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Italian marines case may take international arbitration route

Italy had sought extension of its marine's stay also on the ground of invoking international arbitration over territorial jurisdiction.

Written by Utkarsh Anand | New Delhi | Updated: July 14, 2015 2:55 am
Italy marines, Italy marines row, italy marines case, italian marines case, italy marines india, Massimiliano Latorre, Massimiliano Latorre italy, italy Massimiliano Latorre, italian marines, italy news, india news The two marines, Massimiliano Latorre and Salvatore Girone, are accused of killing the two fishermen while assigned to anti-piracy duty aboard an Italian cargo ship off India’s southwestern coast.

The Centre told the Supreme Court on Monday that it has agreed to participate in international arbitration proceedings in the case related to the two Italian marines, Massimiliano Latorre and Salvatore Girone, accused in the 2012 shooting of two Indian fishermen.

It also told a bench led by Justice Anil R Dave that it had no objection to allowing Latorre to extend his stay in Italy by another six months on medical grounds, even as the court pointed out that its “discretion may get curtailed” if the government agreed to the concession. The bench, also comprising Justices Kurian Joseph and Amitava Roy, then allowed Latorre’s third application for extension since September last year.

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In the last week of June, the Italian foreign ministry had announced its move to invoke international arbitration, saying the decision was taken after three years of negotiations with India and the “impossibility of arriving at a solution to the controversy”. In his application, Latorre sought a stay on all proceedings in India since his country had invoked arbitration.

Responding to the plea, Additional Solicitor General P S Narasimha said: “I am not opposing the prayer for extension (of stay). But the prayer is somewhat different in the new application. They have taken reference to arbitration as a ground too. We don’t have a problem if this is extended on the medical ground though.”

He added that there was a “consensus” regarding international arbitration, invoked by Italy to decide the question of territorial jurisdiction.

“So far as arbitration is concerned, we will go before the arbitrator and raise all our objections there. This arbitration is invoked under a convention to which India is a party. We are bound by the convention,” he said. “We will raise questions of maintainability… we will say as a sovereign country, the crime has been committed here,” he added.

Senior advocate Soli Sorabjee, appearing for Italy and its marines, said India would have to nominate its arbitrator for the arbitration proceedings and since this would take time, Latorre should be allowed to remain in Italy for six months. He added that the government has no objection to this. As the ASG nodded, the bench pointed out: “If you agree on this, our discretion gets curtailed. We hope you understand that.”

Apart from responding to the plea over jurisdiction of an Indian court, the bench also sought the government’s affidavit on the issue of whether the NIA investigation in the case was valid or not.
The next hearing is scheduled to be held on August 26.

 

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  1. N
    Nam
    Jul 14, 2015 at 2:49 am
    In fact the Supreme CORRUPT of India asked the Indian Govt not to object to extension of stay. The Supreme CORRUPT 'uggers wouldn't have objected even if it is 60years extension. But that would be brazen fooling of people. So the'uggers decided to extend by 6 months every 6 months for the next 120 six months. After all Italian is white for the judges and they taste better than their wives.
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    1. Mohammad Bin Tughlaq
      Jul 13, 2015 at 2:25 pm
      India is behaving in an utterly mulish manner in this case. What exactly India expect to gain in holding the Italian Marines under captivity here waiting for the case to be taken up in SC? Is it to uphold the sancy of our law and punishment system. Is ours so perfect that we never err in it? Is it not that many criminals escape using some flaw in the system and many an innocent get punished for no fault of theirs? Does not many an innocent languish in jail?. Our system is a very defective system where those with money can escape law and those without it will get punished for crimes they have never committed as the law makers want to get a scapegoat. Things being so what is the purpose of holding the Marines indefinitely here? To be fair enough Italy has paid rupees one crore each to the families of the two fishermen who has been alleged to be killed by the Marines. Had it been in stan or any Muslim country where Sharia is followed these two Marines would have been in Italy some two years back. But we claim to be so modern in our law and punishment system that they are still at the mercy of the Indian government. It is this atude that we ume, that is holier than you, which make us enemy of all our neighbours. Is there any single country having a common border which we can call a friend? We are at loggerhead with all. Our PM and all may go visiting foreign countries but at time of crisis there will not be anyone to help us unless there is some gain for them. Some commercial advantage. If US wants to be friendly with us it is only for selling their weapons. France to sell their planes and like that. It will be better if India send the other Marine also to Italy and leave it to the arbitration by a world court.
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      1. B
        bloc
        Jul 14, 2015 at 8:19 am
        This clearly shows the rubber backbone of Indian Authorities. India is a mive country, isn't it capable of medical treatments. All this is a sham. Anyhow the emotional trauma have seemed to p, so any exchange and even free p would be allowed. It was proved by site authorities that the incident happened in territorial waters. At least these murderers who have no respect towards a nation or its people, should be imprisoned for 7 years and in good faith of relationships with Italy, the rest of the sentence could be allowed in Italy. So Italy Rules.
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        1. Maurizio Tentor
          Jul 14, 2015 at 7:28 pm
          Error. 1507_Enrica_Lexie_Technical_Analysis_abstract_slide_July_2015.pdf
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          1. Maurizio Tentor
            Jul 14, 2015 at 7:27 pm
            Watch this: 1507_Enrica_Lexie_Technical_Analysis_abstract_slide_July_2015.pdf
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