Italian marines case | India loses jurisdiction
4 years, 6 months ago

Italian marines case | India loses jurisdiction

The Hindu  

The Government of India said it was studying an international tribunal’s ruling that the Italian marines accused of killing two fishermen in the waters off Kerala on February 15, 2012, held “immunity” and would face a trial in Italy, not India. While the tribunal held in Italy’s favour the main submission, of jurisdiction, it found merit in India’s counter-claim that the marines on board “Enrica Lexie” had violated the freedom of navigation rights under the United Nations Convention on the Law of the Sea by shooting at fishing boat “St. Ministry of External Affairs spokesperson Anurag Srivastava said, “The tribunal observed that India and Italy had concurrent jurisdiction over the incident and a valid legal basis to institute criminal proceedings against the marines. As a result, Italy will resume its criminal investigation into the ‘Enrica Lexie’ case, while India “is required” to cease exercising its jurisdiction on the marines.

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History of this topic

Italian Marines: SC Grants Three Weeks to Vessel Owner to Reply to Kerala Fishermen's Plea for Compensation
3 years, 3 months ago

Italian Marines: SC Grants Three Weeks to Vessel Owner to Reply to Kerala Fishermen's Plea for Compensation

News 18  

The Supreme Court Monday granted three weeks’ time to the owner of the fishing vessel to respond to a plea of some Kerala fishermen seeking shares from Rs 2 crore compensation, to be paid to him for the 2012 incident in which his boat ‘St Antony’ was fired at by the Italian marines killing two fishermen. A bench comprising Justices …

Italian Marines Case: SC Asks Kerala HC Not to Disburse Compensation to Fishing Vessel Owner
3 years, 4 months ago

Italian Marines Case: SC Asks Kerala HC Not to Disburse Compensation to Fishing Vessel Owner

News 18  

Taking note of a plea by some fishermen seeking compensation, the Supreme Court Thursday directed the Kerala High Court not to disburse any amount from Rs 2 crore earmarked for the owner of fishing boat ’St Antony’ in which two fishermen were killed by Italian marines in 2012. A bench comprising Justices Indira Banerjee and V Ramasubramanin considered the plea …

Closure, compensation: The Hindu Editorial on the closure of the Italian marines case
3 years, 6 months ago

Closure, compensation: The Hindu Editorial on the closure of the Italian marines case

The Hindu  

Nine years after two Italian marines shot dead two fishermen off Kerala under the belief that they were pirates, the criminal proceedings against them are set to be formally closed. The Permanent Court of Arbitration, a tribunal under the United Nations Convention on the Law of the Sea, had last year ruled that even though India and Italy had concurrent …

Dramatic Twists Of Enrica Lexie-Italian Marines Case : A Time Line Of 9 Years
3 years, 6 months ago

Dramatic Twists Of Enrica Lexie-Italian Marines Case : A Time Line Of 9 Years

Live Law  

The highly sensational Enrica Lexie -Italian Marines case relating to the killing of two Indian fishermen in a sea-firing incident nine years ago, which at one point sparked off diplomatic frictions between India and Italy, has attained a peaceful burial, at least as far as local proceedings are concerned.The Supreme Court today quashed the criminal cases against the two Italian. …

EXPLAINED: 9 Yrs And Rs 10-Cr Later, How Italian Marines Got SC Relief In Kerala Fishermen Shooting Case
3 years, 6 months ago

EXPLAINED: 9 Yrs And Rs 10-Cr Later, How Italian Marines Got SC Relief In Kerala Fishermen Shooting Case

News 18  

The Supreme Court has ordered closure of the headline-grabbing Enrica Lexie or Kerala fishermen shooting case in which two Italian marines were implicated. With the two marines in police custody in Kerala, the Italian government moved Kerala High Court seeking the quashing of the FIR lodged against them. But the Italian government moved the Supreme Court against this decision, which …

SC closes criminal cases against Italian marines in Kerala fishermen shooting
3 years, 6 months ago

SC closes criminal cases against Italian marines in Kerala fishermen shooting

Deccan Chronicle  

New Delhi: The Supreme Court on Tuesday ordered the closure of all proceedings in India against two Italian Marines -- Massimiliano Latorre and Salvatore Girone -- accused of killing two fishermen off the coast of Kerala in 2012. The top court also directed the Kerala government, Union of India and the Republic of Italy to ensure that the criminal proceedings …

Fishermen killing: SC orders closure of court proceedings in India against two Italian marines
3 years, 6 months ago

Fishermen killing: SC orders closure of court proceedings in India against two Italian marines

The Hindu  

The Supreme Court on Tuesday ordered the closure of court proceedings in India against the two Italian marines who allegedly killed two fishermen off the Kerala coast after mistaking them for pirates in 2012. “We are satisfied that the compensation of ₹10 crore, over and above the ex-gratia amount already paid to the heirs of the deceased fishermen, can be …

SC Relief for Italian Marines Accused of Shooting Dead 2 Kerala Fishermen. A Timeline of the Case So Far
3 years, 6 months ago

SC Relief for Italian Marines Accused of Shooting Dead 2 Kerala Fishermen. A Timeline of the Case So Far

News 18  

The Supreme Court on Tuesday closed all criminal cases against two Italian marines who were accused of shooting dead two Indian fishermen off the Kerala cost in 2012. Here’s the timeline of the case so far: • On February 15, 2012, two Indian fishermen returning from a fishing expedition near Lakshadweep islands onboard fishing vessel St Antony were gunned down …

After Payment of Rs 10 Cr, SC Closes Case Against Italian Marines Accused of Killing 2 Kerala Fishermen
3 years, 6 months ago

After Payment of Rs 10 Cr, SC Closes Case Against Italian Marines Accused of Killing 2 Kerala Fishermen

News 18  

The Supreme Court on Tuesday closed the criminal proceedings in India against two Italian marines after payment of Rs 10 crore compensation. Referring to the international arbitral award and the terms of the agreement among India, Italy and the Kerala government, a vacation bench comprising justices Indira Banerjee and M R Shah on Friday had said the case against marines …

Supreme Court Quashes Criminal Cases Against Italian Marines In Enrica Lexie Case Accepting Compensation
3 years, 6 months ago

Supreme Court Quashes Criminal Cases Against Italian Marines In Enrica Lexie Case Accepting Compensation

Live Law  

Accepting the compensation of Rupees 10 crores deposited by the Republic of Italy, the Supreme Court on Tuesday quashed the criminal proceedings pending in India against against two Italian Marines -Massimilano Latorre and Salvatore Girone - with respect to the 2012 sea-firing incident near Kerala coast which killed two Indian fishermen. The Supreme Court also observed that Republic of Italy …

SC to give order next week on disbursal of compensation to kin of Kerala fishermen
3 years, 6 months ago

SC to give order next week on disbursal of compensation to kin of Kerala fishermen

Deccan Chronicle  

New Delhi: The Supreme Court on Friday said it would pass orders on June 15 on disbursal of Rs 10 crore compensation to family members of two Indian fishermen allegedly killed by Italian Marines off the Kerala coast in February 2012 and made it clear that Italy would prosecute them. A vacation bench of justices Indira Banerjee and M R …

Fishermen killing case: Italy has paid ₹10 cr. to families, Centre informs SC
3 years, 6 months ago

Fishermen killing case: Italy has paid ₹10 cr. to families, Centre informs SC

The Hindu  

The Centre informed the Supreme Court on Friday that Italy has paid ₹10 crore compensation for disbursal among the families of fishermen allegedly shot dead/injured by two Italian marines detailed on Enrica Lexie, an Italian-flagged vessel in 2012, who mistook them for pirates off the coast of Kerala. Italian marines case | India loses jurisdiction Earlier this year, the government …

Enrica Lexie Case : Italy Deposits Rs 10 Crores Compensation; Supreme Court Reserves Orders On Quashing Criminal Proceedings Against Italian Marines
3 years, 6 months ago

Enrica Lexie Case : Italy Deposits Rs 10 Crores Compensation; Supreme Court Reserves Orders On Quashing Criminal Proceedings Against Italian Marines

Live Law  

Taking note of the deposit of Rupees 10 crores compensation made by the Republic of Italy, the Supreme Court on Friday reserved orders on the application field by the Central Government to quash the criminal proceedings pending in India against two Italian Marines -Massimilano Latorre and Salvatore Girone - with respect to the 2012 sea-firing incident near Kerala coast which …

Italy Yet To Deposit Rs 10 Crores Compensation, Centre Tells Supreme Court In Enrica Lexie-Italian Marines Case
3 years, 8 months ago

Italy Yet To Deposit Rs 10 Crores Compensation, Centre Tells Supreme Court In Enrica Lexie-Italian Marines Case

Live Law  

The Republic of Italy is yet to deposit before the Central Government the Rupees 10 crores compensation in the Enrica Lexie case related to the killing of two Indian fishermen by Italian Marines in 2012.This was informed by the Union of India before the Supreme Court on Monday.A bench headed by the Chief Justice of India was hearing the application …

Deposit Compensation for Indian Fishermen Killed by Italian Marines, SC Tells Centre
3 years, 9 months ago

Deposit Compensation for Indian Fishermen Killed by Italian Marines, SC Tells Centre

News 18  

The Supreme Court Friday directed the Centre to deposit in its account the compensation given by Italy for the kin of two Indian fishermen killed by Italian Marines off the Kerala coast in February 2012. It said that one week after the compensation is deposited in its account, the top court will hear the Centre's plea for closure of case …

Enrica-Lexie Case : Supreme Court To Hear Centre's Plea To Dispose Pending Applications On April 9
3 years, 9 months ago

Enrica-Lexie Case : Supreme Court To Hear Centre's Plea To Dispose Pending Applications On April 9

Live Law  

Supreme Court has on Wednesday agreed to hear on Friday, April 9th the interim application filed by the Union of India in the matter of two Italian marines accused of killing two Indian fishermen off the Kerala coast in February 2012.A three-judge Bench of CJI Bobde, Justice Bopanna and Justice Ramasubramanian made the observation after a request for urgent hearing …

Italian marines case: SC says govt can’t withdraw case till Kerala families paid
4 years, 5 months ago

Italian marines case: SC says govt can’t withdraw case till Kerala families paid

Live Mint  

NEW DELHI: The Supreme court on Friday refused the government’s plea to withdraw the petition in Enrica Lexie case, until the families of the two Kerala fishermen, who were shot dead by two Italian marines, are heard and they are compensated. Bring the cheques and the kin of victims here.” The case goes back to 2012 when two Italian marines, …

Let Italy Compensate Families of Victims: Supreme Court Sets Condition to Close Marines' Case
4 years, 5 months ago

Let Italy Compensate Families of Victims: Supreme Court Sets Condition to Close Marines' Case

News 18  

The Supreme Court made clear to the Centre on Friday that it would not pass any order on the plea seeking closure of cases against two Italian marines, accused of killing two Indian fishermen, without hearing the victims' families. A bench headed by Chief Justice SA Bobde allowed the Centre to file fresh plea making the victims' family members parties …

India must not cast anchor in ‘Enrica Lexie’
4 years, 6 months ago

India must not cast anchor in ‘Enrica Lexie’

The Hindu  

Italy has achieved its basic objective in the Enrica Lexie-St. Antony matter. Editorial | Lessons for India: On Italian marines case ITLOS had asked both countries to “suspend all court proceedings” and “refrain from initiating new ones” that may “aggravate the dispute” or prevent the implementation of the Arbitral Tribunal’s decision. The Ministry of External Affairs statement on the award …

Italian Marines-Enrica Lexie Case : Deciphering PCA Award In 'The Italian Republic v The Republic Of India'
4 years, 6 months ago

Italian Marines-Enrica Lexie Case : Deciphering PCA Award In 'The Italian Republic v The Republic Of India'

Live Law  

Let's begin with the gains. India's gains : 1.PCA Award finds that by interfering with the navigation of the "St. Antony" Italy has acted in breach of Article 87, paragraph 1, subparagraph, and Article 90 of the Convention. 2.The Award then reaffirms that Italy has breached Article 87, paragraph 1, subparagraph, and Article 90 of the Convention but holds that …

Will accept tribunal ruling in marines case, Centre tells SC
4 years, 6 months ago

Will accept tribunal ruling in marines case, Centre tells SC

The Hindu  

The Centre informed the Supreme Court on Friday that it has decided to “accept and abide” by an international tribunal’s ruling that the Italian Marines accused of killing two fishermen off the coast of Kerala on February 15, 2012 enjoy immunity and are outside the jurisdiction of Indian courts. The two were detailed on the Italian ship ‘Enrica Lexie’ when …

Lessons for India: The Hindu Editorial on Italian marines case
4 years, 6 months ago

Lessons for India: The Hindu Editorial on Italian marines case

The Hindu  

The long quest for justice for the two Kerala fishermen shot dead by Italian marines from the Enrica Lexie about 20.5 nautical miles off India’s coast in February 2012 has ended in disappointment. The Permanent Court of Arbitration in The Hague admitted that both India and Italy had concurrent jurisdiction in the matter but concluded that the marines’ immunity precluded …

Decided To Accept & Abide By PCA Award In Enrica Lexie Case, Centre Tells SC; Seeks Disposal Of Pending Cases
4 years, 6 months ago

Decided To Accept & Abide By PCA Award In Enrica Lexie Case, Centre Tells SC; Seeks Disposal Of Pending Cases

Live Law  

In light of the recent award passed in the Enrica Lexie case by the Permanent Court of Arbitration, an application has been filed on behalf of Union of India, seeking disposal of the matters pending in the Supreme Court regarding the criminal proceedings against Italian marines in respect of the incident of firing of fishing boat near Kerala shores on …

India entitled to compensation in Italian marines case, rules international tribunal
4 years, 6 months ago

India entitled to compensation in Italian marines case, rules international tribunal

Deccan Chronicle  

New Delhi: More than eight years after two Italian marines on board a ship had allegedly fired at and killed two Indian fishermen off the coast of Kerala on February 15, 2012, an international Arbitral Tribunal has held that the actions of the Italian military officers and their country Italy breached India’s freedom of navigation under international laws. In a …

Italian Marines Case: India Entitled to Compensation, Rules PCA
4 years, 6 months ago

Italian Marines Case: India Entitled to Compensation, Rules PCA

The Quint  

The ‘Italian Marines’ case, as it has come to be known, arose out of an incident on 15 February 2012, approximately 20.5 nautical miles off the coast of Kerala. Two Italian marines – Massimiliano Latorre and Salvatore Girone – on board the Italian-flagged oil tanker MV Enrica Lexie, opened fire on the Indian fishing boat, St. Antony. The incident took …

[Breaking] Enrica Lexie Case: Permanent Court Of Arbitration Holds Italy Liable To Compensate India; Asks India To Drop Prosecution Against Marines
4 years, 6 months ago

[Breaking] Enrica Lexie Case: Permanent Court Of Arbitration Holds Italy Liable To Compensate India; Asks India To Drop Prosecution Against Marines

Live Law  

The Permanent Court of Arbitration, in Enrica Lexie case, has unanimously held that India is entitled to claim compensation from Italy. The Tribunal pronounced an Award in Enrica Lexie Case holding that Italy has acted in breach of the Article 87, paragraph 1, subparagraph, and Article 90 of the United Nations Convention for the Law of the Sea and that …

Remembering Enrica Lexie - Italian Marines Case On 8th Year Of Sea Firing
4 years, 10 months ago

Remembering Enrica Lexie - Italian Marines Case On 8th Year Of Sea Firing

Live Law  

On February 15, 2012, when the fishing boat 'St. This was the beginning of Enrica Lexie - Italian Marines case, which sparked diplomatic tensions between India and Italy. Justice Kabir said in the judgment that "The incident of firing from the Italian vessel on the Indian shipping vessel having occurred within the Contiguous Zone, the Union of India is entitled …

Court begins hearing in Italian marines’ case
5 years, 6 months ago

Court begins hearing in Italian marines’ case

The Hindu  

An international arbitration court on Monday began hearing into Italy’s request to direct India to drop all criminal prosecution against two Italian marines accused of killing two Indian fishermen off the Kerala coast in 2012 and grant Rome jurisdiction in the case. Italy’s representative Francesco Azzarello told the court on Monday that Rome should have jurisdiction over the case because …

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