Marine Girone to return to Italy during arbitration

The two Italian Marines involved have been given bail since 2012 by the Supreme Court of India while proceedings were on.

Italy insists the oil tanker, the MV Enrica Lexie, was in global waters at the time of the incident.

Sources in the Indian foreign ministry, however, have said that Italy is misrepresenting the tribunal’s order. “Possible return to Italy strictly conditional on Italy guaranteeing to return him if required”. Incidentally, the tribunal’s order comes amid the assembly elections in Kerala, where the BJP hopes to open account. The government has denied the allegations.

Earlier, the Supreme Court, on April 26, had ruled that Latorre could stay in Italy until September 30 after he had suffered a stroke. India said it remained confident that the issue of jurisdiction would be decided in its favour.

“(The) tribunal order affirms Supreme Court of India’s authority”, a source said, adding that the order has asked India and Italy to approach “the Supreme Court for relaxation of bail conditions for Girone”.

Italy and India put out contrasting interpretations of the order sent to the two governments by the Permanent Court of Arbitration today, with Rome claiming victory and Indian officials highlighting the tribunal’s emphasis on the Supreme Court’s role. This could include him reporting to an authority in Italy designated by the court or surrendering his passport to Italian authorities.

“Happy for Salvatore Girone’s return, I confirm our friendship with and desire to collaborate with India”, Renzi wrote on Twitter.

The case has soured relations between India and Italy, and also overshadowed Delhi’s efforts to improve its ties with the European Union as other EU countries backed Rome in the row.

The Tribunal is adjudicating the limited question of whether India or Italy has the jurisdiction to try the two marines for the killing of two Indian fishermen.

Italy initiated worldwide arbitration proceedings in the case past year, referring the row to the Permanent Court of Arbitration (PCA) in The Hague and asking it to rule on where the men should be tried.

The Indian boat was at a distance of about 20.5 nautical miles from the coast off Kerala. Italy says the marines, who were escorting an oil tanker, mistook the fishermen for pirates. The authority of the Supreme Court has been upheld. The two marines moved the SC, seeking a declaration that all actions by Indian authorities were illegal. This case, which began in 2012, has been contested in various courts. In 2013, the SC granted permission for Latorre to proceed to Italy for medical treatment.

For several months now, the two countries have engaged in stop-start negotiations, all away from the public gaze, to reset their relationship. The Arbitral Tribunal that was established was requested by Italy to prescribe provisional measures for the duration of the arbitration which is expected to conclude in 2018.