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.

Indian fishermen killing case in court today

Italy’s Deputy Foreign Minister Staffan De Mistura is arriving in New Delhi on Wednesday to ease what appears to have developed into a major diplomatic row following the killing of two Indian fishermen allegedly by Italian naval guards off the Kollam coast in Kerala.

Italy has rushed its deputy foreign minister for talks, to be followed by that of Foreign Minister Giulio Terzi on February 28, after New Delhi made it clear that it will go by its legal process.

The two Marines are currently in police custody for allegedly killing the two fishermen off.

A Kerala court had yesterday allowed investigators to look for the murder weapon on the Italian cargo vessel from where the two Marines fired.

Separately, the Kerala High Court yesterday admitted three pleas over the incident. One of the pleas by a victim's kin seeks Rs 1 crore (around USD 200,000) as compensation.

Also, the Marines plan to move the Kerala HC today to quash the first information report (FIR) charging them with the murder of two Indian fishermen at sea. Dolphin Tankers, the owners of the Italian cargo vessel, also filed a petition in the High Court that no fresh arrests should be made without hearing their version.

The Italian Deputy Foreign Minister is expected to meet senior Indian diplomats and call on External Affairs Minister SM Krishna in the national capital today.

Mistura will "continue on a political level the action so far carried out by a delegation of experts from the Italian Foreign, Defence and Justice Ministries", the Foreign Ministry in Rome said. "Minister Terzi will visit personally next Tuesday," it added.

Terzi had a telephonic chat with Krishna on Monday and insisted that the Italian ship was in international waters at the time the Marines opened fire, killing two Indian fishermen off Kerala coast. Its location is a matter of dispute between the two countries. Subsequently, an Italian delegation of officials from that country's Legal and Foreign Ministries visited India in a bid to resolve the legal tangle.

India contests Italy's version and says any incident involving an Indian or an Indian vessel is subject to Indian law. "We have made it very clear to them (Italy) that as representatives of India, we will go by our legal process. Of course, there are differences of opinions," a government source said.

New Delhi has also stressed that the incident is at the stage of investigation, and Italy is free to present any issue of judicial nature through its legal counsel in the court, said the sources.

India has also conveyed to Italy that the arrested Marines could get consular access.

Ajesh Binki, 25, and Gelastine, 45, were mistaken for pirates and shot dead by the Marines from the Italian cargo vessel on February 15, off Alappuzha in Kerala.

Reports indicated that the Italian consulate may file a petition on Wednesday in the Kerala High Court pointing out that since the incident took place in international waters, the case could not be tried in any court other than an international court of law.

Italian Marines Latorre Massimillano and Salvatore Girone were picked up from the vessel on Sunday and arrested. A court near Kollam on Monday sent them to 14 days in custody, with the police given the first three days to interrogate them.

The Kollam chief judicial magistrate earlier gave Kollam police, who have taken over the investigation, a search warrant to trace the weapon on the ship.

Kochi Police Commissioner MR Ajith Kumar, who initially oversaw the probe, said that "till February 23, the investigation team will be free to take the two Italian security officials to places where they want to take forward the probe".

"The weapon used for shooting the fishermen has been kept under lock in the ship. A search warrant would help investigators go to the ship with the two accused and take possession of the weapon," said Kumar.

The family of Gelastine filed a petition in the High Court seeking a compensation of Rs 1 crore. The plea said the ship should not be allowed to leave Indian waters till the relief was paid.

Various fishermen's organisation held a protest march near the Kollam Collectorate and also in the state capital demanding that strong action should be taken against the Italians who shot dead the two fishermen. C Peter, who led the agitation in the state capital, said that they have raised the demand that the captain of the vessel should also be arrested.

A third petition on the incident was filed by A Basil, demanding that adequate compensation should be given to the family of the two fishermen. It would be heard on Wednesday along with the other two petitions.

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.