India top court lets marine stay in Italy pending arbitration decision News
India top court lets marine stay in Italy pending arbitration decision

[JURIST] The Supreme Court of India [official website] ruled Wednesday that an Italian marine under investigation for murdering two Indian fishermen may stay in Italy pending a determination of where jurisdiction lies in the matter. Salvatore Girone, another marine involved in the 2012 incident, was allowed by the court to return to Italy [JURIST report] in May under similar circumstances. Massimiliano Latorre, the marine involved in Wednesday’s ruling, returned [NYT report] to Italy in 2014 seeking medical treatment following a stroke. The court has stated that the two marines must await a decision from the Permanent Court of Arbitration [official website], which will determine what court has jurisdiction over an event that technically occurred in international waters. Though tensions have grown between Italy and India over the ongoing matter, the Italian foreign ministry praised the court’s recent decision.

The “Enrica Lexie Incident” took place in 2012 when two Italian marines, Girone and Latorre, shot and killed two Indian fishermen [DNA India report], Ajesh Binki and Valentine, believing them to be pirates. The killing sparked international controversy and also created questions regarding jurisdiction. Last year the International Tribunal for the Law of the Sea ordered India [order, PDF] to suspend the trial [JURIST report] of the two Italian marines. In July of last year the India Supreme Court heard [Reuters report] a plea from Italy challenging India’s jurisdiction. In 2012 Rome compensated the victims’ families with $190,000, and the families dropped their cases against the marines, but the state did not follow suit.