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Saturday, December 22, 2012

Two Italian marines detained in India return home for a two-week Christmas leave

The Case

The marines were arrested on February 19,2012 from the Italian-flagged ship Enrica Lexie on charges of opening fire and killing two Indian fishermen off Kerala coast on February 15,2012.

The Kerala High Court on May 29,2012 Tuesday held that the two marines charged with shooting to death two fishermen from onboard an Italian ship off the State coast are liable to be prosecuted for murder in accordance with the provisions of the Indian Penal Code and other laws of the country. 

Justice P.S. Gopinathan was dismissing a writ petition filed by Italian Consul-General Giampaolo Cutillio and marines Massimilano Latorre and Salvatore Girone, challenging the first information report filed against the duo. The court also imposed on the accused litigation costs of Rs.1 lakh each. 

The court observed that the February 15, 2012 shooting occurred within the contiguous zone (CZ), which also overlaps the exclusive economic zone (EEZ). This position was not disputed by the petitioners. Therefore, it could safely be concluded that the incident happened within the CZ/EEZ. 

(As per the Territorial Waters Act, the CZ is an area beyond and adjacent to the territorial waters for a distance of 24 nautical miles (NM) from the nearest point of the baseline, while the EEZ has been defined as an area beyond and adjacent to the territorial waters up to a limit of 200 nautical miles from the baseline.) 

The court also found that IPC provisions had been extended to the CZ/EEZ. For any incident taking place in the CZ/EEZ of India, provisions of the IPC and the Criminal Procedure Code would apply as if it had occurred within the territory of India.


Two Italian marines - Massimiliano Latorre and Salvatore Girone, who were detained in India after they mistook two fishermen for pirates and fatally shot them, have returned to Italy for a two-week Christmas leave.

The passports of the Italian marines, Massimiliano Lattore and Salvatore Girone were released by the Kollam District and Sessions Court on Dec 21,2012 Friday.

They  had surrendered their passports to the court as one of the conditions for their bail. The passports were released following Kerala High Court’s conditional permission granted on Thursday, subject to the decision of the union government that the marines could be at home in Italy for Christmas

The Italian Ambassador to India, Giacomo Sanfelice di Moteforte and the Italian Consul General Giampaolo Cutillo filed affidavits before the court that on behalf of the Italian government they unconditionally undertake the responsibility that all conditions imposed by the High Court will be obeyed by the accused marines.

They landed at Rome’s Ciampino airport on Saturday Dec 22,2012 after Kerala High court agreed on Dec 20,2012 Thursday to let them spend Christmas with their families and must return by January 10,2013.

Italian marines Salvatore Girone (right) Massimiliano Latorre (left) and Italian Navy chief of staff admiral Luigi Pinelli Mantelli talk to the media as they arrive at the Ciampino Rome airport from Kochi on December 22,2012


Italian Marines Return - Friday Jan 4,2013

 

The Italian Marines - Massimiliano Latorre and Salvatore Girone(accused in the case for shooting two Indian fishermen to death off Indian shores, returned after spending Christmas with family at home)arrived at the Cochin International Airport here by a special flight that touched down at 7.50 a.m., following which they reported at the office of City Police Commissioner past 9.30 a.m. The marines then proceeded to Kollam to surrender their passports.

Giampaolo Cutillo, Italian Consul General, who was with the marines, told The Hindu that they have returned in compliance with the bail issued and with effect from Friday, the earlier bail conditions would be in place. This will mean that the marines have to report to the office of the Kochi City Police Commissioner and remain within 10 km radius of the office.

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