18 March 2013

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Time Line Italy Marine Case SC Italy’s Ambassador Daniele Mancini No Diplomatic Immunity

Time Line Italy Marine Case SC Italy’s Ambassador Daniele Mancini No Diplomatic Immunity


Supreme Court of India had on March 14 asked Mancini not to leave the country without its permission, taking exception to his government's refusal to send back the two marines, Massimiliano Lattore and Salvatore Girone to face trial in India in the killing of two Indian fishermen last year.

Supreme Court of India extended date of order barring the Italy’s Ambassador Daniele Mancini from leaving the country April 2 when the case will again come up for hearing.

Thus, he cannot leave India before April 2, 2013.

Supreme Court Bench said, "The person who has come to this court as petitioner, we don't think he has any immunity." “He has no immunity. What do you think of our judicial system?"

Time Line How it all happened and how they ran away by cheating India.

February 15, 2012

A fishing trawler named St Antony had left Kerala with 11 fishermen on board to fish for tuna.
Ajesh and Valentine both were on the above boat.

Two Indian fishermen Ajesh Binki and Valentine aka Gelastine were killed by two Italian marines named Salvatore Girone and Massimillano Latorre off the coast of south India.
Both of them are from the San Marco Regiment.

Using the automatic weapons both the marines killed the Indian Fishermen from
Oil tanker MV Enrica Lexie.

The incident happened within the Indian Contiguous Zone around 20.5 nautical miles off the coast of the state of Kerala.

MV Enrica Lexie was travelling from Singapore to Egypt.
I do not know what is the reason the tanker was on Indian shore, media has not reported for what business or what was reason tanker was in Indian seawater.

The captain of the boat said that their boat was waiting for the tanker to pass when the security men on board the tanker fired at the boat without provocation.
The crew of the fishing boat says the incident occurred at approximately 4:30 PM IST when the fishing boat was returning from fishing.
The firing lasted for two minutes, and killed Gelastine on the spot and injured Ajesh Binki; later he died.

the Indian government has maintained that the incident took place within Indian territorial waters and so it was under Indian jurisdiction.

Italian say that they thought fishermen were pirates and shot at them and killed them in self-defense.

Kerala High Court –
In an affidavit both Marines told to Kerala High Court that
"The master of the vessel increased the speed of the ship to 14 knots (about 28 km/per hour) and reduced the speed to 13 knots once the piracy attack was averted.
The master also activated the Ship Security Alert System (SSAS), which sent out signals to the Italian Maritime Rescue and Coordination Centre (MRCC).
The master also reported the incident on the mercury chart, which links together and transfers information to the community including several navies across the world fighting piracy, including to the Indian Navy headquarters.
The 'Military Report' was also done.
A report was sent to MSCHOA at UK.
Since the attempted attack was averted, the vessel continued on its scheduled course of journey."

Italian Deputy Foreign Minister Staffan de Mistura told to media that
it was an "unfortunate incident which everyone regrets. Our marines never wanted this to happen, but unfortunately it took place". It was accidental death.

The Indian Coast Guard said that after the incident, the Enrica Lexie continued sailing for almost three hours and covered a distance of 39 NM from its original position where the incident took place.

It was only after the interception by the Indian Coast Guard that the vessel sent an e-mail reporting the incident to her owner at around 19:17 IST.

According to mandatory procedure, such incidents have to be reported to the IMB piracy-reporting centre as soon as they occur.

February 16, 2012 –
The Postmortem report revealed that bullets of 5.56mm NATO were used to kill the fishermen.

February 17, 2012

Media reported that Indian fishermen were not carrying any arms.
fishermen were unarmed and posed no threat to any ship.

February 19, 2012
The Kerala police charged the two marines under Section 302 of the Indian Penal Code with homicide and took them into custody for interrogation.

The arrested Italian marines were first remanded to police custody in a CISF guesthouse and later to judicial custody at the Kochi Police Club.

The marines met with Italian consular and diplomats on a daily basis.

December 2012

Italy threatened India and mentioned legal and political-diplomatic initiatives would be initiated at the international level.

December 20, 2012 –

Kerala High Court allowed both Italian Marines to travel to Italy for 2 weeks during the Christmas vacation period.

I do not know why they did not told Marines to invite their family to India to enjoy Christmas on condition that they will be free in India for 2 weeks, can enjoy with family, but cannot leave India.

The Italian Government submitted guarantees to the High Court prior to taking custody of the Marines and was responsible for their return and surrender of passports to the Kerala High Court before January 10, 2013.

Marines went to Italy and they enjoyed with family and they returned to India.

Now case was transferred from High Court to Supreme Court.

Supreme Court of India ordered government of India to appoint a special court and finish the case as fast as possible.

However, it did not happen.

February 22, 2013

Supreme Court of India allowed marines to return to Italy for 4 weeks to vote in General Elections.

In reality, Italian citizens who are staying in other nations are allowed to vote through mail.
No need to travel to Italy on the name of voting

Italian Ambassador in writing, through affidavit told to Supreme Court of India that
marines will return back to face the Indian courts.

4-week time limit ends on March 22, 2013.

March 11, 2013-
the Italian Foreign Ministry said Marines will not return to India to face murder charges.

March 18, 2013

Supreme Court of India told Italian Ambassador that he cannot leave India before April 2, 2013

April 2 is the next date on that day Supreme Court of India may take historic decision and order the arrest of Italian Ambassador proving that India is not a beggar nation and Indian citizen’s life has a value.

Do you think Supreme Court of India will order the arrest of Ambassador?

Most important part of this case –

Suppose Marines return to India.

Supreme Court of India finds them guilty for murder and gives them punishment.

After this what will happen?

Do you think Marines will stay in Indian Jail?

No Marines will not stay in India or Indian Jail.

After this Murder or accidental murder of fishermen by Italian Marines and punishment by SC then also the marines will return go back to Italy.

Government of India and Government of Italy signed a contract as per contract
If Italian citizens commit any crime in India they will be, send to Italy immediately

Why this was signed up?

Reality views by sm –

Monday, March 18, 2013

Tags – Italy Marine Case


Joseph Pulikotil March 18, 2013  

Italy has played their cards very carefully. First, they paid Rs.1 crore each the family of dead fishermen. They also compensated the boat owner. So there is no complaint from the affected parties. Finally, they played a trick on the Indian courts.

Now we can sort out the problem only diplomatically.

Anonymous,  March 18, 2013  

What a comprehensive summary of the events of this case. You've outlined all the points nicely.

The Indian government seems to have behaved naively in letting the Marines go home. And not just once, but twice. The second time they didn't come back.

MEcoy March 18, 2013  

another great post

DWei March 19, 2013  

Well I guess it could have gone A LOT worse.

SM March 19, 2013  

@Joseph Pulikotil

thanks for adding more info