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Italian marines arrive in India,Salman Khurshid says no ‘deal’ struck with Italy

Marines may be back,but speculation of 'deal' forces govt to issue a a strong rebuttal.

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The two Italian marines,accused of killing two Kerala fishermen,today returned to India to face trial,ending days of the diplomatic row between the two countries.

The marines arrived here at about 6 PM,hours before the deadline set by the Supreme Court,which had allowed them to go back to Italy to vote in the elections there,expired.

Italy had earlier said it would not send the marines back as promised,insisting India did not have the jurisdiction to try them.

But Italy reversed its position late last night and decided to send the marines – Massimiliano Latorre and Salvatore Girone – back.

The Supreme Court had allowed the marines to return home last month based on the written assurance by the Italian Ambassador here that that they would return within four weeks.

The marines had returned from a similar trip home over Christmas last year.

But this time,after the marines flew home,the Italian government had said they would not be coming back,triggering a diplomatic standoff.

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Prime Minister Manmohan Singh,who had earlier taken a strong stand against the Italian’s refusal to send back marines,today said he was happy that the “integrity and dignity” of the Indian judicial process has been upheld.

Relieved by Italy’s decision,Kerala Chief Minister Oommen Chandy said it clearly established the fact that no country can question the sovereignty of India.

External Affairs Minister Salman Khurshid credited the government’s diplomacy for the return of the marines to face trial in the killing of two Indian fishermen off Kerala coast last year.

No deal struck with Italy on marines’ return: Khurshid

External Affairs Minister Salman Khurshid today said no deal has been worked out with Italy for bringing back the marines accused of killing two Indian fishermen but the government has “clarified” to authorities in Rome that the case does not entitle death penalty.

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Khurshid credited his Ministry,the Supreme Court and the position of his “senior” leaders for the return of the marines.

“We had no deal anywhere. No deal in Geneva,no deal in Colombo,no deal in Rome,” Khurshid told reporters here.

Speaking about the assurances given to Italian authorities about not giving death penalty to the two marines,he said “we clarified,for their (Italian government) benefit and on their initiative,when they enquired and asked us,we clarified to them in writing that if the marines come back within the period that is given to them,which I believe is presumably till midnight 22nd today,they will be compliant with the SC order”.

He said it was clarified that there is no question of any authority proceeding to do anything to them or arresting them. The External Affairs Minister said the marines were “free to move in the country” to the extent limited by the Supreme Court.

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He said the other issue on which the Italians sought clarification was death penalty.

“We clarified that the nature of the alleged incident,for which they will be put on trial,is such,and jurisprudence of our country is very clear on it,that in such a case,there would not be death sentence.

“Because in the description that is being (given) of the rarest of the rarest cases,there is no place. We clarified that,” Khurshid said.

“We didn’t say we will not give you this sentence. We didn’t say that. We said that our understanding is that this is not a case for rarest of rarest. We checked with the law officers… and we gave them only after the law officers” gave

their opinion,Khurshid stressed.

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Italy got itself into a diplomatic row with India after it said that the two marines accused of killing Indian fishermen in Kerala last year will not return despite their written assurances to the Supreme Court which had allowed them to return home to participate in local elections.

However,Italy had last night said it will send back to India the two marines to face trial after receiving an assurance from Indian government about the protection of their fundamental rights.

Khurshid said there are issues that arose because of Italy’s initial refusal to send back the marines and “we don’t have a final answer on that”.

Referring to restrictions imposed on the Italian Ambassador by the Supreme Court,Khurshid said the matter now doesn’t stand as the situation has changed and hence the latest order might not apply.

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But he made it clear that anybody who submits himself to the court would have to comply with the decisions of the court.

He said that at the end of the day,the Supreme Court would have looked into the Vienna convention if there could be a violation but “now that doesn’t apply”.

“I think we were able to move in the right direction. And there is no reason why we should be taking credit in the Ministry of External Affairs alone.

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