Supreme Court ends the "Italian Marines Case"

The story: The Indian Supreme Court finally ordered the closure of proceedings in India against two Italian marines, accused of killing two fishermen

Supreme Court ends the "Italian Marines Case"

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• The story: The Indian Supreme Court finally ordered the closure of proceedings in India against two Italian marines, accused of killing two fishermen off the Kerala coast in February 2012. The controversial case became politically charged early on, when opposition parties (BJP) accused the INC of going soft on the marines.
• Case details: On February 15, 2012, Indian fishermen were returning from a fishing expedition near Lakshadweep islands onboard fishing vessel "St Antony" but were gunned down by two Italian marines on board oil tanker "Enrica Lexie". The incident occurred around 20 nautical miles off the coast of Kerala, and after the incident, the Indian Coast Guard intercepted Enrica Lexie. They detained the two Italian marines, Salvatore Girone and Massimiliano Latorre, and brought them to local police.
• Legal issues: The challenges were - the legal problems over jurisdiction, the lawfulness of their arrest and the location of their trial, the provisions of law under which they should be tried and legal accountability through a criminal trial.
• PCA's stance: The Permanent Court of Arbitration ruling said that India and Italy had concurrent jurisdiction to try the case. However, it said that the Italian marines enjoyed immunity from Indian jurisdiction, as they were acting on behalf of a state. [Permanent Court of Arbitration - a tribunal under the UN Convention on the Law of the Sea]
• SC's order: The Supreme Court ordered closure after Italy deposited compensation of Rs. 10 crore, and the two marines may face trial in Italy. As far as India is concerned, the monetary compensation may have to be treated as the only available form of closure for the moment. (the legal heirs of the two victims are likely to get Rs. 4 crore each, and the owner of the fishing vessel, Rs. 2 crore.)
• Summary: India did not initially agree to Italy’s offer of compensation and a trial in its own jurisdiction, which was what the UN tribunal’s ruling also said. India’s efforts to assert criminal jurisdiction succeeded in national courts, as in 2013, the SC ruled that prosecuting the marines was solely in the Union government’s jurisdiction. The NIA invoked the Suppression of Unlawful Acts against Safety of Maritime Navigation and Fixed Platforms on Continental Shelf Act, 2002, a stringent anti-piracy law that alarmed Italy (due to the death penalty). 

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