NIA books Italian marines for Kerela fishermen's murder

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Italy slams India's move to invoke anti-piracy law on marines - The Times of India

ROME: Italian foreign minister Emma Bonino has said she was left "dumbfounded and outraged" by India's move to try two Italian marines accused of killing two Indian fisherman under an anti-piracy act and vowed to challenge it legally in the "strongest terms."

"Certain indications that come from New Delhi about the legal proceedings against our marines leave me dumbfounded and outraged," Bonino said.

"Our commitment to bring home Massimiliano Lattore and Salvatore Girone is stronger than ever," she was quoted as saying in the Italian media yesterday.

Her remarks came in the backdrop of home ministry giving sanction to National Investigation Agency (NIA) to prosecute the Italian marines under the new provision of the Suppression of Unlawful Acts against safety of Maritime Navigation And Fixed Platforms on Continental Shelf Act (SUA).

The SUA carries the death sentences. But India last week spared them from the possibility of getting death penalty by asking the NIA to dilute the charges against them from murder to violence.

"An eventual request for the SUA act to be invoked on the two marines, if it should be confirmed, will be challenged in court by the Italian defence in the strongest terms," Agenzia Giornalistica Italia news agency quoted Bonino as saying.

Bonino's remarks came ahead of tomorrow's hearing of the case by Supreme Court, which asked Indian authorities to resolve all disputes arising out of the issue of invoking an anti-piracy law against the two Italian marines.

Earlier, using strong words she had said the two Italian marines facing trial are "neither terrorists nor pirates".

The Marines, who were on-board Italian vessel 'Enrica Lexie' and are now lodged in Italian Embassy premises in New Delhi, allegedly shot dead the two fishermen on February 15, 2012 off Kerala coast.

The marines, deployed on the Italian-flagged oil tanker MT Enrica Lexie, have said they mistook the fishermen for pirates. They are now staying in the Italian embassy in New Delhi awaiting trial.

Rome wants the marines to be tried in Italy, claiming the incident took place in international waters. However, New Delhi said it has the right to try the Italian personnel as the victims were Indians on board an Indian fishing boat.

The high-profile case has strained ties between the two countries.

 

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India's handling of marines case could hurt EU ties: Italy

Rome: Italy said on Monday that India's relations with Rome and with the European Union could suffer if two Italian marines accused of killing two fishermen are tried under an anti-piracy and anti-terrorism act.

Massimiliano Latorre and Salvatore Girone, part of a military security team protecting a cargo ship off the Indian coast, say they thought the fishermen were pirates and fired shots to warn them off in February 2012.

In a case that has become politically sensitive in both countries, they deny killing anyone or aiming directly at the fishing boat.

India's attorney general said on Friday the two would be tried for the deaths of the fishermen under anti-piracy and anti-terrorism laws but that the death penalty would not be imposed.

"Italy is not a terrorist country," a statement from Prime Minister Enrico Letta's office said.

The Indian supreme court is due to decide later this month to validate or reject the attorney general's request.

"This is a decision that would harm Italy's dignity as a sovereign state," a government statement added.

"...It would bring about negative consequences in relations with Italy and the European Union, with equally negative repercussions on the global fight against piracy."

Charges have yet to be filed against the two marines, partly due to confusion as to which law should be used to prosecute the men, who are on bail but cannot leave India.
© Thomson Reuters 2014

India's handling of marines case could hurt EU ties: Italy | NDTV.com

 

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Italian government`s envoy Staffan de Mistura speaks to journalists after a court hearing at the Supreme Court, in New Delhi. India acceded to Italy's request and said Friday it won't invoke an anti-piracy law carrying the death penalty when it tries two Italian marines accused of killing two Indian fishermen in February 2012.

 

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Italy warns India of European response to marines trial

Italy has reacted angrily to an Indian decision to try two Italian marines, accused of killing two fishermen, under an anti-piracy law.

Prime Minister Enrico Letta said the proposal was unacceptable. "Italy and the European Union will react."

The marines, who had been guarding an Italian oil tanker, said they mistook the men for pirates when they opened fire off the Kerala coast in 2012.

India's Supreme Court has announced it will hear the case next week.

The lengthy diplomatic spat began in February 2012 when Massimilian Latorre and Salvatore Girone were first detained on suspicion of murder.

They were eventually allowed to return home for a four-week period to vote in the February 2013 elections.

Rome initially refused to return them, arguing they should be tried in Italy because the incident took place in international waters.

The marines eventually flew back to Delhi in March 2013.

Italy's deputy foreign minister Staffan de Mistura, speaking outside the Supreme Court in Delhi on Monday, said the decision to charge the marines under the Suppression of Unlawful Acts (SUA) maritime security law was "unacceptable".

It was tantamount to labelling a friendly country and its two military representatives as "terrorists", he said,

Mr Letta tweeted on Monday that the Italian government "totally rejects the use of the concept of terrorism".

Indian authorities had originally planned to use part of the SUA that would have brought the death penalty but said on Saturday it would use a different section that carries a maximum penalty of 10 years in jail.

Marines Latorre and Girone are currently on bail at the Italian embassy in Delhi.

Italy has complained at the slow progress of the case. India says the delay is down to witnesses who were on board the ship with the marines failing to return from abroad to provide evidence.

BBC News - Italy warns India of European response to marines trial

 

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Marines case: Italian Defence Minister Mario Mauro arrives in India

New Delhi: Ahead of the hearing of the marines' case in the Supreme Court, Italian Defence Minister Mario Mauro has arrived in Delhi and condemned India's failure to press charges against them even after two years of the incident.

"It is at odds with the rule of law and the fairness of relations between two sovereign democracies... It is good for Italy to make its voice heard in the international community," he told Italian news agency Ansa.

The Italian minister is in India to keep an eye on the legal proceedings against the two marines in the Supreme Court, according to the agency.

The Supreme Court after hearing both sides posted the case for final hearing on February 18 and asked the Centre to make its stand clear.

The bench was hearing a petition filed by Italian government challenging invoking of anti-terrorism law SUA, saying it is against the order of the apex court which allowed proceedings only under the Maritime Zone Act, IPC, CrPC and UNCLOS.

The joint petition, filed by Ambassador of Italy Daniele Mancini along with Italian marines Massimiliano Latorre and Salvatore Girone, also sought direction to the Centre and NIA to expedite the proceedings in the case or discharge the marines.

Latorre and Girone, part of a military security team protecting a cargo ship, allegedly fired at Indian fishermen off the coast of Kerala in February 2012 in which two of them died.

Marines case: Italian Defence Minister Mario Mauro arrives in India | NDTV.com

 

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Italy approaches UN over trial of its two marines in India

Rome: Italy has petitioned the UN over the trial of its two marines in India under a strict anti-piracy law for the killing of two Indian fishermen, and said it would exercise "all options" to bring back the naval personnel.

Italy has "initiated contact" with the Office of the UN High Commissioner for Human Rights over "the lack of charges" and the "restriction of freedom" placed on the marines since 2012, Foreign Minister Emma Bonino said.

"The High Commissioner for Human Rights has agreed to assess the petition," she was quoted as saying by Italian news agency ANSA.

Her comments came a day after Prime Minister Enrico Letta warned that Italy and the EU would "react" to India's "unacceptable" move to invoke a strict anti-piracy law against marines Massimiliano Latorre and Salvatore Girone.

Bonino also reiterated her country's support to the two marines. "Our marines are neither terrorists nor pirates. They carry out a role in the name of the Italian government," she told parliament's foreign affairs and defence committees.

"All options are open, from politics and diplomacy to legal channels. The goal is the dignified return of our marines," Bonino said.

After the hearing, the chairs said they plan to write to their counterparts in all the EU member states and the European Parliament to seek international support.

Yesterday, EU foreign policy chief Catherine Ashton said the grouping needs to send a "strong message" to India as the trial of the marines has "huge implications" for Europe's fight against piracy.

Meanwhile, diplomatic sources told ANSA that Rome might freeze a number of treaties being negotiated with India.

Indian authorities have given their nod to the National Investigation Agency (NIA), which is probing the matter, to prosecute the marines under the Suppression of Unlawful Acts against Safety of Maritime Navigation And Fixed Platforms on Continental Shelf Act (SUA). The SUA carries death penalty.

India last week removed the possibility of a death penalty but insisted that the marines would still be prosecuted under the anti-piracy law. Now, they face up to 10 years in jail.

The marines shot dead two fishermen off the Kerala coast in February 2012, sparking diplomatic tensions between India and Italy.

PTI

First Published: Wednesday, February 12, 2014, 16:09

 

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NATO expresses concern over Italian marines' case in India | Reuters

(Reuters) - NATO warned India on Wednesday that using anti-terrorism legislation to try two Italian marines accused of killing two fishermen would undermine international efforts to combat piracy.

India has announced its Supreme Court will hold a hearing next week on whether to charge marines Massimiliano Latorre and Salvatore Girone under its maritime security law, provoking criticism from the European Union and Italian authorities.

The two men have been living in the Italian embassy in New Delhi.

NATO chief Anders Fogh Rasmussen on Wednesday called for an "appropriate resolution".

"I am personally very concerned about the situation of the two Italian sailors. I am also concerned by the suggestion that they could be tried for terrorism offences," he told a news conference in Brussels.

"This could have possible negative implications for the international fight against piracy. A fight which is in all of our interest."

NATO leads a counter-piracy mission in the Indian ocean.

The two marines, part of a military security team protecting the tanker Enrica Lexie from pirates, are accused of shooting the two fishermen after mistaking them for pirates off the southern Indian state of Kerala in February 2012.

India's attorney general said on Friday the two would be tried for the deaths of the fishermen under the anti-piracy and anti-terrorism law but that the death penalty available under that legislation would not be imposed.

The Supreme Court is due to hold a hearing on February 18 to decide whether to validate or reject the attorney general's request.

(Reporting by Justyna Pawlak; editing by Andrew Roche)

 

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NATO expresses concern over Italian marines' case in India | Reuters

Who would comment next, The Pope??

 

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Who would comment next, The Pope??

Italy, Germany, France, EU and NATO all have issued statements on this Italian marine case. Just Pope is left now.

Indian courts cant just give verdict without proper trail.

 

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Marines issue bilateral: says UN chief; Fury in Italy

Rome: In a blow to Italy's attempt to internationalise the case of two Italian marines being tried in India for killing two fishermen, UN Secretary-General Ban Ki-moon has asked Rome to resolve the issue bilaterally.

"It's better for the question to be addressed bilaterally, rather than with the involvement of the UN," Ban was quoted as saying by Italian news agency ANSA, sparking fury in Italy.

His comments came a day after Italy petitioned the UN over the trial of the marines under a strict anti-piracy law and vowed to exercise "all options" to bring back its personnel.

Foreign Minister Emma Bonino told Italian parliament that she felt "great bitterness and perplexity" that Ban said the case was a "bilateral" issue. She, however, added that Ban "guaranteed me comprehension and assured he would subsequently take action with the Indian authorities" over the case.

Marines Massimiliano Latorre and Salvatore Girone shot dead two fishermen off the Kerala coast in February 2012, sparking diplomatic tensions between India and Italy.

Indian authorities have given their nod to the National Investigation Agency (NIA), which is probing the matter, to prosecute the marines under the Suppression of Unlawful Acts against Safety of Maritime Navigation And Fixed Platforms on Continental Shelf Act (SUA). The SUA carries death penalty.

India last week removed the possibility of a death penalty but insisted that the marines would still be prosecuted under the anti-piracy law. Now, they face up to 10 years in jail.

Italy said use of the terror law equates it with being a terrorist state. Defence Minister Mario Mauro, meanwhile, said the case must also be won within the UN and acknowledged it as a global issue.

"On the case of the marines, the government has set clear two actions: one is the internationalisation of the case, so the tug of war with the UN must be won for this," Mauro said.

"One can't think it is a matter only between Italy and India, for one simple reason. It deals with two soldiers on a national mission, but which responds to a global society need, which is to put a stop to piracy and terrorism".

Yesterday, NATO Secretary-General Anders Fogh Rasmussen said the case could have "negative implications" for the fight against piracy, in which both the EU and NATO are engaged with major operations against Somali pirates in the Gulf of Aden and the Indian Ocean.

Ban's comments were seen as hand-washing by many in Italy.

"The UN has once again confirmed its expensive uselessness with the secretary-general, a marginal, irrelevant figure on the world arena, refusing to make the kidnapping of our marines in India an international issue," said Maurizio Gasparri, a Senator for ex-premier Silvio Berlusconi's centre-right Forza Italia party.

"Ban Ki-moon offends Italy by relegating the issue to the level of a dispute between our country and India, when we are faced with the arrogance of a pirate state with the respect to our soldiers".

On Monday, India's Supreme Court set February 18 as the next date for hearing arguments from both the sides on the use of the anti-piracy law. Italy had approached the apex court on January 15 amid fears that the NIA intends to prosecute the marines under the anti-terror law SUA.

The marines, deployed on the Italian-flagged oil tanker MT Enrica Lexie, said they mistook the fishermen for pirates. They are now staying in the Italian Embassy in New Delhi awaiting trial.

Rome wants the marines to be tried in Italy, claiming the incident took place in international waters. However, New Delhi says it has the right to try the Italians as the victims were Indians on board an Indian fishing boat.

PTI

First Published: Thursday, February 13, 2014, 17:55

 

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Marines issue bilateral: says UN chief; Fury in Italy


First Published: Thursday, February 13, 2014, 17:55

How could Ban Ki Moon say that?? Doesn't he know Italy is a member of NATO and EU??

 

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How could Ban Ki Moon say that?? Doesn't he know Italy is a member of NATO and EU??

What more can UN Chief can say when Italy is trying to involve UN .

 

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What more can UN Chief can say when Italy is trying to involve UN .

He should have simply accepted their demand that it is a issue of multi-national importance and UN should pass a resolution. How dare he turn down the proposal for UN intervention, evil Asian, does he not know what Nato is and what power EU has?

 

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He should have simply accepted their demand that it is a issue of multi-national importance and UN should pass a resolution. How dare he turn down the proposal for UN intervention, evil Asian, does he not know what Nato is and what power EU has?

This marine case is taking time because Indian courts has to go through all the legal process and even if in this case international piracy laws is applied then the question still remains what about the law of that nation in which the citizens have being killed even when there was flag on the boat and no warning was given. I am not denying why Italians are becoming angry but this case is like need of new amendments in International piracy law.

Fishermen killings: 'marines didn't warn Indian boat' - Hindustan Times

 

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Law Ministry to examine if all SUA charges can be dropped | The Indian Express

In an indication of a rethink on the contentious issue of charging two Italian marines accused of killing two Indian fishermen off the Kerala coast in February 2012 under the stringent Suppression of Unlawful Acts against Safety of Maritime Navigation Act (SUA), 2002, the government Thursday decided to seek fresh legal opinion.

Opinion is being sought on whether all charges under SUA can be dropped.

The decision to refer the issue back to the Union Ministry of Law and Justice within 10 days of Attorney General Goolam E Vahanvati suggesting removal of only the clause that provides for death sentence in the still-to-be-filed chargesheet and retaining all other charges was taken at a high-level meeting called by Union Home Minister Sushil Kumar Shinde. External Affairs Minister Salman Khurshid and Law Minister Kapil Sibal were present, besides senior officers of the three ministries.

Home Ministry sources said Khurshid favoured fresh reconsideration of the chargesheet, claiming the image of the country was taking a hit due to the impasse. When his attention was drawn to the AG's recommendation finalised after a meeting by officers of the three ministries, Khurshid suggested the Law Ministry should be asked to look into the matter and suggest if only the Indian Penal Code can be invoked.

Shinde and Sibal agreed to get the matter re-examined by the Law Ministry.

The Italian government had been raising the issue in discussions with the Indian government. The North Atlantic Treaty Organisation (NATO) on Wednesday asked India not to try the marines under SUA, lest it undermine efforts to contain piracy on seas.

Last week, after the Supreme Court gave the Centre a week to sort out the logjam between various ministries on the issue of the plea of the marines that they not be tried under the stringent law which attracts death penalty, Vahanvati suggested the clause in the still-to-be-filed chargesheet that provides for death be removed and other sections, both under SUA and the IPC, retained.

However, at the meeting called by Vahanvati, the Home Ministry opposed complete dilution of charges under SUA.

Following mediation of Vahanvati, the MHA last Friday finally reversed its stand on seeking death penalty and finalised an amended chargesheet.

 

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Italian government envoy Staffan de Mistura, second from right, accompanied by Italian Ambassador to India Daniele Mancini, second from left, leaves Supreme Court in New Delhi on Monday. Italy wants UN to take its side in the case. Photo: PTI


On Wednesday U.N. Secretary General Ban Ki-moon angered politicians in Rome by saying it was "better for the question to be addressed bilaterally, rather than with the involvement of the United Nations."

Italian Foreign Minister Emma Bonino said on Thursday she expected the United Nations to take its side in the case of two marines accused of murder in India.

Italy has won support from the European Union and NATO, but on Wednesday U.N. Secretary General Ban Ki-moon angered politicians in Rome by saying it was "better for the question to be addressed bilaterally, rather than with the involvement of the United Nations." Ms Bonino, speaking in the Italian Senate, said her government "greatly regretted and was very strongly perplexed" by Mr Ban's remarks. She accused him of simply taking the middle ground between Rome and Delhi, ignoring two sides' arguments.

Italy's marines were arrested in India in February 2012, on suspicion of killing two Indian fishermen while serving on an anti-piracy mission on an Italian oil tanker in the Indian Ocean. They have since been released on bail, but not yet formally charged.

 

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On Wednesday U.N. Secretary General Ban Ki-moon angered politicians in Rome by saying it was "better for the question to be addressed bilaterally, rather than with the involvement of the United Nations."

Even UN wants to wash away its hands from this crime..........

 

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'Explain procedure on Indians held hostage in sea'
New Delhi, Feb 14, 2014 DHNS:

The Supreme Court on Friday asked the Centre to explain the standard procedure adopted by it if an Indian national went missing or held hostage in high sea.

"Will you be able to tell us when Indian is held hostage in some foreign country, how does government of India reacts to the situation? Is there any protocol? If somebody goes missing here, there are procedures to be followed like publication of notice etc," a bench of Justices T S Thakur and C Nagappan asked senior advocate K Radhakrishnan, appearing for the union government.

The court posed the specific query to Radhakrishnan while hearing a PIL seeking directions to frame "effective" anti-piracy guidelines and take immediate steps for ensuring release of Indian sailor Dheeraj Tiwari held captive by Somalian pirates since March 2010.

Petitioner-advocate Gaurav Kumar Bansal pointed out that the government did not act anything in the matter except writing a letter.

He also claimed that the government acted only when there was a hue and cry in the media.

Agreeing to his contention, the bench observed, "That's a knee-jerk reaction. There must be a predictable standard response and clear laid out steps to be taken in case of such an eventuality."

The court, however, granted six-week time to the Centre for "setting out protocol, procedure and process to be followed by the government of India when an Indian national is reported missing in high sea or international waters."

The bench also granted time to the government on another PIL filed by Rajni Singh, wife of a sailor Bahadur Singh, who, along with nine others, had been missing in international waters.

 

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India, Italy should resolve marines issue: UN

"The Secretary-General is concerned that this long-standing matter between Italy and India remains unresolved and is prompting tensions between two friendly and important Member States of the Organisation," UN Chief Ban Ki-moon's spokesperson Martin Nesirky told reporters.

 

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Under what law are Italian marines to be tried? asks SC

New Delhi: The Supreme Court on Tuesday asked the central government to categorically spell out its stand about the law under which to try the two Italian marines accused of killing two Indian fishermen.

The apex court bench headed by Justice BS Chauhan said the government will spell out its stand in writing by next Wednesday, when the court takes up the matter for further hearing.

The order came after Attorney General GE Vahanvati told the court that the Law Ministry's opinion has been sought on the Suppression of Unlawful Act against the Safety of Maritime Navigation and Fixed Platforms on Continental Shelf Law (SUA) being invoked for the marines' trial.

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Under what law are Italian marines to be tried? asks SC