STARRED QUESTION NO.584
TO BE ANSWERED ON 08.05.2013
ITALIAN MARINES CASE
†*584. SHRIMATI SUSHILA SAROJ:
SHRIMATI USHA VERMA:
Will the Minister of EXTERNAL AFFAIRS be pleased to state:
(a) the detailed chronological account of the events in the case involving the killing of the two fishermen by the Italian marines, till date;
(b) whether any formal understanding was reached between the Indian and the Italian Governments regarding the two Italian marines who allegedly killed the Indian fishermen;
(c) if so, the details thereof;
(d) whether Indian citizens charged for various crimes or serving sentences in Italy are being given the same treatment by that country; and
(e) if so, the details thereof and if not, the reasons therefor?
THE MINISTER OF EXTERNAL AFFAIRS
(SHRI SALMAN KHURSHID)
(a) to (e) A statement is laid on the Table of the House.
STATEMENT REFERRED TO IN REPLY TO PARTS (a) TO (e) OF THE LOK SABHA STARRED QUESTION NO. 584 REGARDING "ITALIAN MARINES CASE” TO BE ANSWERED ON 08.05.2013
(a) to (e) Two Indian fishermen in the Indian fishing vessel St. Antony were killed on 15 February, 2012 as a result of firing by persons on board the Italian ship M.V. Enrica Lexie. On 19 February 2012 two Italian marines, Massimilano Latorre and Salvatore
Girone, were arrested by Kerala Police in this regard. On 18 May 2012 the Kerala State Police filed charge sheet against them. Their request for bail was granted by Kerala High Court on 30 May 2012 subject to certain conditions which, inter-alia, laid down
restrictions on their movement. On 20 December 2012 the Kerala High Court accepted their plea to relax the bail conditions allowing them to travel to Italy on 22 December 2012 under the constant care, custody, control, supervision and guardianship of the Republic
of Italy. They returned to India on 4 January 2013 within the stipulated time frame. On a Writ petition filed by the Italian Government, the Hon’ble Supreme Court ruled on 18 January 2013, inter alia, that while the State of Kerala has no jurisdiction to investigate
into the incident, the Union of India does have jurisdiction, and the matter will be put before a Special Court to be set up by the Union of India in consultation with the Chief Justice of India. On 22 February 2013, in response to their plea, Hon’ble Supreme
Court permitted the Marines to temporarily travel to Italy for a period of four weeks under the supervision, custody, and control of the Ambassador of Italy to India. On 11 March 2013 Italy informed India that the Marines will not return to India on the expiration
of the permission granted to them. However, on 21 March 2013 the Italian Government informed India that they would return to India within the time frame permitted by the Supreme Court. The Marines returned to India on 22 March 2013 within the deadline laid
by the Hon’ble Supreme Court. On 15 April 2013, in pursuance of the judgment dated 18 January 2013 of the Hon’ble Supreme Court, the Central Government, in consultation with the Hon’ble Supreme Court, has appointed the Chief Metropolitan Magistrate, Patiala
House, New Delhi to deal with the case. It further appointed and designated the Court of Additional Sessions Judge – 01, Patiala House, New Delhi as Special Designate Court to try and dispose of the case. The Hon’ble Supreme Court was informed on 22 April
2013 that the Government of India, in the Ministry of Home Affairs, has appointed the National Investigation Agency created under the National Investigation Agency Act, 2008, to take over the investigation on the basis of FIR No.2 of 2012 dated 29th August,
2012,Coastal PS Neendakara, Kollam.
No formal understanding has been reached between India and Italy regarding the two Italian marines who allegedly killed the Indian fishermen.
Indian citizens charged for various crimes or serving sentences in Italy are being treated as per the law of the land in Italy.