Two Italian marines, charged in India with the murder of two fishermen, will not be returning to India to face trial, Italy’s foreign ministry says.
Rome says Delhi is violating international law by putting the marines on trial in India.
India’s Supreme Court earlier allowed Massimilian Latorre and Salvatore Girone to go home for Christmas and to vote in elections.
The arrest of the marines has led to a diplomatic row between India and Italy.
**‘Mistaken for pirates’**The Italian foreign ministry says it formally notified India about its decision on Monday.
It says Delhi has not responded to Italian requests to seek a diplomatic solution to the case, and there is now a formal dispute between the two countries over the terms of the UN Convention of the Law of the Sea, according to Reuters.
India has so far made no public comments on the latest development, but this will surely be seen in India as a grave breach of trust, the BBC’s Alan Johnston in Rome reports.
The Italian marines are accused of shooting the two Indian fishermen dead last February after allegedly mistaking them for pirates.
At the time the marines were guarding an Italian oil tanker off India’s south-western coast.
Italy says that the Indian fishing boat had behaved aggressively and ignored warning shots from their ship, the oil tanker MV Enrica Lexie.
Rome wants its nationals to be tried in Italy, saying the incident took place in international waters and the Indians do not have jurisdiction in the case.
India says the fishermen, Selestian Valentine and Ajesh Pinky, were unarmed.
The marines have been out on bail and awaiting their trial. The Indian Supreme Court said in January they would be tried in a special court in Delhi.
Re: Italian Marine would not return to India for a trial
I'm with India on his one. This is outrageous.
Have the trial in absentia, and if the verdict is guilty...drones. Go get em. Hell, that seems to be okay by international standards considering what's going on in Yemen, Pakistan and Mali.
Re: Italian Marine would not return to India for a trial
^^
Totally agree. But seriously what was the Indian govt thinking. I think that this was the second instance of a foreign country duping India. It was France earlier. I think India should arrest the Italian ambassador and hold him responsible for the nonsense.
India should send a strong message and cut diplomatic relations with Italy. I know it is easier said and done. I just want to vent out.
Re: Italian Marine would not return to India for a trial
^^
The only government trying to dupe Indians is ours. The whole tamasha was orchestrated from the start. Italians probably used some dirt on Sonia Mata (or damning evidence in Helicopter scam) to force her to surrender those murderers to Italy. All the "outrage" being expressed by our PM is phoney and for public consumption.
Re: Italian Marine would not return to India for a trial
^^
I think India should arrest the Italian ambassador and hold him responsible for the nonsense.
India has signed the Vienna Convention, meaning that ambassadors cannot be arrested for anything at all (including espionage, rape and murder, even) unless the ambassador's own country revokes diplomatic protection.
Re: Italian Marine would not return to India for a trial
I'm with India on his one. This is outrageous.
Have the trial in absentia, and if the verdict is guilty...drones. Go get em. Hell, that seems to be okay by international standards considering what's going on in Yemen, Pakistan and Mali.
There are different standrads for different countries... US is the biggest culprit - Case in point Union Carbide Bhopal.
Re: Italian Marine would not return to India for a trial
India has signed the Vienna Convention, meaning that ambassadors cannot be arrested for anything at all (including espionage, rape and murder, even) unless the ambassador's own country revokes diplomatic protection.
I know, I was just venting out.
But does it say in the Vienna convention that you can brazenly lie in the courts...
Re: Italian Marine would not return to India for a trial
I know, I was just venting out.
But does it say in the Vienna convention that you can brazenly lie in the courts...
Article 31, clause 1, where it states that diplomats are immune from the criminal, civic, and administrative jurisdictions of the receiving state. Basically, the Italian ambassador is not obligated to accept the authority of Indian courts. From an international law point of view, he could say whatever he wants to an Indian court because to him they represent nothing more than a collection of Indian citizens. He has no legal obligation to be truthful to them.
Re: Italian Marine would not return to India for a trial
I know, I was just venting out.
But does it say in the Vienna convention that you can brazenly lie in the courts...
Article 31, clause 1, where it states that diplomats are immune from the criminal, civic, and administrative jurisdictions of the receiving state. Basically, the Italian ambassador is not obligate to accept the authority of Indian courts. From an international law point of view, he could say whatever he wants to an Indian court because to him they represent nothing more than a collection of Indian citizens. He has no legal obligation to be truthful to them, because India has stated in a treaty that he will be immune to courts.
India is just trying to flex its diplomatic muscle. They are trying to bar the Italian ambassador from leaving the country, which is silly, and a dead end. US navy shot dead Indian sailors last year as well, suspecting them to be pirates, and nothing came of it.
Re: Italian Marine would not return to India for a trial
Italy have EU to watch its back....
True, but even without that, I dont think Italy would have trouble finding backers. This was not a malicious act, and could have been resolved diplomatically.
Re: Italian Marine would not return to India for a trial
NEW DELHI: Two Italian naval guards charged with murder in India are on their way back to New Delhi after the government in Rome agreed they should return to face trial, the foreign ministry said on Friday.
“They are on their way back to Delhi,” Syed Akbaruddin, foreign ministry spokesman said.
This follows Italy’s turnaround late on Thursday after its earlier decision unleashed a diplomatic furore.
Rome had announced on March 11 that the naval guards would not return from special leave granted to them by Indian Supreme Court to go to Italy to vote in national elections.
Akbaruddin said the naval guards return was “no occasion for gloating”, despite the dramatic reversal by Rome.
The two naval guards are accused of having shot dead two Indian fishermen they mistook for pirates off Kochi port last year. They were serving as security guards on an Italian oil tanker.
Rome insists the naval guards should be prosecuted in their home country because the shootings involved an Italian-flagged vessel in international waters. India says the killings took place in waters under its jurisdiction.
Re: Italian Marine would not return to India for a trial
I think now that they are returning, a diplomatic solution should be found. the two indian fishermens families, should be compensated and relations with Italy normalised.