|Activists of the Kerala Swathandra Malsya Thozhilali Union and National Fish Workers Forum protest against Italian marines, in Thiruvananthapuram on Tuesday. Photo: S Gopakumar (The Hindu)|
An Italian Job (The Hindu Editorial, March 13, 2013)Nations that want to be taken seriously must match their actions with that aspiration. The refusal to send back Massimiliano Latorre and Salvatore Girone — the Marines aboard the merchant ship Enrica Lexie accused of shooting and killing two fishermen off the Kerala coast after mistaking them for pirates — may win the new Italian government brownie points at home but is conduct unbecoming of a responsible nation. The duo were permitted by the Supreme Court to visit Italy to cast their votes in the February 22 national election, on a promise by the Italian government that they would return to India to face trial. Foreign Minister Giulio Terzi of the outgoing government spoke glowingly of the decision as “evidence of the climate of mutual trust and cooperation with Indian authorities.” Italy now stands in breach of that trust. The Italian foreign ministry says New Delhi did not heed its request for a diplomatic resolution, a curious statement considering all avenues for such resolution have already been tried and exhausted.
From day one, Italy has questioned India’s jurisdiction in the matter, as according to it, the incident took place in international waters. The Supreme Court ruled in January that while India indeed had jurisdiction, only the Union government — and not Kerala — could investigate or try the case. Accordingly, it ordered a special court for the purpose. But the ruling’s “high seas” description of India’s Exclusive Economic Zone beyond the 12-nautical mile line that marks the formal extent of the maritime boundary was certainly favourable to the Italian side. The Court also went so far as to leave the jurisdiction question open, saying Italy could challenge India’s right to try the two men in the special court. With all this, the Italians could hardly have claimed that the legal process was biased against them. While India-Italy ties will not be the same again, the Supreme Court’s decision to allow the two accused men to leave India is also curious. Permission was given on the basis of a Kerala High Court order that granted the Marines a two-week sojourn in Italy during Christmas. That was in itself a highly unusual decision. The Supreme Court seems to have persuaded itself to believe that having returned once, they would certainly return again. But having done that, it laid down none of the stringent conditions to ensure the Marines came back, as the High Court had done. Those included execution of a Rs 6 crore bank guarantee, and undertakings by the Italian envoy taking responsibility for their return. The fact that it did not press these issues in February is another embarrassment for the UPA, which stands exposed for allowing itself to be taken for a ride so easily by a foreign government.
It’s No Longer Christmas Time (By TP Sreenivasan, The Hindu, March 13, 2013)Italy stands guilty not only of causing the death of innocent people, but also of violating a solemn promise given in the name of a sovereign state
The tremors of an act of Italian perfidy instantly reached the shores of Kerala on Monday night, where some impoverished fisherfolk have been waiting for justice for more than a year. The Italians, ranging from consular officials to the Foreign Minister of Italy, who visited the relatives of the victims of the shooting in February last year, had appeared reasonable and sympathetic. In fact, there was even appreciation for the extent to which the Italian Government was ready to go to rescue their marines. Its decision not to send the marines back to India to stand trial by revoking the solemn guarantee given by the Italian Government to the Supreme Court of India came as a rude shock. At a moment when the believers are focused on Italy because of the papal election, the country’s reputation and credibility have hit an all-time low.
SETTING UP CONFRONTATION
For most Europeans, to whom “Italian Justice” refers to the many failings of the judicial system in the country, the action may not come as a surprise. There is barely any iconic case in Italy that has given confidence to the people that justice has been done. Even after verdicts have been given, “conspiracy theorizing” is known to be a national pastime. A country with such a reputation for a cavalier attitude to law was not worthy of the trust bestowed on it by the Supreme Court of India. The defiance of the Supreme Court on the one hand and violation of basic diplomatic norms on the other have brought Italy to an unprecedented confrontation with India.
As the Chief Minister of Kerala, Oommen Chandy, leaves for Delhi for urgent consultations, at the top of his agenda will be the frustration and disappointment of the people of Kerala, who had expected that justice would be done when the case was transferred to the Supreme Court. Effigies of the marines were burnt on the streets of Thiruvananthapuram on Tuesday. The demands made by the people of Kerala range from exploring possible legal avenues to imprisoning the Italian Ambassador till the marines return. Kerala had specifically objected to releasing the marines to travel to Italy to participate in the elections on the basis of a guarantee from a diplomat, who enjoys immunity against the laws of the country. The High Court of Kerala had allowed them to visit Italy for Christmas only after depositing Rs.6 crore as guarantee. If the marines had not returned, at least the families of victims would have been adequately compensated.
STEPS BEFORE INDIA
Italy had argued, right from the beginning, that the shooting took place in international waters and that India had no jurisdiction in the case. But having faced court action in Kerala, the Italians fought the battle in the courts and simultaneously pressed the government of India at the highest level to resolve the issue diplomatically. They had sensed the impact of public opinion on the courts in Kerala and tried to take the case out of the State. At one time, a compromise was worked out with the help of certain church groups, but the court rejected it. It was with a sigh of relief that Italy greeted the decision by the Supreme Court of India to move the case to Delhi and try it in a special court under the provision of maritime laws, including the Law of the Sea. In the midst of all this, Italy even managed to get India to announce the ratification of a treaty with Italy that allows citizens convicted of crimes in either country to serve their prison sentences in their home country. Against this backdrop, the resorting by Italy to violation of an explicit undertaking is all the more reprehensible.
The Prime Minister of India has termed the Italian action unacceptable and the strong protest of India has been conveyed to the Italian Ambassador in Delhi. Italy will seek international arbitration to appear reasonable, but will not agree to return the marines. It might also say that the agreement reached by the previous Italian government was rejected by the Italian electorate and would not be binding on the new government. The strongest action India can take is to recall our Ambassador to Italy or to expel the Italian Ambassador or both, thus creating a breach in the relationship. On the legal side, India can declare the marines absconders from law, notify Interpol and seek their extradition, but the case will be at the mercy of an Italian court. None of these measures will bring the Italian marines back, but in diplomacy and international law, India has a major grievance against Italy, which will have an adverse impact on bilateral relations. It is incumbent on Italy to make amends to save its face internationally.
For the poor fishermen of Kerala, devastated by the shooting and killing of innocent people, who could have hardly been suspected to be pirates and now been denied justice, the fine points of the law or the present diplomatic row will not bring relief. The families had, at one time, reportedly agreed to a compensation package and that should be settled if they still are willing to accept it. For the rest, international law and diplomatic exchanges will continue indefinitely. Italy stands guilty not only of causing the death of innocent people, but also of breach of trust and violation of a solemn promise given in the name of a sovereign state. India is left to face the shame of having been duped by another nation it trusted. Kerala will remain aggrieved both with its own Central government as well as Italy that its efforts to secure justice for its people were thwarted.
(TP Sreenivasan is a former Ambassador of India and Governor for India of the IAEA. He is executive vice-chairman, Kerala State Higher Education Council and director general, Kerala International Centre.)