New Delhi: Finance Minister Arun Jaitley today affirmed that India has jurisdiction in the Enrica Lexie incident of February 2012 where two Italian naval personnel on board the ship opened fire on an Indian fishing vessel resulting in the death of two fishermen.
Making a suo motu statement in the Lok Sabha on the order of the Hague-based UN Arbitral Tribunal to release the two marines, Jaitley said India has successfully contested against the Italian plea for releasing the marines in the International Tribunal of the Law of the Sea. The Tribunal had confirmed Italy’s obligations to return them to India.
He said the government will fight for the rights of the victims of this incident and expressed confidence of obtaining justice.
Italy had on Monday said a UN court has ordered that Italian marine Salvatore Girone be allowed home on bail while arbitration proceedings in The Hague continue in the case that has soured ties between the two countries. But Indian government sources rejected the Italian foreign ministry's claim, alleging that Rome was misinterpreting the ruling that "neither releases nor frees any marine (but) only recommends further relaxation of his bail conditions".
The two Italian marines, Sergeants Latorre and Girone, who were charged with murder were detained by the police and the case against them is presently in the Supreme Court.
Girone and fellow Italian marine Massimiliano Latorre on board oil tanker Enrica Lexie allegedly shot dead two fishermen off the Kerala coast during an anti-piracy mission in February 2012, reportedly mistaking them for pirates. While Latorre is already back home on health grounds, Italy has been seeking the return of Girone also.
But India has refused to let Girone, who is housed in the Italian embassy premises in New Delhi, to leave the country.
The case has triggered a diplomatic row between India and Italy even as the two countries last year agreed to move to the Permanent Court of Arbitration in The Hague and abide by its decisions.
Italy argues that the marines should have immunity as they were servicemen working on a mission and that India does not have jurisdiction as the incident took place outside its territorial waters.
