New Delhi:
The Ministry of External Affairs will lodge a strong protest with the Italian ambassador in New Delhi over the refusal of his country to send back two marines charged with killing two Kerala fishermen at sea last year, sources have told NDTV. The envoy, Daniele Mancini, had given a commitment to the Supreme Court in February that the two men would come back; he will be told that the two marines must return. The marines, who were in Delhi, were permitted by the court to spend four weeks at home to vote in national elections.
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Italy's Foreign Ministry wrote to India last night to say the marines, Massimiliano Latorre and Salvatore Girone, will not return to face murder charges in India. Prime Minister Manmohan Singh said this is "unacceptable".
The Indian government's dilemma: How to get the men back to face trial here. Government sources say options are limited and a political call is needed. One option, they say, is to expel the Italian envoy since he had given an undertaking in court that the men would be back. But a section of the government reportedly argues that this will only escalate a diplomatic row.
Another option being weighed is to continue the trial here in the absence of the two men, and if they are found guilty, seek an Interpol notice for their arrest. But, sources say, not many in the government feel this is viable.
A third option being looked at, say sources, is approaching the International Criminal Court, but India has insisted that this case is in its jurisdiction and is not keen to take it to an international forum.
Italy says that it is open to international mediation, but trying the sailors in India violates their rights and the principle of immunity for foreign state actors. Rome says they should be tried in an Italian court and that the shooting happened in international waters, which India disputes.
The main opposition party, the BJP, has accused the government of a diplomatic failure, and will demand an explanation in Parliament tomorrow.
The marines were scheduled to return to India on March 23. They had also been allowed by the Supreme Court to spend nearly two weeks at home for Christmas and had come back to India then.
Italy says the marines were part of an anti-piracy military security team for a cargo ship and shot the fishermen because they thought they were pirates.
In Kerala, the wife of one of the fishermen who was shot said: "This is nothing but a conspiracy at the highest level." The woman, who uses just her first name, Dora, said, "The Indian government should see that they bring back the two marines to stand trial in the case in our country."
Kerala Chief Minister Oommen Chandy said Italy's decision is unacceptable and said he will urge the Foreign Minister to escalate the issue. The Supreme Court ruled earlier this year that the men should be tried by a special court to be set up by the central government in consultation with the chief justice. The decision removed the case from the jurisdiction of Kerala.
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