Republic Day, also known as Festa della Repubblica in Italian (Festival of the Republic), is a national holiday in Italy on June 2 each year. In India riflemen Marina Pool Salvatore Girone and Massimiliano Latorre are unlawfully deprived of their personal freedom.


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MOTION FOR A RESOLUTION

OBJECT:  Violation of the rules of international law by India on the deprivation of liberty of Fusiliers Battalion Marina San Marco, Salvatore Girone and Massimiliano Latorre. Proposal to solicit the interest of the Italian Government, the Ministries of Foreign Affairs of the EU member states, the European Commission, the European Parliament, the U.S. State Department, and the United Nations for the restoration of international law and the creation of an International Arbitration settle the dispute between Italy and India.

 

Fusiliers Battalion Marina San Marco, Salvatore Girone and Massimiliano Latorre

Fusiliers Battalion Marina San Marco, Salvatore Girone and Massimiliano Latorre

WHEREAS, February 15, 2012 two Indian fishermen, Valentine Jalstine and Ajesh Binki, were fatally hit by gunfire from fire aboard their boat off the coast of Kerala, India, and whose death was blamed on the Italian Navy in riflemen service on anti-piracy tanker Enrica Lexie, Massimiliano Latorre and Salvatore Girone;

THAT the report drafted by the team leader of the nucleus protection on board the vessel Enrica Lexie, Massimiliano Latorre, provides the version of events that took place on 15.02.2012 (1) which indicates that the two soldiers were shot in the water against a boat with armed men on board, who provided to approach the Enrica Lexie up to a hundred meters, in spite of the light signals and bursts of warning before you disengage the lens and that the failed attack took place at 16 pm, Indian time, on 15 February 2012 as l ” naval unit Enrica Lexie “was in” twenty nautical miles off the coast of Allepey (India) ‘, outside the twelve-mile territorial sea, as also confirmed by the device of the judgment of the Supreme Court of India issued on 18.1.2013, a fact also confirmed by the officer of the Indian blanket on the ship Enrica Lexie, the findings of fact contained in the aforementioned report, revealed the presence of a boat intent to approach in a suspicious manner to tanker Enrica Lexie. This vessel appeared “without identifying number to about three miles with the route heading straight to point.” The riflemen Marina ‘then carried out with repeated flash panerai dall’aletta starboard, but to no avail. ” The report says also: “Call activation, one of only two players already in place revealed itself the weapon AR 70/90, bringing it prominently upward.” The vessel is suspected, however, did not change course, continuing to move towards the tanker Enrica Lexie. “At a distance of about 500 yards was made the first volley of warning in the water, but this was unnecessary to get the boat to move away,” was then fired “a second volley of warning about 300 yards, after a operator (gunner serving aboard Navy, NDA), raised the alarm of people with shoulder weapon on board spotted with the aid of binoculars ‘fear of the operators on board the Enrica Lexie was to undergo the’ boarding by pirates, since the boat “continued the approach” to the tanker.For this reason, the two operators have “continued to perform barrage in the water, until the vessel is less than 100 yards changed direction,” without a defined route and returning several times to the navigation unit Enrica Lexie. This performance led the team responsible for security of the tanker to continue to disclose the weapons and send light signals. Only at this point the final removal occurred with the direction, speed mailed, the boat in the open sea. From that stated in the report drawn up by military personnel in defense of EnricaLexie shows that have been put in place and properly followed all the procedures of Engagement anti-piracy. The incident was promptly reported to the owner and to the Italian authorities. They were also made aware by the Indian authorities. The latter invited by the master of deceit Enrica Lexie to move in the port of Kochi (in the Indian state of Kerala) to fulfill certain tasks of recognition of persons suspected of piracy. No possibility of recognizing suspected of piracy, however, were provided to the members of the crew of the ship flying the Italian flag once reached the port of Kochi. The objective of the Indian authorities was in fact to capture the Italian military to the point that a large squad of uniformed officers from the local police of the State of Kerala climbed aboard the Enrica Lexie. On February 19, 2012 the two riflemen Marina, Salvatore Girone and Massimiliano Latorre, whether they were unlawfully arrested by the Indian authorities on charges that he shot and killed the fishermen Valentine Jalstine and Ajesh Binki.The Ministry of Foreign Affairs of the Italian Republic was informed of the incident – on the streets of ritual – five hours after the facts (2). From that day began a long legal and diplomatic standoff between India and Italy, with intense activity by the Italian Diplomatic, bilateral consultations with partner countries, and solicitations to the United Nations (3). On May 25, 2012, after spending nearly three months in Indian jail in Trivandrum, the capital of the federal state of Kerala, the two riflemen of the Navy were transferred to a facility in Kochi and is granted them bail, with a ban on leaving the city. 20 December 2012 was granted the request of the Italian authorities a special permit to the two military spends the holiday season in Italy, with the obligation to return to India by 10 January 2013. On December 22, 2012 Girone and Latorre landed in Rome at a time to share Kochi January 3, 2013. In its judgment of 18 January 2013, the Indian Supreme Court established the lack of jurisdiction of the Government of Kerala on the case and ordered that the process was entrusted to a special tribunal to be established in New Delhi. In the same judgment the Supreme Court recalls the need for the two government consultations avviassero to activate an arbitration under the UNCLOS. On 22 February 2013, the Indian Supreme Court allowed the two riflemen to return to Italy for a period of four weeks in the general election.

The Government – of Understanding between the Council Presidency and all the ministries involved – March 11, informed India by note verbale of our Ambassador to believe subsisting breaches of international law and customs of such importance can not believe the return in India the two Italian soldiers, and initiated the paperwork for the activation of an international arbitration in the UNCLOS (the UN Treaty on the Law of the Sea). The Indian government had among other things in those days rejected by Diplomatic Note Verbale the mediation proposal by Italian therefore forfeited its commitments In the affidavit issued by Italy, which contained, however, a safeguard clause in which it was stated clearly that the commitments of the Italian government had made “without prejudice to the constitutional prerogatives.” The Italian Diplomatic activity was done in those days intense, in consultation with the main Chancelleries Capital and also with the Secretary-General of the United Nations, to the point that the UN Secretary-General expressed his position on the delicate issue by recommending that the same resolution found ” in the implementation of international law. ” On 22 March 2013, against the advice of the Minister of Foreign Affairs of the Italian Republic HE Giulio Terzi di Sant’Agata, the two riflemen Navy were again return to India to remain at the disposal of the authorities of that country. The repeated positions taken by the Indian side on the application of anti-terrorism legislation – which provides for the death penalty – are of much concern. The two Italian soldiers were forced to return to India, to the authorities of that State, resulting in the Monti government a clear rift that led to the resignation of the Minister of Foreign Affairs, SE Ambassador Giulio Terzi. The latter in March 2013 expressed opposition to the return of TL and Latorre in India, where there is a trial under a law which provides for the death penalty. In particular, the Ambassador Terzi pointed out that:

i)        authorize the change of course of the vessel Enrica Lexie (to reach the port of Kochi) by the military authorities took place without the involvement of the Ministry of Foreign Affairs;

ii)       the lack of awareness of the Judiciary so that incardinate the process in Italy has been a serious shortcoming;

iii)     the Government’s decision to postpone the two soldiers in Delhi, reversing the line announced in the first week of March 2013, was “unfortunate and inconsistent”;

iv)     International arbitration is essential to settle the dispute;

v)      concern the lack of guarantees provided by India on the exclusion of the death penalty for the events that took place on 15.02.2012 (4).

It is apparent also in the matter in question, the failure to comply with the Constitution, which prohibits extradition in force in the countries where the death penalty. But there is more. The Supreme Court in New Delhi today it continues to ignore the demands Italian (immediate formulation of the accusations and, in the meantime, the temporary release of our two riflemen Marina, etc) and postpone the date of claim settled by assuming an attitude of arrogant and unacceptable. On 28 January 2014, the European Commission President José Manuel Barroso has expressed concerns on the attitude of the judicial authorities and the Indian said, referring to the story of the two marines, that “the European Union is opposed to the death penalty in any situation.” President Barroso has also recently stated that “any decision” on the case of the two riflemen Marina “can have an impact on the overall relations between the EU and India and should be carefully evaluated” and that “The solution dev ‘ be implementation of international law and the UN Convention of the Law of the Sea, “thus excluding de facto jurisdiction of India. Moreover, the European Union is “committed to fighting piracy” and “continues to follow this case very closely.”

WHEREAS:

a)      In India riflemen Marina Pool and Latorre are unlawfully deprived of their personal freedom. The Government of that country, in a totally contradictory with respect to the evolution of the alleged offense to the two Italian soldiers would be ready to apply towards our fellow anti-terrorism legislation for which is expected even the death penalty. This approach would put in place a very serious and unacceptable infringement of international law, the dignity of Italy and the armed forces. This is also why the dispute with India should be brought to the attention of the major international fora – UN Security Council and the North Atlantic Council – for a quick fix and in full compliance with the law. The case of the unlawful detention of the two Italian soldiers in India must involve the UN Security Council, as the attitude in place by India, which by the way is an important member of the international community, affects how preservation of peace and international security. Is necessary to avert a dangerous precedent capable of undermining and questioning the inviolable principle of functional immunity, according to which the possible criminal liability of soldiers engaged in overseas mission – whatever country they may be – should be investigated and discharged in the State of origin, in this case Italy. In this context, it is certainly the case in question – as well as Italian national primary interest – also of interest transnational and supranational level. The controversy over what is discussed has, therefore, as a solution to the mandatory arbitration under the UN Convention on the Law of the Sea, to establish jurisdiction over the case and to ensure that the two Italian soldiers in India are subjected to a flawed trial.

b)      Need to prevent the economic and commercial interests take precedence over respect for human rights. Must be taken that would jeopardize the safety of the progress made over the last sixty years in the field of law for the protection of human dignity and of the States.

c)      The initiative put in place by this proposal has an international character. It is therefore noted the need for the resolution of political direction is produced in two languages: Italian and English.

FOR THE FOREGOING

PROPOSES

  1. to adopt the content of this proposal and its deliberate act of political direction with the express invitation to the Italian Government, the Ministries of Foreign Affairs of all EU partner countries, the European Commission, the European Parliament, the State Department United States of America to the United Nations to bring a joint action against India, in activating Arbitration mandatory under the UN Convention on the Law of the Sea, for the resolution of the dispute involving riflemen Marina (Salvatore Girone and Massimiliano Latorre) and immediate release and return of the two Italian soldiers in Italy.
  2. To declare this act is immediately enforceable, pursuant to Art. 134 of Italian Legislative Decree no. 267/2000 ;

 

(1)A report prepared by the Head of the Class, Massimiliano Latorre, dated February 15 , 2012 .

(2)Source: Ministry of Italian Foreign Affairs.

(3) Cpr. Also the Chamber of Italian Deputies, document the beginning of term,  The dispute with India over two marines boarded the Enrica Lexie. http://www.camera.it/leg17/1050?appro=867&La+controversia+con+l%27India+sui+due+mar%C3%B2+imbarcati+sulla+%27Enrica+Lexie%22

(4)Ambassador Giulio Terzi, former Minister of Foreign Affairs of the Italian Republic, official reports and speeches on the national and international press.

 

 

 

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