The Hague: An international arbitration court here Monday began hearing into Italy’s request to direct India to drop all criminal prosecution against two Italian marines accused of killing two Indian fishermen off the Kerala coast in 2012 and grant Rome jurisdiction in the case.
Italy’s representative to the International Court of Arbitration, Francesco Azzarello, said Rome should have jurisdiction over the case because the two marines – Massimiliano Latorre and Salvatore Girone – were functionaries of the Italian state doing their duty on board an Italian flagged ship in international waters.
Azzarello told the court that India already considers the marines guilty. “In India’s eyes there is no presumption of innocence: the marines were guilty of murder even before the charges were laid,” he was quoted as telling the court by Italian news agency ‘ANSA’.
Azzarello also said, ‘there were unjustifiable postponements of the trial in India. Special procedures were invented in violation of the Indian Constitution’.
In response, India’s representative G Balasubramanian told the court, “Italy maintains it has the exclusive jurisdiction in the case but one must take into account the fact that India and the two fishermen are the victims in this case.” He said two fishermen aboard an Indian boat were killed by individuals who were on a merchant ship.
On Italy’s claims that the marines fired warning shots into the water to deter the boat, Balasubramanian said, “It is difficult to believe that these volleys were simply meant as warning shots…They hit two crew members, caused damage to the boat, endangering its safe navigation, and also endangering the lives of the other nine crew members.”
Balasubramanian also said Italy initially joined the proceedings before the Indian courts but surprisingly in a negative way, hampered them by filing multiple interlocutory applications challenging the actions of the Indian authorities.
“The case proceeded in the Indian courts, first before the Kerala court and then before the Supreme Court followed by the establishment of a special court for that purpose,” Balasubramanian pointed out.
The marines were aboard the Italian-flagged commercial oil tanker ‘Enrica Lexie’ when they killed the two Indian fishermen.
The complaint against them was lodged by Freddy, the owner of fishing boat ‘St Antony’ in which the two Kerala fishermen were present when the marines opened fire on them allegedly under the misconception that they were pirates.
Currently, the two accused marines are in Italy.
PTI
