Italian Marine case which is popularly known as Enrica Lexie Case, is a maritime dispute between India and Italy which also led to some diplomatic tensions between these nations.
It was a sunny day at Lakshadweep islands and Enrica Lexie a Italian oil vessel passing the area.
The marines of oil tanker fired shots at fisherman and killed two Indian fishermen returning from a fishing expedition.
Background:
- It all started in 2012 when two naval officers of Italy, who were recruited as security officers for a Private Italian oil vessel named Enrica Lexie, which was on its way to Egypt from Singapore, shot two Indian fishermen who were on their normal fishing expedition along the cost of kerala abroad on St. Antony.
- This incident occurred 20.5 nautical miles off the coast of Kerala which is within the Contiguous waters of India according to UNCLOS. In Contiguous zone, a country has the power to enforce laws in relation to customs, taxation, immigration and pollution.
- Indian Authorities intercepted the vessel and detained the marine officers- Salvatore and Massimiliano. Giving clarity, they said that they misunderstood the prisoners to be the pirates since piracy was very usual along that coast.
- This detention led to diplomatic tensions between two nations as there were conflicting views about which country has the legal jurisdiction to try those officers.
- They were kept detained in India with no formal charges till 2014. In 2013, they were given a temporary leave to visit their country. When they returned to Italy, the Italian government didn’t want them to go to India since they could be punished there with death penalty since according to Indian Penal Code, the murder may be punished with death sentence.
- But Indian government was adamant too. They however agreed that the officers would be kept at an Italian embassy in New Delhi.
- Finally in 2014, NIA framed murder Charges against them.
Decision of Kerala High Court:
This case came up before the Kerala High Court as Massimiliano Latore and Ors v. UOI, where the petitioners prayed the court to quash the charges against them.
The court held that:
(i) Italian marines can be subjected to legal jurisdiction under Indian Penal Code, 1860 since the Indian government has the right to maintain law and order in the coastal region and to suppress any illegal act there.
(ii) The sovereign immunity is not available to them as they were in charge of a private oil vessel which was undertaking a commercial activity. Moreover, the murder of two innocent Indians only under the threat of pirate attack is beyond sovereign immunity.
Decision of Supreme Court:
(i)When the matter was brought to the Supreme Court, it sat aside the judgement of Kerela High Court on the ground that the High Court has no jurisdiction to try that matter since the incident took place beyond their territorial jurisdiction. Moreover these two marines belonged to Italian Navy so the matters is between two nations where High Court can’t interfere.
(ii)The Supreme court directed UOI to set up a special court for this matter.
- European Parliament issued a resolution in 2015, stating that the detention of marine officers by Indian Government is gross violation of human rights since the officers were kept in detention without any formal charges till 2014.
- So Italy approached UNCLOS so as to evade the proceedings conducted by Indian Courts.. UNCLOS is an international body which facilitates dispute resolution between its members. India and Italy are also a part of it. UNCLOS provides four dispute resolution mechanisms to solve maritime disputes.
- Italy first approached ITLOS, contending that the marines should be allowed to stay in Italy where a trail would be started against them and pleaded that India should be barred from going ahead with the criminal prosecution of two officers.
ITLOS ordered both the countries to suspend all the proceedings against them and not to initiate any further proceedings.
- Italy then approached PCA which is situated in Hague. PCA is an intergovernmental organisation which is dedicated to dispute resolution and facilitates arbitration in many matters.
Decision of PCA:
PCA finally gave its decision by 4:1 majority in May 2020. The tribunal which gave the decision comprised of judges from Russia, Jamaica, South Korea, Italy and India. PCA ruled that:
- India doesn’t have the jurisdiction to try Italian marines.
- The Italian marines are entitled to functional immunity since they were on mission on behalf of Italian government.
- Criminal investigation against them is to be done by Italian government and India has to drop all criminal proceedings against the officers.
- However, PCA observed that the officers breached India’s freedom of Navigation thus India is entitled to compensation for loss of life, damage to property.