ramanan50

Italy Returns Marines Only Power Talks

In India on March 22, 2013 at 19:14

Now Italy has agreed to return the marines involved in the killing of Fishermen in Kerala, India.

earlier Italy refused to return the marines who had gone to Italy from Indian Custody after an undertaking by the Italian Ambassador  to The Supreme Court of India that they would be returned  to India.

When Italy reneged on its commitment, India made a smart move in moving the Supreme court which blocked the Italian ambassador Mancini from leaving India and a blazing row ensued between India and Italy.

India’s firm stand against EUs quoting Vienna conventions India refused to buckle.

This has paid off.

Obviously Power usually works!

Wish India does it with Pakistan and Sri Lanka s well.

Story:

Italian Marines involved in the Murder of Indian Fishermen,

Italian Marines involved in the Murder of Indian Fishermen,

NEW DELHI—Bowing to pressure from New Delhi, Rome announced two Italian marines will return to India to stand trial on murder charges, a move that is likely to end a diplomatic impasse between the two countries.

Following discussions with Indian officials, the government of Prime Minister Mario Monti said that the two men—Massimiliano Latorre and Salvatore Girone—will be returning to India on Friday.

“Indian authorities have given us a written assurance that the marines will be treated well, and that their rights will be respected,” the Italian government said in a statement on Thursday night.

Rome was previously worried that the two men risked the death penalty in India, a form of punishment that is banned in Italy.

Foreign Minister Salman Khurshid, in a statement to Parliament Friday, said his government informed Italian officials that capital punishment is not applicable in this case.

The men are accused of fatally shooting two Indian fishermen off the coast of southern India last year. They deny they committed murder.

They were detained by local police, sparking a disagreement between Italy and India over where they should be tried.

India’s Supreme Court in January ordered its own courts have jurisdiction and said the criminal case will be handled in a special court in Delhi.

Italy contended the men should be tried in Italy as the incident occurred in international waters.

A month later, the court agreed to a request from Italian Ambassador Daniele Mancini, on behalf of his government, to allow the two men to travel to Italy for a four-week period to vote.

Last week, Italy announced the naval officers would not be returning to India as planned, a decision that led to an escalating diplomatic crisis.

http://online.wsj.com/article/SB10001424127887324103504578375721264728796.html

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  1. two doubts: i. can guarantee from ambassador, who is a protected person, be taken; ii. can india give assurance that the accused will not be subjected to capital punishment!!

    Like

    • 1.No.Legally speaking the Guarantee of Foreigner can not be taken for a Capital offense.
      Even for a local accused you get bail amount fixed.
      getting guarantee from a diplomat is non sense.
      Surprising that supreme Court has done this.
      now people can quote this as a precedent and this is a legal aberration.
      2.The Government, that is the executive can not guarantee any assurances for matters subj judice issues.
      At best after the punishment or verdict is pronounced,clemency may be considered by the President which again is unlikely in this case..

      Like

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