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Home / India News / Kerala not in favour of withdrawing case against Italian marines: CM Vijayan

Kerala not in favour of withdrawing case against Italian marines: CM Vijayan

On Thursday, the tribunal ruled that India is entitled to compensation in the case but, at the same time, the five-member arbitral tribunal under the UN Convention on the Law of the Sea (UNCLOS) decided by three votes to two that the marines are entitled to immunity in relation to their acts during the incident and that “India is precluded from exercising its jurisdiction” over them.

india Updated: Jul 03, 2020 23:23 IST
HT  Correspondent | Edited by Anubha Rohatgi
HT Correspondent | Edited by Anubha Rohatgi
Hindustan Times, Thiruvananthapuram
Kerala Chief Minister Pinarayi Vijayan
Kerala Chief Minister Pinarayi Vijayan (PTI File Photo )

Chief Minister Pinayrai Vijayan on Friday said that Kerala was not in favour of withdrawing the case against Italian marines from Supreme Court on a day when the central government informed the apex court that it has agreed to accept and abide by the award by the Permanent Court of Arbitration in the case which relates to the killing of two Indian fishermen by Italian marines off the coast of Kerala in 2012.

The chief minister also said that Kerala wants the Union government to explore the possibility of a review petition.

India had accused the two marines – Massimiliano Latorre and Salvatore Girone on board the vessel MV Enrica Lexie – of killing two fishermen – Jalastine and Ajesh Binki in February, 2012. The ship was intercepted by naval ships after the incident and brought back to Kochi waters. Though the marines were arrested, they were later granted conditional bail by the Supreme Court and allowed to return to Italy in 2014 and 2016.

The case led to a new low in relations between India and Italy on the issue of jurisdiction.

The tribunal began hearing the case after Italy contended in December 2015 that India violated the rights and immunity of the marines – Massimiliano Latorre and Salvatore Girone – by detaining them. Italy also argued that India violated its exclusive right to institute penal proceedings against the marines under UNCLOS.

On Thursday, the tribunal ruled that India is entitled to compensation in the case but, at the same time, the five-member arbitral tribunal under the UN Convention on the Law of the Sea (UNCLOS) decided by three votes to two that the marines are entitled to immunity in relation to their acts during the incident and that “India is precluded from exercising its jurisdiction” over them.

Following the ruling, the Centre on Friday filed an application requesting the Supreme Court to dispose of the proceedings pending before the top court in relation to the incident.

However, CM Vijayan said that Kerala will inform the Centre about its opposition to the withdrawal of the case.

“We are not in favour of withdrawing the case from the Supreme Court. We will inform the Centre about this,” said the CM.

Earlier state fisheries minister J Mercikutty Amma said the state has sought a copy of the verdict.

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