India to allow Italy marine to return home News
India to allow Italy marine to return home

India’s Ministry of External Affairs said Monday that India will allow detained Italian marine Salvatore Girone to return home. The statement came after Italy’s Ministry of Foreign Affairs announced [press release, in Italian] that the Permanent Court of Arbitration (PCA) in The Hague had ordered [case materials] Girone’s return. Girone, one of two Italian marines held in India for their part in the killing of two Indian fisherman in 2012, will be allowed to return to Italy pending the adjudication of the case. According to the Italian government, the PCA reasoned that Girone could be detained in India for several years with no formal criminal charges pending the decision over which country has jurisdiction over the case, potentially violating his human rights. The Indian government noted [Reuters] that the PCA confirmed Italy’s obligation to return Girone to India if it is found that India has jurisdiction over the case.

The “Enrica Lexie Incident” took place in 2012 when two Italian marines, Girone and Massimiliano Latorre, shot and killed two Indian fishermen [DNA India report], Ajesh Binki and Valentine, believing them to be pirates. The killing sparked international controversy and jurisdictional issues. Last year 2015 the International Tribunal for the Law of the Seaordered India [order, PDF] to suspend the trial [JURIST report] of the two Italian marines. In July India’s top court heard [Reuters report] a plea from Italy challenging India’s jurisdiction. In 2012 Rome compensated the victims’ families with $190,000, and the families dropped their cases against the marines, but the state did not follow suit.