Now Italy Says It Will Return the Two Marines to India

Italy tonight said it will send back to India two marines to face trial for killing two fishermen after receiving an assurance from the Indian government about the protection of their fundamental rights.

"The two sailor will start tonight for India," the Italian government said in a statement, reversing an earlier decision not to send them to India as agreed when they were granted permission to return home to vote in elections.

"The Italian government requested and received written assurances from the Indian authorities regarding the treatment of the marines and the protection of their fundamental rights," the government said in a statement.

Italy's previous decision not to send marines— Massimiliano Lattore and Salvatore Girone— to face trial triggered a diplomatic standoff, with the Indian Supreme Court barring the Italian ambassador from leaving the country.

Prime Minister Manmohan Singh last week termed as "unacceptable" Italy's refusal to send its two marines back to India and said the issue will be taken up with that country. 

Earlier today Italian Prime Minister Mario Monti, along with Defense Minister Giampaolo Di Paola and Minister of State for Foreign Affairs Steffan de Mistura jointly assessed the Italian position on the issue.

"In light of the assurances received, the Government has considered the opportunity, in the interests of Fusiliers Marina, to maintain the commitment made at the permission to participate in the vote back in India by March 22," the statement said.

"The marines agreed to this decision," it added.

India had withheld posting of its Ambassador-designate Basant Kumar Gupta to Rome and the Indian government had said further steps will be taken after completion of the review of bilateral ties with Italy.

The Italian government, which had given an undertaking before the court that the marines will be sent back, had on March 11 sent a note verbale to the Indian government informing it that the two will not be sent back.

On January 18, the apex court had turned down the Italian government's plea that the Indian courts had no jurisdiction in the case and had held that the two marines should be tried a special court constituted by the Centre.

It had directed that the two be shifted to Delhi and would remain under it's 'custody' till the special court is set up.

Government Assured No Death Penalty

Italian news agency ANSA has quoted Italy’s deputy foreign minister Steffan de Mistura to say that the breakthrough came after the Indian government assured the Italian authorities there would be no death penalty against the two marines.

The Italian government also obtained a written assurance from the government that the fundamental rights of the two marines would be protected.

Emerging story. Watch this space for updates as more details come in
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13/D-127
Mar 22, 2013
05:23 PM

"Italy Says It Will Return the Two Marines to India"

Return favour for sending Quattrochhi to Italy ?

K.Suresh, Bangalore
12/D-126
Mar 22, 2013
05:08 PM

cannot be called rarest of rare crime - Testmessage

Technically, since this sort of crime (murder at sea from one ship to another) has never happened before (in India at least), it IS the rarest of the rare.

Bonita, Chennai
11/D-120
Mar 22, 2013
04:28 PM

" there would be no death penalty against the two marines "

What they did was wrong but cannot be called rarest of rare crime... So death penalty was anyway out of table.

TestMessage, Patna
10/D-77
Mar 22, 2013
11:43 AM

>> " there would be no death penalty against the two marines "

This is a ridiculous assurance... Their trial should be in accordance with the Indian penal codes. This will encourage Foreigners into more murder related crimes !!

Jo Mb, kolkata
9/D-70
Mar 22, 2013
11:12 AM

Was there any other way?
The news is; SC and Swamy destroyed Congress/UPA's game-plan.

The game plan was rather simple:
* Kerala court appeared to be going tough on the case, thus the lawyers (funny that they felt socked later), moved the case to Delhi.
* Perhaps never occurred before in modern history, but the accused were given international bail.
* Ambassador himself sign the guaranty (perhaps assured that he will get away under the diplomatic immunity)
* Shameless as Roman apparently are; they refused to send them back. Disregarding the written assurance of their own ambassador.
* And the game-plan; GoI threatened to expel the ambassador. Saanp bhi mar jaaye, aur lathi bhi naa tute. Some fixer can sale their own kids, if that benefit them. Nation is too small of a thing.
* The blow: Swamy immediately moved to SC, petitioning to restrain the ambassador from leaving the country. SC agreed.
* Diplomatic immunity is a tricky question here, and as it appears Italians realized that they are on shaky ground.
Immunity is there for sure, but it can be taken off by the guest govt. Usually it is the host county ask/request the guest country to drop the immunity of a diplomat, if there is any offence committed. As it happened in Indian diplomat’s case in New York, who was accused of maid-abuse.
In this Italian-job case; since the ambassador (representing the guest country), himself singed a document within India jurisdiction. Thus it can be interpreted as the immunity of that diplomat (ambassador himself) is lifted.
Fixers didn’t see that coming; did they?
* Wisdom prevailed and they are coming back.

I say, did they have choice?

Santosh Gairola
Hsinchu, Taiwan
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