The UN's Permanent Court of Arbitration (PCA) in The Hague has recommended relaxation of bail conditions of Italian marine Salvatore Girone, one of the two marines facing murder charges for killing two Indian fishermen, said government sources.
Two Italian marines Massimiliano Latorre and Salvatore Girone are facing charges of murdering two fishermen in 2012 off the Kerala coast.
Sources say that the Arbitral Tribunal's Order clearly recognises the fact that "Girone is under India's authority alone" and that the "Supreme Court of India exercises jurisdiction" over him.
The Order further asks India and Italy to approach the Supreme Court of India for relaxation of the bail conditions. The order reportedly states that Italy must ensure that Girone reports to an authority in Italy designated by the Supreme Court of India.
It also recommends that Girone should to surrender his passport and shall be prohibited from leaving Italy unless the Supreme Court of India grants him permission.
Sources say that Italy has also accepted that if Girone is allowed to return to Italy, he will remain under the jurisdiction of the courts of India.
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With reports surfacing in the media that Girone may be permitted to return home, the government has reportedly said that Italy was "misrepresenting" the order, which actually affirms the Supreme Court's authority over the matter.
Italy had earlier in March asked the PCA to order India to release Girone, saying the latter, otherwise, risks four more years in India without any charges being made which would amount to "grave violation of his human rights".
The Supreme Court, which was handling this case, suspended the court proceedings relating to the trial of two marines in August 2015 following an order to this effect by International Tribunal for the Law of the Sea (ITLOS) which was approached by Italy for international arbitration.