Italian FM says: Fishermen row: Will cooperate,

Amid diplomatic tensions between the two countries over the killing of two fishermen off Kollam coast, Italian Foreign Minister Giulio Maria Terzi di Sant' Agata met his Indian counterpart SM Krishna on Tuesday and said his country will push the matter in a friendly manner.

Flanked by Krishna, Agata said “I convey the condolences of Italian people on the killing of two Indian fishermen.”

“The position of the Italian government on the issue is our government wants to go by international law. The Indian government, however, wants to go by the Indian law. So there is a difference of opinion,” he said addressing a joint press conference. “We will continue to pursue the matter in a friendly spirit, understanding and cooperation”, he added.

As per reports, Italy may offer compensation to the families of the victims.

External Affairs Minister SM Krishan said, “India needs to consider the public opinion on the fishermen issue.” He added, “India’s relationship with Italy is strong.”

The Italian FM arrived in New Delhi with the families of the two guards of Italian vessel Enrica Lexie who allegedly fired at the Kerala fishermen. Italy has been maintaining that the incident occurred outside Indian territorial waters and the marines’ action was taken assuming the fishing vessel to be carrying pirates.

Inspite of the pressure mounted by Italy, India had steadfastly maintained that the trial of the two Italians will be held in India.

Earlier in the day, the Italian FM met Commerce Minister Anand Sharma but it was mainly regarding trade and economic issues between the two countries.

Two fishermen, Ajesh Binki, 25, from Tamil Nadu and Gelastine, 45, from Kerala, were mistaken as pirates and shot dead by the crew of the Italian cargo vessel on February 15, about 14 nautical miles off Alappuzha.

Earlier the Italian Ambassador Giacomo Sanfelice di Monteforte was summoned by Ministry of External Affairs by Secretary (West) M Ganapathi regarding the issue. Defence Minister AK Antony had also described the incident as "serious and unfortunate".

The Indian Navy has also maintained that the Italian merchant vessel had violated the established anti-piracy norms when it fired at an Indian boat carrying 11 fishermen killing two of them. Whenever there is a piracy attempt on a merchant vessel, it is supposed to communicate to its base or nearest ship but no such communication was registered from the Italian ship in this incident, as per the Navy.

As per the norms, any ship coming under attack has to report the incident immediately to the single primary point of contact which is the UK Maritime Trade Operations (UKMTO) in Dubai.

The ships are also supposed to make 'Mayday' distress calls on particular radio frequencies watched by the navies but no such attempt seems to have been made by the vessel.

In case of an attack, merchant vessels are first required to adopt evasive measures and if such a measure does not help, they are supposed to fire warning shorts in air first.

Killing two Indian fishermen: ‘Italian marines to be prosecuted under Indian law'

Holding that the two Italian marines accused of killing two Indian fishermen off Kerala coast would be prosecuted under the Indian law, Defence Minister A K Antony today said the investigation into the case was progressing in the right direction.

"The case will be preceded under the Indian law. Judiciary in the country is independent," Antony told reporters here.

"The incident of shooting down of two hapless fishermen off the coast of Kollam on February 15 was unfortunate and equally condemnable," he said.

"The investigation in the case was progressing on the right direction and the Kerala government was handling it very strongly and powerfully. The Centre had extended full support to the state's initiative," he said.

The arrested Italian marines -- Latore Massimiliano and Salvatore Girone -- have been charged with murder under Section 302 of IPC.

A Special Investigation Team led by Kochi commissioner, M R Ajith Kumar is probing the case. The victims -- Valentine Jalastine and Ajeesh Binki -- set out to sea in a boat along with nine fishermen from Neendakara fishing harbour.

The two fishermen were allegedly killed by the marines of Italian ship 'Enrica Lexie' when they fired at their boat on February 15.

The Italian authorities have contended that the fishing boat was fired, mistaking it to be a pirate vessel.

Fishermen killing: Kerala Police to conduct a search operation of Italian ship

The Kerala Police is expected to conduct a search operation on the Italian merchant vessel Enrica Lexie, which has been anchored in the harbour here in connection with the killing of two Indian fishermen by the ship’s guards in high seas last week.

The Kerala High Court is also expected to take up the petition filed by the two Italian guards seeking the quashing of the FIR filed against them. The two Italian guards -- Latore Massimiliano and Salvatore Girone – have submitted that Kerala Police have no authority to conduct investigation in the case and courts in India have no jurisdiction as the incident occurred beyond its territorial waters.

The marines, suspected to have shot dead the fishermen, took the legal recourse after they were arrested by the state police capping days of hectic negotiations between Indian and Italian officials on the issue of submitting them to Indian authorities.

Italy has been maintaining that the incident occurred outside Indian territorial waters and the marines’ action was taken assuming the fishing vessel to be carrying pirates.

The court has also admitted a petition by the family of one of the deceased fishermen seeking Rs 1 crore compensation and directed the owners of Italian vessel Enrica Lexie to furnish a bank guarantee of Rs 25 lakh.

Meanwhile, Italian Deputy Foreign Minister Steffan de Mistura has arrived in Kerala to hold talks with the state government.

Mistura had met his counterpart Minister of State for External Affairs Preneet Kaur in New Delhi yesterday to find a way out of the imbroglio India government stood its ground that law will take its course.

Fishermen killing row: Italy to move Kerala High Court

The Italian government through its Embassy in Delhi will move the Kerala High Court over the arrest of two of their naval guards after they were charged with killing of two Indian fishermen off the Kerala coast.

As per reports on Tuesday, a senior Supreme Court lawyer has consented to provide counsel to the Italians. The Italian government wants quashing of the FIR against its naval personnel, who they stress were acting to prevent piracy – they want them to be tried under UN laws.

Two naval guards of the Italian ship Enirca Lexie were produced before a local magistrate in Kollam yesterday who sent them to judicial custody till March 5

Latore Massimiliano and Salvatore Girone have been charged with murder under section 302 of the Indian Penal Code.

The deceased - Valentine Jalastine and Ajeesh Binki – last week set out to sea in a boat along with nine fellow-fishermen from Neendakara fishing harbour.

They were allegedly killed by the marines of the ship who fired at their boat on February 15.

But the accused claim that they mistook the deceased as pirates and shot them when they came close to the shipping vessel.

Meanwhile, talks are on at the highest level over the issue.

Italy has said the two marines have immunity from Indian law as the merchant vessel was flying with an Italian flag in international waters as it sailed from Singapore to Egypt when the firing incident occurred last Wednesday.

Italian Foreign Minister Giulio Terzi said there were "considerable differences" with India over the killing of the fishermen.

However, India has maintained that the accused must face justice in local courts.

Coast Guard: Firing by Italian crew error of judgement

The firing by crew of the Italian merchant vessel that left two Indian fishermen dead was an "error of judgement", the Coast Guard on today said.

The vessel, Enrica Lexie, had not reported the incident. It was the coastal police at Neendakara in Kollam district which reported the incident to the Coast Guard and search operations were launched, Inspector General SPS Basra, Regional Commander of Coast Guard Region (West), told reporters here.

The vessel was in the Indian Exclusive Zone when the incident occurred on Wednesday, he said.

"It was an error of judgement on the part of the vessel", he said, adding, firing on unarmed fishermen was not correct.

"They (Italian vessel) had taken some time to accept the case. FIR has been registered and police was investigating the case," he said when asked about the reported delay in taking action against the erring vessel.

On the explanation by the Italian vessel that they had opened fire suspecting the fishermen to be pirates, he said, "Any incident of piracy has to be immediately reported to the Coast Guard. They have not done it. They informed over two and a half hours later", Basra said.

The Mercantile Rescue Co-ordination Centre (MRCC) has done a commendable job, he said.

The Italian ship has stated that they had sighted a "suspicious" boat off Alapuzha on February 15 at about 1600 hours at 2.8 nautical miles closing in.

The boat was "warned" flashing search lights and displaying weapons but it continued the chase and closed in up to 100 metres. The security team of the ship sighted six persons and fired warning shots, it stated.

The crew informed the owners and sent Ship Security Alert System. The master sounded alarm and the boat aborted the chase, it was further stated.

Basra said the Italian ship's version was that after the master sounded alarm, the fishing boat aborted the chase.

Italian warship 'Grecale' contacted the vessel. By 16.30 hours the situation was under control and at about 17.00 hours the alert was called off.

During preliminary interrogation, the vessel confirmed presence of six armed Italian Navy Guards on its board, the Coast Guard said.

Coastguard said the vessel was brought to Kochi anchorage on February 15 at about 22.36 hours and a team consisting of Indian Navy, Coast Guard and police interrogated crew members. A team of Enforcement Directorate had also boarded the vessel.