A UN arbitral tribunal hearing the case of two Italian Marines, facing charges of killing two Indian fishermen off Kerala in 2012, ruled on Monday that one of the Marines, Salvatore Girone, may be allowed to return to Italy during the ongoing arbitration over whether India had the jurisdiction to try him and his colleague. The ruling potentially clears the way for Girone to return home and stay there during pendency of the arbitration. The Italian foreign ministry, which claims India has no jurisdiction to try Girone and another Marine Massimiliano Latorre -he is already in Italy because of frail health -quickly claimed vindication and said it would contact New Delhi to ensure Girone’s return as soon as possible.This reading of the order was challenged by the Centre, which stressed that the UN tribunal had recognised that the Marine was under India’s “authority alone”. But differences over the order’s interpretation do not seem irreconcilable. The order may actually offer a way out for India and Italy over an issue that has soured ties since February 2012 when Girone and Latorre, on board Italian ship Enrica Lexie, opened fire on an Indian fishing boat suspecting it to be a pirate vessel and killed two men. “The arbitral tribunal unanimously prescribed that India and Italy would approach the Supreme Court of India for relaxation of bail conditions of Sergeant Girone. While remai ning under the authority of the court, he may return to Italy for the duration of the present arbitration,” ministry of external affairs (MEA) spokesperson Vikas Swarup said. The tribunal confirmed Italy’s obligation to return him to India if was found that the country had jurisdiction over him in respect of the incident. The MEA said the tribu nal left it to the Supre me Court to fix the precise conditions of Sergeant Girone’s bail. “This could include him reporting to an authority in Italy designated by our SC, surrendering his passport to Italian authorities and not leaving Italy without the permission of our SC. Italy shall apprise our SC of his situation every three months,” said the MEA spokesperson. The Centre said the order had upheld the authority of the SC. Officials said that they would soon approach the court for further directions. Italy said that it was now going to contact India to ensure that Girone returned home as soon as possible. Italian PM Matteo Renzi described the ruling as a significant step forward. “I’ll take advantage of this moment to send a message of friendship to the great people of India,” he said. The tribunal also said in its ruling that “India must be assured, unequivocally and with legally binding effect, that Sergeant Girone will return to India in case the Arbitral Tribunal finds that India has jurisdiction over him in respect of the Enrica Lexie incident.” Authorities said the tribunal is adjudicating only on the limited question of whether India or Italy has the jurisdiction to try the two Marines for the killing of two innocent Indian fishermen. Only after the tribunal decides which country has jurisdiction, will the criminal trial commence. Let Italians go: Kerala fisherman’s widow The widow of Valentine Jelastine, one of the two fishermen whom the Marines guarding an Italian oil tanker had shot in February 2012, has moved on and does not wish the Italians to be punished.”Four years have gone since I lost my husband and it was difficult at the beginning to come to terms with his sudden demise. However, support from many sides gave us hope and helped revive our lives. I do not insist that the Marines should be tried and punished. I am not against freeing them,” said Dora. She thanked Italy for helping her.”I am thankful for their help, which had enabled me to finance education of my sons Derrick and Dean. The state government also helped me with a job in fisheries department.” She said Italians visited her during Christmas after the killing and would occasionally call Fr Rajesh Martin, the priest who helped them during the crisis, to inquire about them. She is hoping the Italians would keep their word of helping her son with a job once he completes his education.
2016, Bennett, Coleman & Co. Ltd.