Massimiliano Latorre and Salvatore Girone, the Italian marines accused of killing unarmed Indian fishermen off Kerala coast in 2012
Responding to Italy’s appeal, the International Tribunal on Law of the Sea asserted its jurisdiction in the case and said there would be no more legal proceedings “that could aggravate the case.”
The tribunal has not responded to Italy’s request that its marines should be freed.
Italy has based its appeal on a UN law that grants jurisdiction to the country that owns the ship involved in any incident at sea.
The marines, Massimiliano Latorre and Salvatore Girone, were on board the oil tanker “Enrica Lexie” when they allegedly shot two unarmed Indian fishermen off the Kerala coast on February 15, 2012. Italy maintains that the shooting took place in international waters and that the fishermen were mistaken for pirates.
Sergeant Girone is out on bail in India and sergeant Latorre has been given permission by the Supreme Court to stay in Italy for another six months for medical treatment.
India had argued before the tribunal that it has the right to try the marines as the incident took place in its exclusive economic zone.
India’s representative told the tribunal that the marines “used automatic weapons without warning and shot in head and stomach of the two fishermen” and that it was a “double murder at sea.”
The Italian government’s version was short, straightforward and misleading, India said in the tribunal hearing at Hamburg.
India has also challenged Italy’s contention that it has kept Sergeant Girone as a “hostage”. “It is surprising that Italy is insensitive to the interests and plight of the victims of crime and is adopting a discriminatory attitude,” India said in its submission.
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