Centre moves SC to seeks closure of case against Italian marines
The Central Government of India has moved the Supreme Court seeking closure of judicial proceedings against two Italian marines’ accused of killing two Indian fishermen off the Kerala coast, saying it has accepted the recent ruling of the Permanent Court of Arbitration (PCA) at the Hague which held that India is entitled to get compensation in the case but can’t prosecute the marines due to official immunity enjoyed by them.
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Key-Points
On 15 February 2012, two Indian fishermen (aboard the St. Antony) were killed off the coast of Kerala by two Italian marines – Salvatore Girone and Massimiliano Latorre – aboard the Italian-flagged commercial oil tanker MV Enrica Lexie.
Shortly after the incident, the Indian Navy intercepted the MV Enrica Lexie and detained the two Italian marines. After having been detained in India with no formal charges for two and four years, respectively, the two marines were released and returned to Italy.
Recent judgement
On 2 July 2020, the Permanent Court of Arbitration (PCA) at the Hague recognized the functional immunity of the two Italian marines, noting that they were engaged in a mission on behalf of the Italian Government, and thus ruled that the process continue in Italy.
As a result, Italy will resume its criminal investigation into the ‘Enrica Lexie’ case, while India “is required” to cease exercising its jurisdiction on the marines.
However, Italy was required to find an agreement with India in order to compensate for the two deaths and for the physical and moral damages suffered by the crew members and the vessel.