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Roundup: Italian marine not to return to India until end of int'l arbitration

Xinhua, January 14, 2016 Adjust font size:

Massimiliano Latorre, one of two Italian marines accused of murdering two Indian fishermen in 2012, would not return to India until the end of an international arbitration in the case, Italy's Foreign Ministry said on Wednesday.

The ministerial statement came shortly after India's Supreme Court had allowed the marine to stay in Italy until April 30.

"The (Italian) government confirms to acknowledge the order issued by the International Tribunal for the Sea on August 24, 2015, which stated that India and Italy should suspend all internal judicial proceedings (while the international arbitration is pending)," the Foreign Ministry said.

"On the basis of that order, the government believes any decision by the Indian Supreme Court concerning rifleman Latorre is precluded and, therefore, he can remain in Italy throughout the international arbitration procedure," it added.

Latorre was allowed to return to Italy in September 2014 for medical treatments after a stroke. Indian authorities later extended his leave, but the marine was expected to return to India on Jan.15.

The second marine, Salvatore Girone, is still being held in the Italian Embassy in New Delhi.

Both soldiers were part of an international anti-piracy mission protecting an Italian oil cargo off the Indian coasts. They were arrested in February 2012 on suspicion of murder for opening fire on a fishing boat approaching the cargo. They were later freed on bail pending trial.

Two Indian fishermen were killed in the shooting.

The marines alleged they had mistaken the boat for a pirate vessel, and admitted firing warning shots.

The case triggered a bitter dispute between the two countries. Italy argued the incident took place in international waters, and said an Italian court should try the men.

India insisted it has jurisdiction over the case. It firstly invoked the domestic anti-terrorism and anti-piracy law to prosecute the men, yet ruling out the death penalty.

Italy took the case to international arbitration before the UN-backed Tribunal for the Law of the Sea in June 2015.

Now, Rome would be exploring the chances also for the second marine to be able to return home and stay during the whole arbitration, according to another statement by the Foreign Ministry.

"On December 12, 2015, Italy presented a request... asking the recently formed Arbitration Tribunal to authorize Marine Sergeant Girone to return to Italy and to remain there throughout the duration of the proceedings," the statement read.

A peak of tension in the dispute between Rome and New Delhi was reached in 2013, when Italy refused to send the marines back to India after they had been allowed four weeks to go home and vote in national elections in February.

The two soldiers finally returned to New Delhi in March 2013. Endit