Girone is one of two Italian marines were arrested in India in 2012 on suspicion of killing two fishermen while on an anti-piracy mission on an Italian oil tanker.
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While Latorre is already back home on health grounds, Italy has been seeking Girone’s return also.
Sources in New Delhi denied reports that marine has been ordered to be freed, saying Italy was “misrepresenting” the order which actually affirms the Indian Supreme Court’s authority over the matter.
While allowing the joint request of India and Italy, the apex court had said the proceedings would remain stalled till the jurisdictional issue about which country has the right to conduct trial was decided through global arbitration. In 2015, Italy sought worldwide arbitration under the UN Convention on the Law of the Sea. The Tribunal confirmed Italy’s obligation to return him to India in case it was found that India had jurisdiction over him in respect of the incident. “The return of the conditions will be agreed between Italy and India”, the Italian ministry said.
The UN court will continue to review the merits of the case and no date has been set for a definitive ruling.
The Ministry of External Affairs said the Supreme Court might demand that he surrender his passport to the Italian authorities and not leave Italy without Indian permission. It has also confirmed that Italy is under an obligation to return Girone to India if the tribunal finds that India has jurisdiction over him.
After ITLOS ruled on the matter a year ago, India and Italy agreed that the dispute would be settled under an Annex VII tribunal (for ad hoc arbitration), which was finally constituted with five arbitrators on November 6, 2015.
He is now living in Italy’s embassy in New Delhi.
Latorre has been in Italy for the past two years on Supreme Court-approved medical leave, to recuperate from a stroke.
Let me also emphasise that the Tribunal placed on record undertakings given by Italy in regard to Sergeant Girone’s return to India.
“Italian government is presenting distorted version of UN Court order”.
Italy initiated worldwide arbitration proceedings in the case previous year, referring the row to the Permanent Court of Arbitration (PCA) in The Hague and asking it to rule on where the men should be tried.
According to Italian Foreign Ministry, the government will immediately start consultations with India that the conditions to give effect to the decision of the arbitral tribunal are quickly defined and agreed.
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Italy took the case to the worldwide tribunal after repeated delays in the handling of the case in India.
