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An international arbitration court Monday, 8 July, began hearing into Italy’s request to direct India to drop all criminal prosecution against two Italian marines accused of killing two Indian fishermen off the Kerala coast in 2012 and grant Rome jurisdiction in the case.
Italy's representative to the International Court of Arbitration, Francesco Azzarello, said Rome should have jurisdiction over the case because the two marines, Massimiliano Latorre and Salvatore Girone, were functionaries of the Italian state doing their duty on board an Italian flagged ship in international waters.
Azzarello told the court that India already considers the marines guilty.
In response, India's representative G Balasubramanian told the court that, “Italy maintains it has the exclusive jurisdiction in the case but one must take into account the fact that India and the two fishermen are the victims in this case.”
Balasubramanian said two fishermen aboard an Indian boat were killed by individuals who were on a merchant ship.
The complaint against them was lodged by Freddy, the owner of fishing boat St Antony in which the two Kerala fishermen were killed when the marines opened fire on them allegedly under the misconception of them being pirates.
Currently, the two accused marines are in Italy.
In Italy, Latorre had to undergo a heart surgery after which the top court had granted him extension of his stay in his native country.
On 28 September 2016, the apex court had allowed Latorre to remain in his country till the international arbitral tribunal decided the jurisdictional issue.
On 26 May 2016, Girone was also granted bail and allowed by the Supreme Court to go to his country till the jurisdictional issue was decided.
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