Italy says UN court ordered marine's release, India denies

New Delhi says Italy was ‘misrepresenting’ the order which actually affirms the Indian Supreme Court’s authority over the matter.

A United Nations arbitration tribunal has ruled in favour of an Italian marine, held in India on murder charges, by allowing him to return home pending the arbitration proceedings at the Hague.

Two Italian marines -- Massimiliano Latorre and Salvatore 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 staying in Italian embassy in New Delhi. The two countries have agreed to arbitration by the UN court.

Reports from Rome said the UN tribunal court has ruled that pending arbitration proceedings, Girone may be permitted to return home.

In a statement, External Affairs Ministry Spokesperson Vikas Swarup said in New Delhi that the arbitral tribunal unanimously prescribed that India and Italy would approach the Supreme Court of India for relaxation of bail conditions of Girone.

He said the tribunal left it to the Supreme Court to fix the precise conditions of Girone's bail and noted that while the marine may return to Italy during the present arbitration, he would remain under the authority of India's apex court.

The tribunal's order is expected to be made public on Tuesday. Sources in New Delhi denied reports that marine has been ordered to be freed, saying Italy was "misrepresenting" the order which actually affirms the Indian Supreme Court's authority over the matter.

"While remaining under the authority of the Supreme Court of India, he may return to Italy for the duration of the present arbitration. The tribunal confirmed Italy's obligation to return him to India in case it was found that India had jurisdiction over him in respect of the incident.

"The tribunal left it to the Supreme Court of India to fix the precise conditions of sergeant Girone's bail. This could include him reporting to an authority in Italy designated by our Supreme Court, surrendering his passport to Italian authorities and not leaving Italy without the permission of our Supreme Court," Swarup said.

He said Italy will have to apprise the Supreme Court of his situation every three months.

"Let me also emphasise that the tribunal placed on record undertakings given by Italy in regard to Girone's return to India. It noted that these undertakings constitute an obligation binding upon Italy under international law.

"It has also confirmed that Italy is under an obligation to return sergeant Girone to India if the tribunal finds that India has jurisdiction over him," the MEA spokesperson said.

Girone is one of the two Italian marines -- on board ship 'Enrica Lexie' -- accused by India of killing two of its fishermen. He has not been able to leave India, aside from a few brief permits, since the incident.

Swarup said the tribunal considered that provisional measures should not alter the situation where the Supreme Court of India exercises jurisdiction over Girone.

"The government is studying the order which was received today. It would, in due course, approach the Supreme Court for its directions on this matter.

"We believe that government's consistent positions and key arguments in this particular case have been recognised by the tribunal. The authority of the Supreme Court has been upheld. We remain confident that the issue of jurisdiction will be determined in our favour," the MEA spokesperson said.

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 PCA is hearing oral arguments by the two sides.

"Foreign Ministry informs that the arbitral tribunal set up in The Hague has anticipated today its decision that Girone Rifleman (be allowed to go) back in Italy until the end of the arbitration proceedings, initiated by the Government on June 26, 2015. The return of the conditions will be agreed between Italy and India," the Italian ministry said.

Last year, Italy had sought international arbitration in the case under the UN convention on the law of the sea. The arbitral tribunal was requested by Italy to prescribe provisional measures for the duration of the arbitration which is expected to conclude in 2018.

The arbitration "could last at least three or four years" which means that Girone risks "being held in (New) Delhi, without any charges being made, for a total of seven-eight years", Italy's representative had told the court.

Meanwhile, Italian new agency ANSA quoted Italian Premier Matteo Renzi as saying that he was sending a message of "friendship and cooperation to the great people of India and to the Indian prime minister (Narendra Modi)" after the news that marine Salvatore Girone is to return to Italy. "We are always ready to cooperate," Renzi added in Florence, as per ANSA.