Centre has moved to Supreme Court for closure of judicial proccedings here against two Italian marines accused of killing Indian fishermen off Kerala coast as the hearing will be done at Hague as per the recent ruling of the Permanent Court of Arbitration.
Compensation for fishermen of Kerala at Hague
The government of India said it was studying the judgment of an international tribunal that on 15 February 2012 the Italian navy, accused of killing two fishermen in Kerala’s water, was put to “defence” and would face trials in Italy rather than India. While the tribunal upheld Italy’s main jurisdiction, it showed in its retaliatory claim that the board of “Enrica Lexi” violated the freedom of navigation rights under the United Nations Convention on sea law (UNCLOS shooting on fishing boats). “The cents are meant to be. Antony “and compensation should be given to the victim’s families, boat owners, and crew members.
In their defence, Marin had claimed that he had misunderstood fishermen for “pirates” and shooting took place in international waters-
In its submissions, India asked the permanent court (PCA) UNCLOS tribunal to “suspend and declare that it has no jurisdiction with regard to the case submitted by Italy”. However, a majority of the five-member bench of the court ruled from 4-1 that the case had jurisdiction, and from 3-2 it was decided that the maxmiliano latore and Salvatore Giron organised a defence. According to the Italian government, the marines were “the state officials using official functions”.
A cold-blooded murder
What had happened was a cold blood murder, and Marine was given 7-star treatment [in India], “said the senior counsel, K.N. Balagopal, who had been produced in Kerala in the case before the Supreme Court. “Compensation is anyway given in such cases; He said that naval personnel should have been tried in our courts for the crime. He pronounced the verdict less than a victory “though to an extent there is some vengeance”.
After many years, during which the matter became a political dispute in India, Italy decided to go to the international tribunal for the law of Sea (ITLOS)court in August 2015. The court directed the ban on proceedings in India on the pendency of the Italy case. Permanent court of arbitration at Hague in the Netherlands. The Supreme Court hearing this case adjourned its proceedings shortly afterward.
In his case, Italy criticized the government of India for keeping under custody and delaying their health. This case created a long – term disrupted diplomatic relations between India and Italy, which was reset in 2016 when the then foreign minister Sushma Swaraj visited Rome for Mother Teresa’s canonization ceremony and met with her Italian counterpart.
India allows Italian marine to go home
The court said the marines should not prosecute in India but be sued in Italy.
Italy argues that the Marine was driven on a boat run with two Indian fishermen and that the warning failed to hear him stay away from the MV Enrica Lexie tanker off the coast of southwestern Kerala.
Rome stresses the need to prosecute men in Italy when the shooting took place in international waters. In the meantime, India tried to impose murder on two species and demonstrate that it had jurisdiction. But they were refused to use the death penalty if they were found guilty.
The two marines were kept in custody for many years before they returned to Italy in India.
In 2015, Italy took the issue to the PCA which dealt with disputes between the country and the private parties. The PCA gave its decision in May but announced it only on Thursday.