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.

India summoned the Italian Ambassador over killing of fishermen

India on Today summoned the Italian Ambassador here and lodged a strong protest over killing of its two fishermen allegedly by security guards of an Italian ship off Kollam coast on suspicion of being pirates.

However, Italian Ambassador Giacomo Sanfelice di Monteforte, who was summoned by Ministry of External Affairs by Secretary (West) M Ganapathi, said his country's Navy followed the international protocol.

Two fishermen in a boat were killed after guards onboard the Italian merchant vessel fired at them off Alapuzha coast last evening, suspecting them to be pirates.

After the meeting here, the envoy said the facts of the case are yet to be clarified.

"We are working in very close cooperation with Indian authorities. It is in any case a very sad incident. What I want to underline is that the Italian ship moved voluntarily into the Kochi port," he told.

Official sources said there were 11 fishermen in the boat at the time of the incident out of which 9 were sleeping and the driver and another person who were awake were shot dead.

"There was no prior warning as reported by the crew," the sources said, adding the matter was now being investigated by the Navy, Coast Guard and local police.

Asked about the firing, the envoy said: "The Italian Navy followed the international protocol as it was approached by a vessel which did not stop when flash lights were sent."