Fishermen deaths: Italy wants FIR against marines quashed

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Amid a deepening row between India and Italy, New Delhi has once again asserted that the law of the land will take its course in the case involving an Italian ship and the two Italian marines now under arrest in Kerala.

The firm stand was conveyed to the Italian deputy foreign minister Steffan de Mistura, when he met on Wednesday the Union minister of state for external affairs, Preneet Kaur in New Delhi, and chief minister Oommen Chandy in Nattakom, near Kochi.

Mistura came to New Delhi on Wednesday to sort out matters following the arrest of the two marines. 'We want truth to prevail'.

In Rome, the commander of the Italian navy’s landing forces, Pasquale Guerra, was quoted by Italian newspaper Il Giornale as saying, “The chances of them making a mistake is very, very remote.”

He also said that both the marines would have been well aware of procedures when their ship was approached by a fast-moving small boat.

In another development, the arrested Italian navy personnel filed a petition before the Kerala high court on Wednesday, seeking to quash the first information report (FIR) registered against them.

First accused Massimilano Latorre, who is chief master sergeant of the San Marco Regiment, second accused Salvatore Girone Sergeant and Italian counsul general Giampaolo Citillio argued that neither had the state police the authority to probe the incident or file cases in courts here, nor had India the jurisdiction, as the incident occurred 'outside the territorial waters' of this country.

“Various Supreme Court of India rulings had made it clear that the jurisdiction of the courts in India was limited to the territory of India. The territorial waters and jurisdiction of India extended to 12 nautical miles from its coastline, but the incident took place 22.5 NM away from the coast, and hence the FIR and other proceedings should be quashed,” it was argued.

“The two navy personnel were performing their official duty and had been deployed by the defence ministry of Italy for the purpose of protection of the vessel from pirate attacks. So, the courts in Italy or the Military Tribunal there could try and prosecute them for the alleged firing incident,” the court was told.

The Italian side submitted that investigation in this respect had already been launched in the Ordinary and Military Prosecution Office, Rome, and the accused were liable to be tried there according to principles of international laws.