Italian marine to return to Italy: UN tribunal

However, govt sources said that the order has clearly recognized that they will be under 'India's authority alone'

A UN arbitration tribunal has ruled in favour of Italian marine Salvatore Girone,  held in India on murder charges, by allowing him to return home pending the arbitration proceedings at The Hague. However, government sources in New Delhi said the order has clearly recognised that the marine is under “India’s authority alone” and the Supreme Court exercises jurisdiction over him.

Two Italian marines – Massimiliano Latorre and Girone – are facing charges of murdering two fishermen in 2012 off the Kerala coast. Latorre is back in Italy after a stroke in 2014, while Girone is on bail and is staying in the Italian embassy in New Delhi. India and Italy had agreed to an arbitration by the UN court. There is no appeal process against UN tribunal and its order cannot be challenged.

In India, any new political turn will add grist to the raging political controversy over the issue. The Congress has alleged that the government has done a quid pro quo with Italy by promising to release the marine in return for “revelations” that target its leadership in the AugustaWestland issue. The government has denied this.

The Supreme Court will set Girone’s bail conditions. Source said Italy has accepted that if Girone is allowed by the Supreme Court to return to Italy, “he will remain under the jurisdiction of the courts of India.” According to sources in New Delhi, the order also says that “India must be assured, unequivocally and with legally binding effect, that Girone will return to India in case the tribunal finds that India has jurisdiction over him in respect of the Enrica Lexie incident.”

Italy in March had asked the judges to order India to release its detained marine Girone, saying otherwise he risks four more years in India without any charges being made which would amount to "grave violation of his human rights".

Italian news agency ANSA quoted Italian Prime Minister Matteo Renzi as saying that he was sending a message of "friendship and cooperation to the great people of India and to his Indian counterpart (Narendra Modi)" after the news that marine Salvatore Girone will return to Italy. "We are always ready to cooperate," Renzi said in Florence.