Italian Ship Fires On Indian Fishing Boat, 2 TN fishermen dead

If you commit a crime in international waters, you are charged in your home country. Check UNCLOS...

If you kill an innocent Indian, better be charged in India.

How did you know the crime was committed in international waters? Were you present in the ship? Or are you simply speculating?

UNCLOS can go into the trash bin. There is no need to heed international laws. They don't come into play when the powerful bully the weak. Let the Italians come and rescue their coveted 'Roman Archers.' If they think they are not capable, let them find lawyers and defend their men in an Indian court.

Two fishermen dead, two families devastated. We won't let go of these Italians in a hurry, you can be sure of that.

Article27

Criminal jurisdiction on board a foreign ship

1. The criminal jurisdiction of the coastal State should not be exercised on board a foreign ship passing through the territorial sea to arrest any person or to conduct any investigation in connection with any crime committed on board the ship during its passage.

The fishermen were not on board the ship. They were in the waters fishing. They were killed when they were on board their own fishing vessel. The above citation is a non-sequitur and irrelevant.

Fishermen were well within Indian exclusive economic zone. Italians here proved themselves to be real dumbass.

Brilliant!

You seem to have clouded your vision of the reality of the scenario and are weaving something make belief and irrelevant!

even if they shot from their ship (even if assuming that it was in international waters), bullet hit the fishermen at Indian Fishing vessel (after all Mumbai attac,k it is mandatory for all the fishing vessels to register in India) killing the fishermen.

Now this is fact and no one has disputed this.

let see the legal position for this.

Section 4 - Indian Penal Code (IPC)

Offence is committed on Indian fishing vessel.

now read this with Section 3 of IPC
Section 3 - Indian Penal Code (IPC)


So their is no question that they cannot be tried in India for murder committed in Indian fishing vessel.

Now the question is first the Italians shoot dead two fishermen without provocation and later on they refused to face the law of the land and making all sort of excuse. So dont expect us to show any sympathy for their action. I think these guys must be trigger happy, or else now a days all sorts of optics are available to see, if fishermen were carrying weapons or not.

they can face imprisonment for life, or imprisonment of either description for a term which may extend to ten years, and shall also be liable for fine.

Italians should be saying'

Bamboo Bamboo in the grass

Why are you not up my.........

The days of dadagiri is over!

Armand2REP, what would France had done if a Moroccan Navy ship came within 20 kilometers of a French city and killed a few French fishermen and France actually had those marksmen in custody? I am sure France would not let them go, would they?

This incident happened 20 kilmetres of Allepey, so I hear, so it is well within India's territorial waters.

The alleged crime occurred on the foreign ship when the bullet left the gun. Hence, no jurisdiction if in international waters.

Crime is committed when bullet hit the body, it could have also happen that bullet missed its mark resulting in no offence.


BTW please keep in mind this thing that those who are in trusted with weapons are also put in responsibility that no innocent person is harmed with it. It is not the case of Italian that they faced armed attack and therefore pass by was killed. Let the shooter explain the incident as to what happen and why they were trigger happy?

It is also important to understand that two innocent lives were cut shot for no excuse, it is for all governments involve to punish those responsible for this, since the incident happen close to Indian and its nationals are murder, therefore it is but natural that we should tried them for murder, lets not allow them to get away with justice. BTW in India we have free trial and dont worry by the time it will end up to supreme court,15-20 years would be over. We serve justice even if it is delayed.

A bullet does not leave a gun.

It is when the finger on the trigger operates and the finger does not operate because of Palsy.

It is to be established if the ship was on international waters.

And anyway, are you suggesting that in international waters one can shoot around as if it was a Arab wedding?

What is your opinion if in international waters a missile left an IN ship and hit an Italian tanker? Perfectly legal then?

Two Italian Navy sailors arrested on-board Enrica Lexie

Agenzia Giornalistica Italia
12:54 19 FEB 2012

(AGI) New Delhi - India's Hindustan Times reports the arrest of two Italian Navy sailors on-board the 'Enrica Lexie' oil tanker. The Italian tanker ship's crew were involved in the killing of two Indian fishermen, last Wednesday. With the tanker now docked, Kochi police in the State of Kerala had initially issued an ultimatum for those responsible to be handed over. With the crew submitting that the two fishermen were mistaken for pirates, Kochi Police Commissioner Ajith Kumar boarded the ship this morning. Kumar is said to have initially issued orders for the arrest of six crew members, but eventually left the ship with the two Italian Navy sailors.
Italian Consul Giampaolo Cutillo is reported to have witnessed the arrest. . .

Source: AGI.it - Two Italian Navy sailors arrested on-board Enrica Lexie

Italy's foreign ministry said: "The Italian government believes that it is the Italian judiciary that is competent, given that the acts that happened in international waters onboard a ship flying the Italian flag."