The two Italian marines serving aboard oil tanker Enrica Lexie as part of an anti-piracy mission allegedly killed two Indian fishermen off India’s Kerala state.
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“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”. “The measure prescribed by the Tribunal in this case is entirely one-sided and is not well-founded in law”.
The worldwide Tribunal for the Law of the Sea (ITLOS) has put a “status quo” in the Italian Marines case. Girone is in India but Latorre is in Italy after India allowed him to return home temporarily for medical treatment.
By not ruling on the location of the marines, a member of India’s delegation to the tribunal told Express that court seemed to accept India’s argument that sending back the marines would not be helpful, as “the Italians are not reliable on this front”.
That in effect is a decision in favor of Italy, which had asked that India halt prosecution until the court’s final ruling.
“There was thus no prospect of imminent criminal proceedings against the two marines”, he said as he questioned a marine withdrawing his complaint in December 2014.
India has argued against the suspension of proceedings, saying justice for the fishermen’s families is being delayed “by Italy’s intransigence”.
Rome took the case to worldwide arbitration in June.
Meanwhile, Italian foreign minister Paolo Gentiloni said that Rome “remained committed to the goal of guaranteeing the freedom of the two marines”.
The tribunal passed the order on Italy’s plea that two of its marines accused of killing Indian fishermen should be handed over by India and tried in their own country. Some media reports had said that Italy may approach ICJ, but it is not clear if this will be a violation of the tribunal’s order which asks both sides to not initiate any new proceedings.
The Spokesperson in the External Affairs Ministry also said India will abide by the tribunal’s decisions, including the present one on provisional measures.
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“We are however disappointed the court declined to issue measures on the situation of Girone and Latorre”, he said.
