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Italy appeals for release of marine held in India Italy, India spar over marine suspected of slaying fishermen
(about 7 hours later)
THE HAGUE, Netherlands — Italy asked an international arbitration panel Wednesday to order India to free a marine who has been detained since 2012 because of his alleged involvement in the shooting deaths of two fishermen during an anti-piracy operation. THE HAGUE, Netherlands — Italy asked an international panel Wednesday to order India to free a marine who is suspected of shooting to death two Indian fishermen during an anti-piracy operation gone wrong.
Italy’s ambassador to the Netherlands, Francesco Azzarello, told the Permanent Court of Arbitration that Sgt. Salvatore Girone should be allowed to return home immediately, saying “he is obliged to live thousands of kilometers away from his country and family, with two children still at a tender age.” In a rare public hearing at the Permanent Court of Arbitration, the two nations sparred over whether Sgt. Salvatore Girone must remain in India to face murder charges over the 2012 shooting or be permitted to return to Italy to face unspecified charges there.
Girone and Massimiliano Latorre were assigned to anti-piracy duty to protect an Italian oil tanker, the Enrica Lexie, off India’s coast at the time of the shooting. Italy, which argues that the shooting happened in international waters, appealed to have the marine returned home. Indian officials urged the five-judge Hague panel to reject Italy’s request.
The men were detained and had to stay in India without formal charges. Latorre has since been allowed home after suffering a stroke, but Girone remains in India, free on bail but obliged to remain in Delhi and report regularly to Indian police, Azzarello told the arbitration panel. “The victims were Indian nationals killed on board an Indian fishing vessel,” Indian representative Neeru Chadha said.
Italy argues the shooting occurred in international waters, that the fishermen were mistaken for pirates, and that the case should be heard in an Italian court. New Delhi insists it has jurisdiction and wants to charge both marines with murder. Girone has been ordered to remain in New Delhi since 2012, although he is free on bail, while his case remains in legal limbo. The Hague panel is expected to take months to reach a decision.
The U.N.-mandated International Tribunal for the Law of the Sea, based in Hamburg, Germany, last year ordered India to put on hold legal proceedings against the two marines until the Hague-based arbitration panel has ruled in the dispute. Italy’s ambassador to the Netherlands, Francesco Azzarello, told the panel that Girone should be allowed to return home immediately to see his wife and children aged 14 and 8.
Azzarello said that if Sgt. Girone is allowed to return home, Italy would abide by any order issued by the arbitration panel that he be returned to India. He argued that the marine is effectively being used as collateral in the dispute. Four years ago Girone and another marine, Massimiliano Latorre, were assigned to anti-piracy duty to protect an Italian oil tanker, the Enrica Lexie, off India’s coast. Italy says the marines opened fire on a fishing boat on Feb. 15, 2012, fearing it was a pirate vessel approaching the tanker at speed. Two Indian fishermen on board were killed instantly.
Latorre was initially ordered to remain in India but was allowed home on compassionate grounds in September 2015 after he suffered a stroke. He could face Indian demands to return to face a murder charge.
Indian representatives sought to make light of Girone’s bail conditions, saying he was staying in the Italian ambassador’s residence in Delhi, enjoyed free movement in the city and was required to report to a police station only once a week.
Wednesday’s hearing follows an inconclusive Italian appeal last year to the U.N.-mandated International Tribunal for the Law of the Sea in Hamburg, Germany. That panel ordered India to put on hold its criminal proceedings against the two marines until the Hague-based arbitration panel could decide whether Italy or India should handle the men’s case.
Azzarello said that if India permitted Girone to return home on compassionate grounds, Italy would abide by any order issued by the arbitration panel for him to be returned to India. Azzarello argued that the marine was effectively being used as collateral in the dispute.
“A human being cannot be used as a guarantee for the conduct of a state,” he said.“A human being cannot be used as a guarantee for the conduct of a state,” he said.
Copyright 2016 The Associated Press. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.Copyright 2016 The Associated Press. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.