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NEW DELHI: The Centre on Friday requested the Supreme Court to shut eight-year-old proceedings initiated by Italian authorities and two marines in opposition to latter’s prosecution in the killings two Kerala fishermen in 2012, saying additional listening to was not required as a recent international tribunal‘s non-appealable and binding award has vindicated India’s stand.
The ministry of exterior affairs (MEA) in an software earlier than the SC mentioned it has accepted the May 21 Award of the Arbitral Tribunal below UN Convention on the Law of Sea (UNCLOS) because it vindicated the Indian stand by ruling that “actions of the Italian Marines (Massimiliano Latorre and Salvatore Girone on board Italian vessel Enrica Lexie) breached India’s freedom and right of navigation” and upheld the conduct of Indian authorities with regard to the February 15, 2012 firing incident ensuing in loss of life of main to 2 fishermen aboard St Antony off Kerala coast.
The tribunal, MEA advised SC, has held that each India and Italy had concurrent jurisdiction over the incident and that there existed a legitimate foundation for instituting felony proceedings in opposition to the 2 Marines. However, it cited diplomatic immunity loved by them non-suited India from exercising its jurisdiction over Marines. The tribunal rejected the Italian declare for compensation for detention of the Marines in India in reference to the case, it mentioned.
The tribunal has precluded India from continuing additional with the felony case in opposition to the Marines as Italy promised to renew felony investigation into their conduct. However, the tribunal entitled India to “compensation in connection with loss of life, physical harm, material damage to property and moral harm suffered by the captain and other crew members of ‘St. Antony’,” the MEA mentioned.
The tribunal didn’t quantify the compensation, which must be labored out via bilateral talks between the 2 international locations. “India being a party to the UNCLOS… the Award is final and without appeal and shall be complied with by the parties to the dispute,” the MEA mentioned. Seeking disposal of pending issues, the Centre mentioned, “India has taken a decision to accept and abide by the Award passed by the said Tribunal which would have the bearing on the continuance of present proceedings before the SC.”
During the pendency of proceedings in the killing of Kerala fishermen, the SC had final handed an order on March 6, 2017 deferring listening to indefinitely on the petitions filed by Italian authorities, the 2 Marines and one other by saying, “Put up for hearing as and when the final Award (of the Arbitral Tribunal) is placed on record of the cases by the parties”. The MEA has positioned the Award on report via its software filed on Friday.
During the listening to, the SC had dominated that Kerala police had no jurisdiction to research the case resulting in the Centre entrusting probe to National Investigation Agency. Meanwhile, the SC had barred the 2 Marines from leaving India. At one level of time when the Marines breached the parole deadline to return again to India whereas in the custody of SC, the courtroom had barred Italian ambassador Daniel Mancini from leaving India ensuing in the return of the Marines.
However, SC allowed Latorre to return to Italy on medical grounds on September 12, 2014 and he by no means returned again by getting extension of parole interval now and again by producing medical certificates. Two years later, the SC on May 26, 2016 allowed Girone to go residence after Italy raised a dispute earlier than the Arbitral Tribunal below UNCLOS over India’s jurisdiction to attempt the Marines. The proceedings had been in limbo in SC since then.
The ministry of exterior affairs (MEA) in an software earlier than the SC mentioned it has accepted the May 21 Award of the Arbitral Tribunal below UN Convention on the Law of Sea (UNCLOS) because it vindicated the Indian stand by ruling that “actions of the Italian Marines (Massimiliano Latorre and Salvatore Girone on board Italian vessel Enrica Lexie) breached India’s freedom and right of navigation” and upheld the conduct of Indian authorities with regard to the February 15, 2012 firing incident ensuing in loss of life of main to 2 fishermen aboard St Antony off Kerala coast.
The tribunal, MEA advised SC, has held that each India and Italy had concurrent jurisdiction over the incident and that there existed a legitimate foundation for instituting felony proceedings in opposition to the 2 Marines. However, it cited diplomatic immunity loved by them non-suited India from exercising its jurisdiction over Marines. The tribunal rejected the Italian declare for compensation for detention of the Marines in India in reference to the case, it mentioned.
The tribunal has precluded India from continuing additional with the felony case in opposition to the Marines as Italy promised to renew felony investigation into their conduct. However, the tribunal entitled India to “compensation in connection with loss of life, physical harm, material damage to property and moral harm suffered by the captain and other crew members of ‘St. Antony’,” the MEA mentioned.
The tribunal didn’t quantify the compensation, which must be labored out via bilateral talks between the 2 international locations. “India being a party to the UNCLOS… the Award is final and without appeal and shall be complied with by the parties to the dispute,” the MEA mentioned. Seeking disposal of pending issues, the Centre mentioned, “India has taken a decision to accept and abide by the Award passed by the said Tribunal which would have the bearing on the continuance of present proceedings before the SC.”
During the pendency of proceedings in the killing of Kerala fishermen, the SC had final handed an order on March 6, 2017 deferring listening to indefinitely on the petitions filed by Italian authorities, the 2 Marines and one other by saying, “Put up for hearing as and when the final Award (of the Arbitral Tribunal) is placed on record of the cases by the parties”. The MEA has positioned the Award on report via its software filed on Friday.
During the listening to, the SC had dominated that Kerala police had no jurisdiction to research the case resulting in the Centre entrusting probe to National Investigation Agency. Meanwhile, the SC had barred the 2 Marines from leaving India. At one level of time when the Marines breached the parole deadline to return again to India whereas in the custody of SC, the courtroom had barred Italian ambassador Daniel Mancini from leaving India ensuing in the return of the Marines.
However, SC allowed Latorre to return to Italy on medical grounds on September 12, 2014 and he by no means returned again by getting extension of parole interval now and again by producing medical certificates. Two years later, the SC on May 26, 2016 allowed Girone to go residence after Italy raised a dispute earlier than the Arbitral Tribunal below UNCLOS over India’s jurisdiction to attempt the Marines. The proceedings had been in limbo in SC since then.
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