A court in Rome dismissed the murder case against two Italian marines who had killed two fishermen in Kerala in 2012. The case was already dropped by the Supreme Court of India in June 2021.
A court in Rome on Monday dismissed the murder case against two Italian marines who had killed two fishermen in Kerala in 2012. The judge dismissed the case following an assessment by prosecutors last month that there was not enough evidence for a trial.
Italian defence minister Lorenzo Guerini welcomed the decision as a “positive outcome”.
“This brings to an end a years-long event during which the defence ministry has never left the two marines and their families on their own,” Guerini said as per a report by Agence France-Presse (AFP).
This development comes seven months after the Indian Supreme Court ordered closure of criminal proceedings against the Italian marines.
Let’s take a closer look at this case and how it unfolded over the past ten years:
What is the case
– On 15 February, 2012, two Indian fishermen, Jelestine and Ajeesh Pinku, were gunned down by two Italian marines on board oil tanker Enrica Lexie. The Indian fishermen were returning from a fishing expedition near Lakshadweep islands onboard vessel St Antony.
– The officials of Enrica Lexie claimed they thought the fishermen were pirates.
– Freddie Louis, the captain of St Antony said that they were returning from a fishing expedition in the Laccadive Sea when men on board Enrica Lexie started firing at them without provocation for approximately two minutes.
– On 17 February, 2012, the Italian oil tanker was brought to Kochi and the Indian Navy claimed that the Italian crew had flouted counter-piracy measures. The two marines – Salvatore Girone and Massimiliano Latorre – were then detained.
– On 19 February, 2012, the Kerala Police then registered an FIR against the marines for murder and arrested them.
What followed the “double murder at sea”
– The Italian government moved Kerala High Court on 22 February, 2012 to quash the FIR claiming that Indian courts have no jurisdiction to register a crime under the principles of international laws and conventions.
– On 12 April, 2012, the families of the two fishermen told the Kerala High Court that they had reached a settlement of Rs 1 crore as compensation with the representatives of the Italian government.
– On 30 April, 2012, the Supreme Court called the settlement “illegal and astonishing” and said that the Italian government was playing with Indian law.
– On 18 May, 2012, the Neendakara Coastal Police filed a chargesheet that named Lattore as the first accused and Girone as the second accused.
– In February 2013, the two marines were allowed to return to Italy to vote in elections on temporary leave. The marines were told to return in four weeks.
– In March 2013, Italy refused to send marines back to India arguing that the case was the subject of international maritime law. Italian authorities said that they wanted Italian nationals to be tried in Italy.
– The two marines were returned to India on 22 March, 2013 after the Supreme Court refrained then-Ambassador Daniele Mancini from leaving the country without its permission.
– On 26 March, 2013, Italian foreign minister Giulio Terzi resigned. As per a Reuters report, Terzi said he was stepping down to protect the “honour of the country, of the armed forces, and Italian diplomacy”, during testimony to the lower house of parliament, drawing loud applause from lawmakers.
– On 4 April, 2013, the National Investigation Agency (NIA) filed murder charges against the two fishermen. Then Union home secretary RK Singh said that the NIA will not press for death sentence for the marines as per the assurance given by India to Italy even if they are convicted of murder.
– In January 2014, NIA also booked them under the Suppression of Unlawful Acts Against Safety of Maritime Navigation and Fixed Platforms on Continental Shelf Act, 2002. Under this Act, offence of murder is punishable with death sentence. The Italian government contested the applicability of SUA.
– On 7 February, 2014, India dropped the death penalty clause against the two marines as global leaders started speaking about the case.
– On 7 March, 2014, India withdrew the SUA charges against the marine. The move came after the Attorney General assured the Supreme Court that SUA will not be applied in the case against the two marines.
– Latorre, who suffered a brain stroke on 31 August, 2014, was allowed by the apex court in September 2014 to go to Italy for four months. Later, extensions were granted to him.
– In July 2015, Italy asked the International Tribunal for the Law of the Sea (ITLOS) to order that India put on hold its case against the two Italian marines.
– In August 2015, ITLOS put a status quo on the case and asked India and Italy to suspend all court proceedings and refrain from initiating new ones that might aggravate or extend the dispute that triggered a diplomatic row.
– Soon after the Supreme Court suspended all proceedings against the marines.
– In May 2020, the Permanent Court of Arbitration in Hague ruled that the two marines will not be tried in India, and face criminal proceedings in Italy. In July it also asked India and Italy to consult on the amount of compensation due.
– The Centre told the Supreme Court that it had decided to accept the tribunal’s ruling in the case and sought disposal of the proceedings pending before the court in view of the tribunal’s ruling.
– On 16 June, 2021, the Supreme Court closed the case against the two marines after Rs 10 crore in compensation was paid by Italy to the heirs of the deceased and the boat owner.
– The apex court directed that the amount of Rs 10 crore be transferred to the Kerala High Court. Out of the total sum, Rs 4 crore be paid to the heirs of each deceased and Rs 2 crore be paid to the owner of the boat.
– The Supreme Court also said that as per the international arbitral award accepted by India, Italy shall resume further investigation in the case against the marines.