India assured marines: no arrest,no death penalty

Sources said that after the apex court took a strong stand on March 14,Italy asked India for a series of clarifications,the main ones being whether the death penalty would apply to this case,and the status of the marines once they returned to Delhi.

Italy’s deputy foreign minister Staffan de Mistura,who accompanied the two men,agreed that a diplomatic crisis had been averted and said the turning point was India’s assurance that the death penalty would not apply to the case.

“Death penalty is unacceptable to us,even for foreigners convicted of crime in Italy. The government of India wrote to Rome assuring that the marines will not be sentenced to death. The guarantee was enough for the Italian government,” de Mistura told reporters.

Sources said that after Rome sought clarifications,there were hectic consultations in Delhi,with the law ministry also being involved. After the law ministry gave its opinion that the death penalty would not be applicable in the case,an assurance about the same was given to Italy.

Earlier,External Affairs Minister Salman Khurshid told both Parliament that an assurance was given that if the marines returned by the four-week deadline set by the Supreme Court,which ended Friday,they would not be arrested.

Italy,the minster added,was also told that the death penalty will not apply in this case,as per the Indian law. “According to well-settled Indian jurisprudence,this case would not fall in the category of matters which attract the death penalty,that is to say the rarest of rare cases. Therefore,there need not be any apprehension in this regard,” Khurshid said.

Speaking outside Parliament later in the day,Khurshid also said India had not struck any “deal” with the Italian government and had merely issued written “clarifications” sought on these two counts.

It is learnt that the two marines will now stay at the Italian embassy until the special court is set up to hear the case as directed by the Supreme Court. Even if they are convicted,the marines may be able to serve their sentence in Italy,under a bilateral agreement signed late last year.

Khurshid said that following talks,India was “informed through a diplomatic approach that the government of Italy would be willing to send the two marines back to India as per its commitment”.

While the Italian government has kept it word on the return of the marines,it stuck to its position and questioned the jurisdiction of Indian courts in the case. “Our official position remains the same,that when marines,while discharging duties in international waters,commit a crime,they will be adjudicated in their own countries,” de Mistura said. A formal case in a military court in Italy will also be initiated,he said,adding that the marines were questioned during their visit home.

Italy also asked India to set up the special court swiftly. The visiting minister said that Italy hoped for a quick trial that would end in a few months and bring closure to the families of the fishermen and end the uncertainty faced by the families of the marines.