New Delhi: In a major development related to diplomatic-legal battle, the Arbitral Tribunal constituted under Annex VII of the UN Convention on the Law of the Sea (UNCLOS) has upheld the conduct of the Indian authorities with respect to the Italian tanker Enrica Lexie case.
MEA spokesman Anurag Srivastava told reporters here on Thursday that the court "held that the actions of the Italian military officers and, consequently, Italy breached India’s freedom of navigation under UNCLOS Article 87(1)(a) and 90".
"The Tribunal observed that India and Italy had concurrent jurisdiction over the incident and a valid legal basis to institute criminal proceedings against the Marines. The Tribunal rejected Italy’s claim to compensation for the detention of the Marines," he said.
The case blew up into a major political issue in Italy and also had caused the resignation of Italian Foreign Affairs Minister Giulio Terzi.
The high profile case relates to a major row about a shooting that happened off the western coast of India on Feb 15,
2012.
As reported widely, two Indian fishermen were killed off the coast of Kerala aboard the St. Antony.
India had alleged that the two Italian marines aboard the Italian-flagged commercial oil tanker MV Enrica Lexie killed the fishermen.
Shortly after the incident, the Indian Navy had intercepted the MV Enrica Lexie and detained the two Italian marines.
The developments sparked a conflict of opinions over legal jurisdiction and functional immunity between the governments of India and Italy.
On June 26, 2015 on the request of Italy in respect of a dispute concerning the incident the Tribunal was set up.
The Tribunal observed that India and Italy had concurrent jurisdiction over the incident and a valid legal basis to institute criminal proceedings against the Marines.
"The Tribunal rejected Italy’s claim to compensation for the detention of the Marines. However, it found that the immunities enjoyed by the Marines as State officials operate as an exception to the jurisdiction of the Indian courts and, hence, preclude them to judge the Marines," the MEA spokesman said.
The Tribunal took note of the commitment expressed by Italy to resume its criminal investigation into the events
of 15 February 2012.
"The Tribunal decided that India is entitled to payment of compensation in connection with loss of life, physical harm, material damage to property and moral harm suffered by the captain and other crew members of “St. Antony"," he said.
The Tribunal also held that the Parties are invited to consult with each other with a view to reaching agreement on the
amount of compensation due to India.
"The Tribunal also decided that it shall retain jurisdiction should either Party or both Parties wish to apply for a ruling from the Arbitral Tribunal in respect of the quantification of compensation due to India."
Srivastava said: "India has taken note of the Award and will be in touch with relevant entities on the matter".
On the background front, it can be stated that during the Congress-led UPA regime, the two marines were allowed to return to Italy in early 2013 on a temporary leave.
However, once the marines landed in Italy, the authorities in that country notified India they would not return the marines unless there was a guarantee they would not face the death penalty.
India responded by summoning the Italian ambassador to Delhi for negotiations.
After tense diplomatic discussions, the two marines were finally returned, without any of the guarantees requested by Italy.
On April 4, 2013, the Indian National Investigation Agency (NIA) had filed a first information report against the two Italian marines in relation to charges including murder, attempted murder, mischief and conspiracy.
MEA spokesman on LAC issue with China on July 2
As you are aware, India and China have been having discussions through established diplomatic and military channels to address the situation along the LAC in India-China border areas. The Senior Commanders of two sides had met on 6th June, 22nd June and on 30th June. Diplomatic engagements are also continuing in parallel and last week on 24th June a meeting of the Working Mechanism for Consultation & Coordination on India-China Border Affairs (WMCC) was also held.
The Senior Commanders Meeting held on 30th June at Chushul was the third senior military commander level engagement to discuss issues related to disengagement at the faceoff sites along the LAC and de-escalation from the border areas.
Both sides have emphasised the need for an expeditious, phased and step wise de-escalation as a priority. This is in keeping with the Agreement between External Affairs Ministers and his Chinese counterpart during their conversation on 17th June that the overall situation would be handled in a responsible manner, and that both sides would implement the disengagement understanding of 6 June sincerely. The discussions in the latest meeting of the Senior Commanders reflected the commitment of both sides to reduce the tensions along the LAC.
The two sides will continue their meetings both at the military and diplomatic level including under the framework of WMCC, in the future to resolve the issues to mutual satisfaction. We expect the Chinese side to sincerely follow up and ensure the expeditious restoration of peace and tranquility in the border areas as per bilateral agreements and protocols.
On FDI, banning of Apps etc
While I would like to refer you to the concerned ministry on the specifics of this question, what I would like to point out is that India has one of the most open regimes in the world for attracting Foreign Direct Investment (FDI). In the last few years Government has taken a host of measures for creating of a more investor-friendly regime. Similarly in the area of digital technology and internet, India has adopted a very open regime. India is today one of the world’s largest markets for digital and internet technologies with more than 680 million subscribers. The world’s largest software and internet applications companies are present in India. Naturally while operating in India they have to abide by our rules and…
On West Bank
We reiterate our view that the final status issues should be resolved through direct negotiations between the two Parties. We urge the Parties to engage with each other and find an acceptable two-State solution for peaceful coexistence.
On Nepal
India and Nepal have age old civilization ties of friendship, rooted as they are in deep cultural and societal linkages. We remain committed towards continuously strengthening these ties.
On trade front, both sides have worked hard and diligently to ensure smooth flow of trade between the two countries. Even during the times of most stringent Covid-19 lockdown measures in India, the movement of trade in goods and supplies have continued smoothly.
Regarding embankment issue, Repair and maintenance of embankments is being carried out regularly by the concerned state governments under the established mechanisms.
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