India’s jurisdiction suspended,overridden in marine case:Italy
April 26, 2016
Rome
Italy today said it considers India’s jurisdiction to be suspended and therefore legally overridden, after Supreme Court extended the stay of an Italian marine who along with his colleague is accused of killing two fishermen off Kerala coast in 2012, in Italy till September 30.
The Italian foreign ministry in a statement said it considers the Indian jurisdiction in the matter suspended since the International Tribunal for the Sea ruled that India and Italy should suspend all internal judicial actions while arbitration is pending.
The Supreme Court today extended the stay of marine Massimiliano Latorre, who along with his colleague Salvatore Girone is accused of killing two fishermen, in Italy till September 30.
Italy said the tribunal in the Hague is expected to decide in the next days on Italy’s request for provisional measures for a second marine staying in India to return to Italy until the arbitration procedure ends.
Italy confirms its endorsement of the Order of 24 August 2015 passed by the International Tribunal for the Law of the Sea, establishing that both India and Italy suspend all court proceedings relating to the incident until the conclusion of the arbitral proceeding initiated by the Italian Government last June, the statement said.
Italy has also submitted to the Arbitral Tribunal established at the Permanent Court of Arbitration in The Hague a petition to pass provisional measures enabling Italian Marine Salvatore Girone to return to Italy and remain there until the end of the arbitration proceeding.
The Tribunal is expected to deliver its decision in the next few days.
PTI
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