The legal tussle between India and Italy on exercising criminal jurisdiction over Italian marines Sergeant Salvatore Girone and Sergeant Massimiliano Latorre is not likely to be resolved before February 2018, as per a timeline laid down as “Rules of Procedure” by the Arbitral Tribunal at The Hague that will hear the case.
On December 11, Italy requested the tribunal for directions allowing Girone to travel to and remain in Italy until arbitration between the countries is completed. It has asked India to submit a reply no later than February 26, after which a hearing on provisional measures will be held on March 30 and 31 at Peace Palace in The Hague.
Girone has been living in the Italian embassy in Delhi, while Latorre was allowed to travel to Italy last year after being diagnosed with a medical condition. The marines have been accused of shooting dead two fishermen off Kerala coast in February 2012.
As per Rules of Procedure, on or before September 16, 2016, Italy shall file a memorial containing statement of facts it relies on; its submissions and a statement of the decision and relief sought by Italy. On or before March 31, 2017, India shall submit a counter-memorial with an admission or denial of facts alleged in the memorial and observations on submissions on law in the memorial and India’s submissions in answer.
Italy can reply on or before July 28, 2017. On or before December 1, 2017, India can submit a rejoinder, including a reply to any counter-memorial on jurisdiction or admissibility.
“In the event that India submits objections to jurisdiction and/or admissibility pursuant to Article 10 (2) (b) herein, or pursuant to Article 10 (2) (a) in circumstances in which the proceedings thereon were not bifurcated, Italy may submit a rejoinder to any reply on jurisdiction and/or admissibility limited to question of jurisdiction and/or admissibility made by India pursuant to Article 9 (4) herein on or before February 2, 2018,” state the Rules of Procedure released Tuesday.