In a setback for India, a United Nations panel on Monday suspended all legal proceedings in the case of two Italian Marines accused of killing two Indian fishermen in 2012 and asked them to submit a report on it next month.
Advertisement
The Hamburg court decided by 15 judges’ votes to six that Italy and India should suspend all proceedings which might aggravate the dispute until the arbitration tribunal rules on the issue.
Italy argues the shooting occurred in worldwide waters, that the fishermen were mistaken for pirates and that the case should be heard in an Italian court.
“The Tribunal requested each India and Italy to droop all courtroom proceedings however stored mum on Italy’s plea to permit him return residence”.
The Italian marines – Massimiliano Latorre and Salvatore Girone – were part of an anti-piracy mission when they allegedly shot dead two Indian fishermen off the Kerala coast on February 15, 2012, according to The Statesman.
“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.
Putting a positive spin on the move, Italian Foreign Minister Paolo Gentiloni said it was “a useful decision” that the destiny of the marines was no longer in India’s hands.
However, Infrastructure Minister Graziano Delrio, said Rome had wanted to see Girone sent home. Miserable over India’s treatment of the marine’s issue, Italy took the matter to the ITLOS testing Indian ward for the situation. It has instead asked both countries to submit an initial report on the incident by September 24.
After examining the positions of the parties, the tribunal has come to the view that a dispute exists between the parties concerning the interpretation or application of the convention, and it has found that the arbitral tribunal would prima facie have jurisdiction over the dispute.
In its response, the ministry of external affairs spokesperson Vikas Swarup said it was “it is clear that the Tribunal did not consider the two provisional measures sought by Italy to be appropriate”.
“As a State Party to UNCLOS and as a responsible member of the worldwide community that has consistently stood by its global obligations, India will continue to abide by the Tribunal’s decisions, including the present one on Provisional Measures”, the spokesperson said.
Advertisement
India detained the two marines days after the fatal incident and a court case is pending.
