition politicians have castigated Italy’s prime minister, Matteo Renzi, for failing to free the marines.
Latorre and Girone were on board the oil tanker “Enrica Lexie”, and are accused of killing two unarmed Indian fishermen off the Kerala coast on February 15, 2012.
“Italy and India shall each submit to the Tribunal the initial report…not later than 24 September 2015, and authorises the President, after that date, to request such information from the Parties as he may consider appropriate”, Golitsyn further said, according to India TV.
“India shall refrain from taking or enforcing any judicial or administrative measures against Sergeant Massimiliano Latorre and Sergeant Salvatore Girone in connection with the Enrica Lexie Incident, and from exercising any other form of jurisdiction over that Incident“.
Italy had asked the court to allow Girone to be returned to Italy from India and for Latorre, who was granted temporary leave by India for medical treatment a year ago, to remain in his country.
In April 2012, Rome paid $190,000 to each of the slain fisherman’s families as compensation.
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In opening statements, Italy’s Francesco Azzarello said the two marines had “not been charged with any crime” and had “protested their innocence throughout”.
