Four Italian marines, who were witnesses to the killing of two Indian fishermen off the Kerala coast allegedly by two of their colleagues, will not be sent to India for deposing as witnesses, Defence Minister Mario Mauro has said.
Italy will take up at the "international level" the trial of two marines in India for the killing of two Indian fishermen, Premier Enrico Letta has said.
It further said that the Arbitral Tribunal has decided that Italy and India each shall report to it on 'compliance with these provisional measures and authorises the President to seek information from the parties if no such report is submitted within three months from the date of this order and thereafter as he may consider appropriate'.
Hours after India decided not to prosecute two of its marines accused of killing Indian fishermen under the strict anti-piracy SUA law, Italy said the decision was the "fruit of Italian firmness".
Italy in March had asked the PCA 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'.
The Italian government will see if one of the two marines accused of killing two Indian fishermen in 2012 is fit enough to return to India, Foreign Minister Paolo Gentiloni has said.
The Supreme Court on Monday sought a response from the Centre on a plea by one of the Italian marines, facing murder charges in India, to travel to his country for medical treatment for two months.
Two Italian marines, accused of killing two Indian fishermen off the Kerala coast, may escape death penalty with the home ministry on Tuesday agreeing not to press for the capital punishment against them.
A bench comprising Justices A R Dave, Kurian Joseph and Amitava Roy asked the Italian authority to give an undertaking to abide by the conditions under which Latorre was allowed to leave India.
The Centre said it does not object if Grione's bail conditions are relaxed on the same lines as was done in the case of another marine Massimiliano Latorre.
Italy has criticised India's handling of the case of two of its marines accused of killing two Indian fisherman as "contradictory" and "disconcerting" ahead of a hearing of the case in India's Supreme Court.
Expressing concern over the delay in the trial of its marines charged with murder, Italy on Wednesday ruled out sending four seamen as witnesses in the case and sought other legal options to take forward the investigation.
Italian President Giorgio Napolitano has said the trial of two marines in India over the killing of two Indian fishermen has run into new "difficulty" because of upcoming general elections in that country.
The Supreme Court on Friday directed the Centre to deposit in its account the compensation given by Italy for the kin of two Indian fishermen killed by Italian Marines off the Kerala coast in February 2012.
"It is here that the examination and trial has to be held. But a big foul play has been held in this case right from the beginning by the Centre. We were against the Centre's approach before also and we had strongly criticised it," Vijayan said.
The National Investigation Agency will file a chargesheet against two Italian marines, accused of killing two Kerala fishermen, after getting sanction to prosecute them under a law which provides only death penalty.
Taking note of a plea by some fishermen seeking compensation, the Supreme Court on Thursday directed the Kerala high court not to disburse any amount from the Rs 2 crore earmarked for the owner of fishing boat St Antony in which two fishermen were killed by Italian marines in 2012.
The Supreme Court on Monday asked the Centre to resolve within a week all disputes arising out of the issue of invoking anti-piracy law against two Italian marines accused of killing two Indian fishermen off Kerala coast in 2012.
The Ministry of Home Affairs feels that awarding death penalty to the duo will sour ties with Italy, reports Vicky Nanjappa.
India and the European Union have failed to arrive at any understanding on the four-year dispute involving two Italian marines accused of murdering two Indian fishermen
The Supreme Court on Tuesday refused the pleas of murder accused Italian marine Massimiliano Latorre seeking extension of his stay in Italy on health grounds and his fellow marine permission to travel there for Christmas, leading them to withdraw their applications.
India has told an international tribunal that the case of two Italian marines, accused of killing two Indian fishermen off Kerala's coast, comes under its jurisdiction and Italy's contentions in this regard were "misleading".
Italy on Tuesday recalled its ambassador to India for consultations and asserted that it will deal with the situation of "ambiguous and unreliable" behaviour by Indian authorities.
The Supreme Court on Tuesday asked the Centre to make its stand clear on disputes arising out of the issue of invoking anti-piracy law against two Italian marines accused of killing two Indian fishermen off Kerala coast in 2012.
The Supreme Court on Wednesday allowed Massimiliano Latorre, the second Italian marine accused of killing two Indian fishermen off the Kerala coast in 2012, to remain in his country till the international arbitral tribunal decided the jurisdictional issue.
"Italy is willing to try the marines at home, but in the meantime we ask for their freedom," said Interior Minister Angelino Alfano was quoted as saying by ANSA news agency.
Stepping up pressure, Italy on Tuesday recalled its Ambassador in New Delhi over the issue of two Italian marines facing trial in India and lashed out at Indian authorities for their "ambiguous and unreliable" behaviour.
In a U-turn in the Kerala fishermen killing case, the Union home ministry on Friday asked the National Investigation Agency to dilute the charges against the two accused Italian marines from murder to violence, thus sparing them from the possibility of getting death penalty.
Italian Marine Massimiliano Latorre, who along with a colleague is accused of killing Indian fishermen in 2012, moved the Supreme Court on Tuesday seeking extension of his stay in Italy on medical grounds.
Unhappy over India's handling of the marine's issue, Italy took the matter to the International Tribunal on Law of the Sea challenging Indian jurisdiction in the case.
The court also asked the government to appraise it of the status of international arbitration proceedings to be undertaken in pursuance of directions of International Tribunal for the Law of the Sea in the matter on April 13, the next date of hearing.
Italian PM Paolo Gentiloni's visit is the first prime ministerial trip from Italy in more than a decade.
The home ministry will make a presentation before National Security Advisor Ajit Doval on the status of the case related to the killing of Kerala fishermen by two Italian marines after Rome's plea for 'quick positive outcome' on the long pending issue.
Italy has regretted that the case of two of its marines accused of killing two Indian fishermen should have been resolved in the first three days of the incident, before the issue became enmeshed in India's "deadly judicial and political-electoral gears".
Italy has petitioned the United Nations over the trial of its two marines in India under a strict anti-piracy law for the killing of two Indian fishermen, and said it would exercise "all options" to bring back the naval personnel.
The top court termed the Rs 10 crore compensation paid by the Republic of Italy over and above the payment already made as "reasonable and adequate".
The SC agreed to hear on September 20 Latorre's plea which has sought the same bail conditions applicable to co-accused Salvatore Girone.
Italian marine Massimiliano Latorre would have heaved a sigh of relief after the Supreme Court granted him three months extension on Wednesday on grounds of health.
The apex court imposed four conditions on the marine.
The National Investigating Agency on Thursday told a special court New Delhi that it was "ready" with a charge sheet against two Italian marines, accused of killing to Indian fishermen off Kerala coast in 2012, and would file it after the Supreme Court decides on the issue raised by the Italian government.
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