Italian media reports claimed that Italy may pursue India in the International Court of Justice. "[16] On 30 March 2013, Indian Foreign minister Salman Khurshid rejected claims of subterfuge as unsubstantiated. "'[112][113] For the Italian argument, these proposed measures were required to retain the status quo pending the Annex 7 hearings. On February 15, 2012, when the fishing boat 'St. Antony' set sail from Neendakara harbor in Kollam district in Kerala, little did the fishermen aboard it anticipate the danger which . It was added that before the establishment of the UNCLOS Convention, the laws for the seas were governed by different Acts that included the Maritime Zones Act, 1976. Although unlike the other zones discussed above, the coastal country has no right to stop or restrict the movement of foreign ships. There were two Italian men on board an Italian oil tanker ship called the Enrica Lexie. [26], In January 2014, India decided to prosecute the Italian marines under the Convention for the Suppression of Unlawful Acts Against the Safety of Maritime Navigation (SUA). Introduction 2 2. [3] In the same month, one of the two marines, Massimiliano Latorre, underwent heart surgery in Italy, after he was allowed to repatriate for medical reasons. Dispute Concerning Coastal State Rights in the Black Sea, Sea of Azov, and Kerch Strait (Ukraine v. the Russian Federation), PCA Case No. MV Enrica Lexie was travelling from Singapore to Egypt with a crew of 34 including 19 Indians and accompanied by six Italian Navy marines. The case (See here) was in the form of a writ petition which involved three petitioners-. The case Enrica Lexie Case is related to a cardinal question that is based on the exclusive jurisdiction which is both prescriptive and enforcement jurisdiction in India as well in the case of Italy. This vessel was engaged in commercial activities and was not related to any duty given by the Republic of Italy. The Supreme Court then asked both the parties to sort out this issue of the SUA charges. ; Italy, since the beginning, has been trying for domestic trails of the marines in Italy. 24: "Enrica Lexie" Incident (Italy v. India), Provisional Measures 125 121 2 TABLE DES MATIÈRES Upon questioning, they confirmed that it was the ship that was involved in the firing and hence they were asked by the Indian Coast Guard to return to the Indian Coast for investigation of the killing as is necessary by the standard procedure. The 15 February 2012 Incident 9 III. MA Dissertation - The 'Enrica Lexie' Incident case A legal analysis of a dispute awaiting arbitration 1. Enrica Lexie Case. Should the Italian Marines be tried for Murder of the two fishermen under the jurisdiction of the Indian courts according to IPC? The application for provisional measures was very strongly opposed by the Indian Government. Mogherini told the European Parliament in January 2015 that "it's good for everyone to be fully aware of how much of an impact the unresolved dispute of the two Italian Navy officials can have on relations between the EU and India. On February 15, 2012, two of those marines shot and killed two Indian fisherman on board a fishing boat, the Saint Antony. India responded by summoning the Italian ambassador to Delhi for negotiations. It is putting them to the test". So, it includes the 12 nautical miles of territorial sea but has an extra coverage of 12 nautical miles after the territorial sea, before the high seas. Many provisions of the United Nations Convention on the Law of the Sea (, Note for the readers- All the sections of the UNCLOS Act that have been mentioned in the Article have been defined, but for the readers may refer to the Section, ) was in the form of a writ petition which involved three petitioners-. Cases | PCA-CPA. Dismiss all the submissions made by Italy. The Supreme Court of India firstly, set aside the Kerala High Court judgement saying that it did not have any jurisdiction to deal with the issues of the Italian marines even regarding the investigation of the incident. Anders Fogh Rasmussen responded in his personal capacity that : "I am, personally, very concerned about the situation of the two Italian sailors. However, the Supreme Court found that the State of Kerala did not have jurisdiction beyond the 12 nautical mile limit and that a special federal court be established to try the marines. Additionally, they also failed to report the incident to the International Maritime Bureau, which is a breach of mandatory procedure. [44] In March 2012, Italian prosecutors opened an investigation into potential criminal negligence by the marines. Although the decision regarding the compensation is final, there is still a judgement left regarding the penalty for the Italian marines by their local jurisdiction. [69][70] This finding meant that under Indian law India's contiguous zone could be treated as part of India's territorial sea, effectively granting India a territorial sea of 24 nautical miles despite it only being entitled to a 12 nautical mile territorial sea under international law. Enrica Lexie Case: A fishing boat registered in India, while fishing off the coast of Kerala was fired at from a passing Italian ship named Enrica Lexie. Before we move onto the facts and events of the case, a concept that is essential to understand the dispute, in this case, is the different maritime zones of a country. That has sparked a conflict of opinions over legal jurisdiction and functional immunity between the governments of India and Italy and has continued to cause diplomatic tension between the two nations. India requested the tribunal to declare that : Article 56- India’s sovereign rights were violated by Italy’s actions in the seas exceedings its rights by firing. It was prayed that their Indian jurisdiction must apply and the writ petition must be dismissed. Check your mailbox for the joining link. Article 100 also provides for cooperation between the signatories to tackle piracy in the area. The Supreme Court of India on Tuesday, 15 June 2021 passed an order under Article 142 of the Indian Constitution directing the immediate quashing of all criminal cases and open FIR's (FIR 2/2012) with respect to the Italian Mariners shooting case known as the "Enrica Lexie case" (Massimiliano Latorre & Ors. 2015- 28, which was instituted in June 2015 and is still pending; 13. The jurisdiction over the event is contested by Italy and India with Italy seeking provisional orders from the International Tribunal for the Law of the Sea compelling India to cease prosecutions and release the Italian marines held in custody until such time as the UNCLOS Arbitral Tribunal can determine which nation can exercise jurisdiction. 31. [59][60] This was later objected to by the Supreme Court of India on 30 April 2013 which stated that it was "a challenge to the Indian judicial system, this is impermissible [and was] most unfortunate". [45][46][47] On 10 May 2012, the four other members of the VPD team reportedly told prosecutors that they did not witness the shooting. [101] Stalled EU-India FTA has prevented Italy from gaining political leverage through trade negotiations. 4542 of 2012 – Massimiliano Latorre Vs. Union of India, (2012) 252 KLR 794", "DG Shipping Press Release on firing by Italian Ship on Indian fishermen", "Sophisticated weather surveillance system to girdle state coast soon", "Terzi: "Massimo impegno per i Marò" (L'Eco di Bergamo)", "Courts may not accept India's word to Italy on marines, Khurshid says", "Fishermen killing: Two Italian marines taken into custody", "An online war room that called the shots", "Killing of fishermen: Murder case registered against armed guards of Italian ship", "Fishermen killing: Kerala Police form special team to probe mid-sea murder", "Italian foreign minister resigns over marines' return to India", "NIA books Italian marines for Kerela fishermens murder", "Italian marines case: India to honour assurance given to Italy", "L'inchiesta indiana: i Marò spararono senza preavviso (Italian)", "Bullets in bodies were from the guns of other soldiers on-board Enrica Lexie First Corporal Andronico Massino and Sergeant Vogilano Renato Voglino", "Top Indian court to rule on charges Italian marines should face", "India to seek terrorism charge against Italian marines – Italy may appeal to United Nations, says foreign minister", "Italy scorns Indian decision to try marines with anti-piracy law", "Italy warns India of European response to marines trial", "MHA withdraws sanction to NIA to prosecute marines under SUA", "India drops death penalty clause as Europe bats for Italian marines", "Italian marine's leave extended again by India court", "ATTO CAMERA INTERROGAZIONE A RISPOSTA SCRITTA 4/15000", "Pescatori indiani: Icc conferma attacco a nave greca", "Italian Marines: Rome frowns Delhi down", "Murder trial of Italian marines in India navigates murky waters", "Marò, l'ex vicecapitano Enrica Lexie: "Peschereccio era un altro, "MARO' – Il comandante in seconda: "Non sono stati i marò a colpire i pescatori, "Did captain Vitelli fuel piracy paranoia on board Enrica Lexie ? As a result, Italy will resume its criminal investigation into the 'Enrica Lexie' case, while India "is required" to cease exercising its jurisdiction on the marines. 4. Two Italian marines onboard fired what Italy contends were warning shots at the ship. The position is the same and in both reports it is indicated that they were at 20, 5 NM off the coast of Allepey. There has also been a violation of Article 97 by conducting proceedings regarding the offences of the Italian marines by investigating the events and also by the detention of the ship. India should cease their jurisdiction over the Enrica Lexie incident and must refrain from taking any action against the two marines involved in the incident. It was argued by the Respondent that the master of the ship had not cared to inform the Coast Guard regarding the incident until the Enrica Lexie was directed by the Indian Coast Guard to proceed to the port. The territorial sea is a zone that measures 12 nautical miles from the baseline of a country, and the coastal state has jurisdiction over the entire territory, including the resources found in the sea or sea-bed. The dispute concerns the boarding, seizure, and detention of the vessel Arctic Sunrise in . [39], Umberto Vitelli, master of Enrica Lexie deposed to Indian investigators that he was surprised by the marines' decision to open fire and that it was only after he heard gunshots that he increased to full speed, sounded the foghorn and the general alarm. All these zones are measured from the baseline of a country which is the coastline or low-water line recognized by the respective coastal state. In the "Enrica Lexie" Incident case between Italy and India, two judicial organs, i.e. India did not cooperate with the Italian marine’s action to tackle piracy and also abused its rights and jurisdiction by asking the Enrica Lexie to change its path, thereby violating Article 100 of UNCLOS. Lastly, it was pleaded by them that since both the marines were on official duty of the State, they must be given functional immunity from the offences according to the provisions of UNCLOS. The Petitioners argued that they were not involved in the act of murder or attempt to murder as opposed to the allegations against them. Tags: Crime News; Advertisement. [18][19] Based on the postmortem carried out on 16 February 2012, Kerala Police charged the two marines with murder. English Summary: Enrica Lexie case. If any person of their nationality is affected, it has the right to interfere in its legal matters. 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