A United Nations arbitration tribunal on Monday held that Italian marine Salvatore Girone should be allowed to return to Italy pending the arbitral proceedings in the case. But realising that the matter is pending in the Supreme Court here, it asked the Indian and Italian Governments to approach the apex court to fix the bail conditions to permit his release. Besides, it ruled that the marine will have to return to India to face trial if the Indian Government wins the case in the tribunal and has jurisdiction over him for the trial.
Two Italian marines —Massimiliano latorre and Salvatore Girone — who were on board ship ‘Enrica lexie’, are accused of killing two Indian fishermen off the Kerala coast on February 15, 2012.
Reacting to the tribunal’s ruling, MEA spokesperson Vikas Swarup said, “The Government is studying the order which was received today.
It would, in due course, approach the Supreme Court for its directions on this matter. We believe that Government’s consistent positions and key arguments in this particular case have been recognised by the Tribunal. The authority of the Supreme Court has been upheld. We remain confident that the issue of jurisdiction will be determined in our favour.”
The Tribunal is adjudicating the limited question of whether India or Italy has the jurisdiction to try the two marines for the killing of two Indian fishermen. Only after the Tribunal decides which country has the jurisdiction, will the criminal trial commence. Pending this final decision of the Tribunal, both marines are currently on bail on orders of the SC and will continue to remain under its jurisdiction till the verdict of the Arbitral Tribunal. While latorre is back in Italy after a stroke in 2014, Girone is staying in Italian embassy in New Delhi and has to report to Chanakyapuri police station regularly. The Tribunal had earlier stayed all criminal proceedings, including the trial, of these two marines.
Italy had approached the Tribunal seeking Girone’s release, saying since the arbitration could last at least three or four years, the marine risks “being held in Delhi, without any charges being made, for a total of seven-eight years”. Italy argued that this would amount to “grave violation of his human rights”.
Sources clarified that the Arbitral Tribunal’s Order clearly recognises that “Girone is under India’s authority alone” and that the “Supreme Court of India exercises jurisdiction” over him. “The Order, therefore, asks India and Italy to approach the SC for relaxation of the bail conditions of one Marine (Girone) under strict conditions to be laid down by the apex court,” sources said.
The Tribunal has suggested that the strict conditions may include guarantees whereby Italy shall ensure that Girone reports to an authority in Italy designated by the SC in intervals to be determined by it. Girone shall be required by Italy to surrender his passport and shall be prohibited from leaving Italy unless the SC grants him leave to travel. And, Italy shall on its own motion, apprise the SC of the situation of Girone every three months.
Sources added that Italy itself has accepted that if Girone is allowed by the SC, “he will remain under the jurisdiction of the Courts of India…without prejudice to the authority of India’s courts”.
The Tribunal has assured India that Girone will return if it finds that India has jurisdiction over him in respect of the Enrica lexie incident. “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”. Italy has already given multiple undertakings to this effect and it will be its obligation to return the Marine to India. The Tribunal added “these undertakings constitute an obligation binding upon Italy under international law”.
In Rome, the Italian Government said the Tribunal has allowed Girone to go back. “Foreign Ministry informs that the arbitral tribunal set up in The Hague has anticipated today its decision that Girone Rifleman (be allowed to go) back in Italy until the end of the arbitration proceedings, initiated by the Government on June 26, 2015. The return of the conditions will be agreed between Italy and India,” the Italian Ministry said.