What makes the case of two Italian marines Miassimiliano Latorre and Salvatore Girone exceptional? They jumped the undertaking submitted by the Italian Ambassador to India before the Supreme Court. The undertaking swore said they would return to India to face the trial in the MT Enrica Lexie shooting incident. These two undertrial prisoners had gone to Italy in February on the pretext of voting in the general election, but are now disinclined to return to India. Earlier in December they had appealed for visiting Italy for Christmas, but necessary formalities could not be completed in time.
As per the National Crime Records Bureau's figures (Prison Statistics in India, 2011) there are 2,020 foreigners – 1,868 males and 162 females – serving sentences in various jails of India. Additionally, there are 3,501 foreigners – 3,230 males and 371 females – lodged in various jails in India as undertrial prisoners. None of them was allowed any indulgence of holidaying in his or her native country or exercising voting rights. Why this preferential treatment for the Italian marines?
The difference probably is in the clout of the nations involved. The Government of India keeps no nation-wise data of prisoners except when the prisoner is Pakistani. But, in cases involving drug-peddling, citizens of Burma, Nigeria and Afghanistan top the list of prisoners. None of these countries evidently have much lobbying power. Moreover, their Governments have no interest in associating themselves with dubious private citizens.
But such is not the case with Latorre and Girone. Latorre and Girone, who guarded the Italian crude oil tanker MT Enrica Lexie, had shot dead two Indian fishermen, Pintu and Jelastin, on February 15, 2012. The victims were aboard a fishing boat, St Anthony, off the coast of Kerala. As members of the Naval Military Protection Squad, six Italian marines on board MT Enrica Lexie were directly under the control of the Italian Navy. That is why the Supreme Court permitted the Government of Italy to be an intervener. The Government of Kerala was stoutly against allowing the Government of Italy entering the fray.
Italy refuses to recognise that the MT Enrica Lexie shooting took place inside India's Exclusive Economic Zone. It wants either a 'settlement', thst is, a 'deal', or the case tried according to United Nations Convention of the Laws of the Sea. The latest development shows the Italian Government prefers a devious route. Were it in another country the Ambassador would have been declared a persona non grata and expelled.
The episode has come as a major embarrassment to India. The Congress-led UPA Government, like so often, has failed to take a tough stance. On October 28, 2012, during the Formula One Grand Prix Race at Buddha International Circuit, Greater Noida, the Ferrari team displayed the flag of the Italian Navy on its cars. In their Press statement the Ferrari team, which finished second, said it was not only a tribute to the Italian Navy but a message that Indian and Italian authorities would soon find an amicable solution to the MT Enrica Lexie incident.
Both the Ministry of External Affairs and Ministry of Youth and Sports Affairs reacted sharply to this event. The Ferrari team, after discussions with the Federation of Motor Sports Club of Indi, stated that it had fullest respect for Indian authorities and would not like to politicise the incident. The Italian authorities actually appear to have done so now.
Whether it is Warren Anderson of Union Carbide infamy or Ottavio Quattrocchi of Bofors deal, different Congress Governments have allowed high profile foreign culprits to escape. There's a sense of déjà vu about Latorre and Gironefleeing our shores.
