India seeks rejection of Italy's plea for handing over Marines

India has sought rejection of Italy's plea to an international tribunal for handing over of two of its marines, accused of killing two Indian fishermen off Kerala's coast, saying India has full jurisdiction in the case and Italy's contentions in this regard were "misleading".
In its submission before the International Tribunal on Law of the Sea (ITLOS) here, India said the story told by Italy is as "short and straightforward as it is misleading" as the incident took place in India's Exclusive Economic Zone, thus it has full jurisdiction over the case.
"Marines used automatic weapons without warning and shot in head and stomach of the two fishermen...This case is not covered by Article 97 of of the United Nations Convention on the Law of the Sea but rather a double murder at sea," India's representatives submitted before the Tribunal which opened its two-day hearing yesterday.

India was represented in the tribunal by Neeru Chadha, Legal Advisor, Ministry of External Affairs, as Agent, two lawyers Alain Pellet and Rodman Bundy, Narinder Singh, Chairman, International Law Commission, besides others.
"The Republic of India requests the International Tribunal for the Law of the Sea to reject the submissions made by the Republic of Italy in its request for the prescription of provisional measures and to refuse prescription of any provisional measures in the present case," India's representatives said.
India said suspension of trial proceedings in the Supreme Court until the proceedings are completed in the tribunal would constitute a serious injustice to the memory of the victims and to the feelings, rights and interests of their families which have been devastated by the murders.

"If the marines are allowed to go, Italy will not impose upon control and restrictions of movement and necessary when a person is accused of murder...They will not return to India," it said.

New Delhi said it has conducted an in-depth investigation and is prepared to exercise its criminal jurisdiction over the two marines, provided the independent judicial chamber confirms that it has such jurisdiction.
Marines Massimiliano Latorre and Salvatore Girone, who were on board ship 'Enrica Lexie', are accused of killing two Indian fishermen on February 15, 2012.
Challenging Italy's contention that Sergeant Girone has been kept in India as a "hostage", India said such description is highly inappropriate and offensive and belies the fact that both marines were twice allowed to travel to Italy at the same time.

Moreover, the restrictions to his freedom of movement are very lenient treatment for an individual who, it cannot be contested, shot and killed unarmed fishermen, it said.