Report Wire

Tag: Massimiliano Latorre

  • Timeline: Italian marines case — from 2012 fishermen killings to SC quashing prison instances

    The Supreme Court Monday directed the closure of prison proceedings in India towards two Italian marines, accused of killing two fishermen off the Kerala coast in February 2012.
    A trip bench of Justices Indira Banerjee and M R Shah quashed the FIR and proceedings emanating from the case towards the 2 Italian marines Massimilano Latorre and Salvatore Girone. The bench stated that as per the worldwide arbitral award accepted by India, the Republic of Italy shall resume additional investigation within the case. The prime court docket termed the Rs 10 crore compensation paid by the Republic of Italy over and above the fee already made as “reasonable and adequate”.
    Here’s a timeline of what occurred over the past 9 years:
    February 15, 2012: Two fishermen – Jelestine and Ajeesh Pinku – who had gone deep sea fishing from the Neendakara Fishing Harbour, had been shot useless within the seas off the Ambalapuzha coast in Kerala. The incident reportedly came about in worldwide waters. The ship from which the fishermen had been fired upon was recognized because the Enrica Lexie, officers of which claimed they thought the fishermen had been pirates.
    February 17, 2012: The Italian oil tanker is delivered to Kochi after the Indian Navy alleged the Italian crew flouted counter-piracy measures, which consequently resulted within the ship’s armed guards, Italian army personnel, gunning down two Indian fishermen.
    February 19, 2012: Kerala Police arrest the 2 Italian marines — Latorre Massimiliano and Salvatore Girone — who allegedly shot on the fishermen.
    February 22, 2012: The Italian authorities strikes Kerala High Court to quash the FIR towards the 2 marines stating that below the ideas of worldwide regulation and conventions, together with the United Nations Convention on the Law of the Sea, Indian courts don’t have any jurisdiction to register a criminal offense in reference to the incident.
    April 20, 2012: The authorized heirs of the 2 deceased fishermen inform the Kerala High Court {that a} settlement for paying a compensation of Rs 1 crore to every bereaved household has been reached between the Italian authorities representatives and them.
    April 30, 2012: The Supreme Court, nevertheless, calls the settlement “illegal and astonishing” and says that Italy was “playing” with Indian regulation.
    May 18, 2021: A chargesheet is filed by the Neendakara Coastal Police exhibiting Lattore as the primary accused and Girone because the second accused.
    May 20, 2012: Italy recollects its Ambassador to India to precise unhappiness over the chargesheet being filed towards the marines.
    June 2, 2012: After 105 days in custody, the 2 Italian marines are lastly launched on bail to attend Christmas celebrations again house. They return after the celebrations are over.

    February 22, 2013: The Supreme Court permits the marines to go to their nation to vote within the February 24 and 25 elections.
    March 11, 2013: Italy says marines received’t return to India. Following this, the Supreme Court restrains the-then Ambassador Daniele Mancini from leaving the nation with out its permission.
    July 26, 2015: Italy strikes the International Tribunal for the Law of the Sea.
    August 24, 2015: The International Tribunal for the Law of the Sea places a established order on the case and asks each, India and Italy, to droop all court docket proceedings and chorus from initiating new ones that may irritate or lengthen the dispute that triggered a diplomatic row.
    August 26, 2015: Supreme Court suspends proceedings towards marines.

    July 3, 2020: The Permanent Court of Arbitration in Hague guidelines that the 2 marines won’t be tried in India, and face prison proceedings in Italy. It additional stated New Delhi was entitled to compensation and requested India and Italy to seek the advice of on the quantity of compensation due.
    April 9, 2021: The Supreme Court of India asks the Centre to deposit in its account the Rs 10 crore compensation given by the Italian authorities for the kin of the fishermen killed by Italian marines off the coast of Kerala in 2012. While the relations of the 2 deceased fishermen will probably be given Rs 4 crore every, the injured proprietor of the boat will probably be paid Rs 2 crore in damages, the Centre stated.
    June 15, 2021: The Supreme Court orders the closure of proceedings in India towards two Italian marines, accused of killing two fishermen off the Kerala coast in February 2012.

  • Timeline: Italian marines case — from the 2012 fishermen killings to Rs 10 cr compensation in 2021

    The Centre Friday knowledgeable the Supreme Court that the Italian authorities has agreed to pay a compensation of Rs 10 crore to the kin of the fishermen killed by marines off the Kerala coast in 2012. While the members of the family of the 2 deceased fishermen might be given Rs 4 crore every, the injured proprietor of the boat might be paid Rs 2 crore in damages, the Centre stated.
    Here’s a timeline of what occurred during the last 9 years:
    February 15, 2012: Two fishermen – Jelestine and Ajeesh Pinku – who had gone deep sea fishing from the Neendakara Fishing Harbour, have been shot lifeless within the seas off the Ambalapuzha coast in Kerala. The incident reportedly came about in worldwide waters. The ship from which the fishermen have been fired upon was recognized because the Enrica Lexie, officers of which claimed they thought the fishermen have been pirates.
    February 17, 2012: The Italian oil tanker is delivered to Kochi after the Indian Navy alleged the Italian crew flouted counter-piracy measures, which consequently resulted within the ship’s armed guards, Italian army personnel, gunning down two Indian fishermen.
    February 19, 2012: Kerala Police arrest the 2 Italian marines — Latorre Massimiliano and Salvatore Girone — who allegedly shot on the fishermen.
    February 22, 2012: The Italian authorities strikes Kerala High Court to quash the FIR towards the 2 marines stating that underneath the rules of worldwide legislation and conventions, together with the United Nations Convention on the Law of the Sea, Indian courts don’t have any jurisdiction to register against the law in reference to the incident.
    April 20, 2012: The authorized heirs of the 2 deceased fishermen inform the Kerala High Court {that a} settlement for paying a compensation of Rs 1 crore to every bereaved household has been reached between the Italian authorities representatives and them.
    April 30, 2012: The Supreme Court, nonetheless, calls the settlement “illegal and astonishing” and says that Italy was “playing” with Indian legislation.
    May 18, 2021: A chargesheet is filed by the Neendakara Coastal Police displaying Lattore as the primary accused and Girone because the second accused.
    May 20, 2012: Italy recollects its Ambassador to India to precise unhappiness over the chargesheet being filed towards the marines.
    June 2, 2012: After 105 days in custody, the 2 Italian marines are lastly launched on bail to attend Christmas celebrations again dwelling. They return after the celebrations are over.

    February 22, 2013: The Supreme Court permits the marines to go to their nation to vote within the February 24 and 25 elections.
    March 11, 2013: Italy says marines gained’t return to India. Following this, the Supreme Court restrains the-then Ambassador Daniele Mancini from leaving the nation with out its permission.
    July 26, 2015: Italy strikes the International Tribunal for the Law of the Sea.
    August 24, 2015: The International Tribunal for the Law of the Sea places a established order on the case and asks each, India and Italy, to droop all courtroom proceedings and chorus from initiating new ones that may irritate or prolong the dispute that triggered a diplomatic row.
    August 26, 2015: Supreme Court suspends proceedings towards marines.

    July 3, 2020: The Permanent Court of Arbitration in Hague guidelines that the 2 marines won’t be tried in India, and face felony proceedings in Italy. It additional stated New Delhi was entitled to compensation and requested India and Italy to seek the advice of on the quantity of compensation due.
    April 9, 2021: The Supreme Court of India asks the Centre to deposit in its account the Rs 10 crore compensation given by the Italian authorities for the kin of the fishermen killed by Italian marines off the coast of Kerala in 2012. While the members of the family of the 2 deceased fishermen might be given Rs 4 crore every, the injured proprietor of the boat might be paid Rs 2 crore in damages, the Centre stated.

  • Italy pays Rs 10 crore as compensation to kin of fishermen killed by marines: Centre to SC

    The Centre on Friday knowledgeable the Supreme Court that the Italian authorities has agreed to pay Rs 10 crore as compensation to the kin of the fishermen killed by Italian marines off the coast of Kerala in 2012.
    While the relations of the 2 deceased fishermen can be given Rs 4 crore every, the injured proprietor of the boat can be paid Rs 2 crore in damages, the Centre stated.
    The Supreme Court will at present hear the federal government’s plea to shut felony proceedings pending in India towards the 2 Italian marines accused of killing the 2 fishermen.
    Seeking an pressing listening to of its software, Solicitor General Tushar Mehta, showing for the Centre, instructed a bench headed by Chief Justice of India S A Bobde and comprising Justices A S Bopanna and V Ramasubramaian that the victims’ households have been paid compensation.

    Initially, the court docket stated it will hear the matter subsequent week, however the SG sought an earlier date saying “there is some urgency since it is between the Indian and Italian government”.
    In July 2020, the federal government had instructed the highest court docket that it had determined to just accept the International Arbitral Tribunal’s May 21, 2020 ruling within the case and sought disposal of the proceedings pending earlier than the court docket in view of the tribunal’s ruling.
    The tribunal, whereas stating that India is entitled to compensation for the lack of lives, dominated that the Italian marines couldn’t be tried in India in view of the immunity loved by them.
    Kerala Police had instituted a case towards the marines Massimiliano Latorre and Salvatore Girone, who had been posted on Enrica Lexie, charging them with capturing and killing two Indian fishermen on board their fishing vessel St Antony. The marines had apparently mistaken the fishermen for pirates.

    The duo then filed a petition within the Kerala High Court, difficult the state’s jurisdiction to analyze the matter.
    The High Court had dismissed their plea, following which they’d moved the Supreme Court.

  • SC to listen to on Friday Centre’s plea to shut circumstances in opposition to Italian marines who killed Indian fishermen

    The Supreme Court on Wednesday agreed to listen to on April 9 the Centre’s plea in search of closure of circumstances in opposition to two Italian marines accused of killing two Indian fishermen off the Kerala coast in February 2012.
    The Centre informed the highest courtroom that it has contacted the victims’ members of the family and due compensation has been paid to them.
    A bench of Chief Justice Bobde and Justices AS Bopanna and V Ramasubramanian was knowledgeable by Solicitor General Tushar Mehta, who talked about the matter for pressing itemizing, that on final event the courtroom had requested the Centre to contact the sufferer’s household.
    “They were contacted. They have been paid the due compensation. They are here also,” Mehta mentioned.
    The bench then mentioned that it’s going to take up the matter for additional listening to in subsequent week.
    Mehta requested the bench to take up the matter for listening to on Friday saying “there is some urgency since it is between the Indian and Italian government”.
    The bench then mentioned “ok” and agreed to listen to the plea on Friday.
    On August 7 final 12 months, the highest courtroom had made it clear to the Centre that it could not cross any order on the plea in search of closure of circumstances in opposition to two Italian marines, accused of killing two Indian fishermen, with out listening to the victims’ households, who must be given sufficient compensation.
    It had requested the Centre to make the victims’ members of the family as events to its plea in search of closure of Italian Marines case.
    The Centre had informed the highest courtroom that Italy has assured the Indian authorities that it could prosecute the Marines there as per legislation and that most compensation will likely be ensured to the victims’ members of the family.
    The apex courtroom had mentioned it appreciates the steps taken by Italy to prosecute these marines however the courtroom was involved with the sufficient compensation to victims’ kin.
    While referring to the case in opposition to the marines pending earlier than the particular courtroom, the highest courtroom had mentioned that with out making use of for withdrawal of prosecution of case how the Centre can method it and search closure of the matter.
    The Centre had referred to the final 12 months’s ruling of the Permanent Court of Arbitration (PCA) at Hague which held that India was entitled to get compensation within the case however can’t prosecute the marines as a result of official immunity loved by them.
    On July 3 final 12 months, the Centre had moved the highest courtroom in search of closure of judicial proceedings right here in opposition to the Italian marines.
    In February 2012, India had accused two Italian marines, Salvatore Girone and Massimiliano Latorre, on board the MV Enrica Lexie — an Italian flagged oil tanker — of killing two Indian fishermen who had been on a fishing vessel in India’s Exclusive Economic Zone (EEZ).
    The Centre had mentioned the arbitration below United Nation Convention on the Law of Sea (UNCLOS), which was instituted on a request from Italy, has delivered its Award on May 21, 2020.
    It mentioned the Tribunal upheld the conduct of Indian authorities with respect to the incident and highlighted the fabric and ethical hurt suffered by the Indian fishermen on board the St. Antony on February 15, 2012.
    “It held that the actions of the Italian Marines breached India’s freedom and right of navigation under UNCLOS Article 87(1)(a) and 90,” the appliance had mentioned, including, that the Tribunal had noticed that, in precept, India and Italy had concurrent jurisdiction over the incident and a sound authorized foundation to institute felony proceedings in opposition to the Marines.
    It mentioned the Tribunal took observe of the dedication expressed by Italy to renew its felony investigation into the occasions of February 15, 2012 and determined that India should take mandatory steps to stop to train its felony jurisdiction over the marines.
    Latorre, who had suffered a mind stroke on August 31, 2014, was first granted bail and allowed by the apex courtroom on September 12, 2014 to go to Italy for 4 months and after that, extensions for his keep have been granted to him.
    In Italy, Latorre needed to bear a coronary heart surgical procedure after which the highest courtroom had granted him extension of his keep in his native nation.
    On September 28, 2016, the apex courtroom had allowed Latorre to stay in his nation until the worldwide arbitral tribunal determined the jurisdictional subject.
    On May 26, 2016, Girone was additionally granted bail with situations and allowed by the highest courtroom to go to his nation until the jurisdictional subject was determined.
    The grievance in opposition to the marines was lodged by Freddy, the proprietor of fishing boat ‘St Antony’ wherein two Kerala fishermen had been killed when marines opened fireplace on them allegedly below false impression that they had been pirates.