OLYMPIC SKY

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Case of shooting settled

India's supreme court has quashed all criminal proceedings against two Italian crew members of the 'Enrica Lexie', now sailing as 'Olympic Sky', being accused of shooting dead two fishermen off Kerala in 2012. The closure reportedly came after the Italian government paid $1.36m compensation to the families of the two Indian nationals. The case with India has been closed. The two men were guarding the 'Enrica Lexie' when they fired shots at a fishing boat off the Southwestern coast of India, mistaking the fishermen for pirates. Indian authorities charged them with murder. An Indian court released the´tanker after a brief detention. India had held the two Italians for some years before allowing them to return to their home country. Bilateral relations between India and Italy were strained and, in 2015, the two countries took the case to the Permanent Court of Arbitration in the Hague. In 2020 the international arbitration court ruled that India did not have jurisdiction over the seafarers based on the United Nations Convention on the Law of the Sea. The court said they were entitled to immunity, but that India was entitled to claim compensation for the loss of life and damage to the fishing boat, among other items related to the shooting incident. New Delhi accepted the ruling and petitioned to the Supreme Court to end the case.

Maritime Tribunal Rejects Italy’s Plea for Marines’ Release

HAMBURG, Aug 24 (Reuters) – An international maritime tribunal on Monday rejected Italy’s request that India provisionally release two marines accused of killing two Indian fishermen, a setback for the Italian government after a three-year legal battle. However the International Tribunal for the Law of the Sea in Hamburg also ordered India to suspend legal action against the two Italians, saying an international arbitration hearing to be held in The Hague must rule on the dispute. Massimiliano Latorre and Salvatore Girone were part of a military team on anti-pirate duty protecting an Italian oil tanker in 2012, when, they say, they mistook a fishing boat for a pirate vessel and fired warning shots. Two fishermen died. Girone is being held in the Italian Embassy in New Delhi, forbidden by the Indian authorities from leaving the country. However, Latorre is in Italy after India allowed him to return home temporarily for medical treatment. Rome objects to holding a trial in India, arguing that the case should be taken to arbitration under the United Nations Convention on the Law of the Sea and that the incident happened in international waters where national laws do not apply. http://gcaptain.com/enrica-lexie-update-maritime-tribunal-rejects-italys-plea-for-marines-release/#.VdwYPfmvG9I

‘Enrica Lexie’ Murder Case May Head to International Arbitration

A case in which two Italian marines are accused of killing two Indian fisherman could now be heard before an international court, offering a possible way out of a three-year impasse that has blighted bilateral relations. India’s highest court on Monday heard a plea from Italy challenging India’s jurisdiction in the murder case and ordered the Indian government to report back by Aug. 26. An Indian government lawyer told the Supreme Court that India would participate in arbitration proceedings foreseen under a U.N. convention, but argue that India should still have jurisdiction. Massimiliano Latorre and Salvatore Girone have been in legal limbo since their arrest by India in connection with the fatal incident off the coast of southern India in February 2012. The pair, part of a military team protecting a cargo ship, say they mistook Indian fishermen for pirates and fired warning shots. Two fishermen were killed. Amid legal wrangling, India’s Supreme Court allowed Latorre home for heart surgery, which he underwent in January. On Monday, the court allowed Latorre to stay in Italy for a further six months. http://gcaptain.com/enrica-lexie-marines-indian-murder-case-may-head-to-international-arbitration/#.VaSeIfmvG9I