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Italian Marines Row: INDIA WALKS THE TALK By Monish Tourangbam, 22 March, 2013 Print E-mail

Round The World

New Delhi, 22 March 2013

Italian Marines Row

INDIA WALKS THE TALK

By Monish Tourangbam

Associate Fellow, Observer Research Foundation, New Delhi

 

All’s well that ends well. The diplomatic row which broke out between India and Italy after the latter refused to send back the two Marines accused killing two Indian fishermen off the coast of Kerala mistaking them for pirates has gone India’s way. In a welcome development, the Italian Government rescinded its earlier stand and has sent back the marines to face trial in India.

Recall, the two accused were allowed by the Supreme Court to visit Italy and cast their votes in the February national election on the explicit, promise by the Italian Government, through its Ambassador to India, Daniele Mancini that they would return to face trial.

The Italian Ambassador’s undertaking clearly specified that the marines would be “constantly under the care, custody, control, supervision” of the Ambassador, ensuring their due return to India and production before concerned authorities. 

Pertinently, this was the second time that the Italians had been allowed to go home on specific grounds. In December the Kerala High Court permitted them to go home for Christmas, and they returned to India. Undoubtedly, New Delhi was caught by surprise when the Italian Government issued a note verbale on 11 March informing the marines would not be sent back to face trial.

This is not all. Rome reiterated its position that the incident took place in the high seas beyond India’s maritime jurisdiction, but New Delhi claims the shoot-out took place within its territorial waters, and hence falls under Indian jurisdiction. 

Moreover, according to the Indian Coast Guard after the incident the ship on which the marines were travelling, continued sailing for almost three hours covering a distance of 39 NM from where the incident took place, and did not report the shoot-out until intercepted by the Indian Coast Guard. Against mandatory procedures that state such incidents have to be reported to the IMB Piracy Reporting Centre as soon as they occur.

But, this is not the crux of the issue in the current circle of events. The marines were facing a well-processed and completely transparent, unbiased trial in India and by transferring the case to the Supreme Court the Government had provided the requisite judicial space for Italy to challenge India’s point of view. But by deciding not to send back the marines for trial Italy has poured water in all efforts undertaken to resolve the matter amicably.

Undeniably, a new diplomatic tussle ensued with the Supreme Court deciding to extend, until further orders, its order of 14 March, restraining Ambassador Mancini from leaving India, since he failed to act on his undertaking to the Court promising the two accused would return.

Predictably, the Italian Government invoked the Vienna Convention to underscore complete diplomatic immunity for its Ambassador. At the same time, however, the Supreme Court holds that once a person has come to the Court as a petitioner he cannot claim any immunity.

Notwithstanding, the nuances of maritime laws and the Vienna convention, the heart of the matter was the complete breach of trust by the Italian Government and its official emissaries.

Besides, even as Rome accused New Delhi of not taking concrete steps towards a diplomatic resolution, such untimely and ill-advised step by the Italian side only widened gaps and instilled mistrust between the two Governments, whereby the situation threatens to adversely impact all other areas of cooperation.

Facing flak at home for letting the Italians off the hook, Prime Minister Manmohan Singh hardened his stance, terming Italy’s decision “unacceptable” he said, “Our Government has insisted that the Italian authorities respect the undertaking they have given to the Supreme Court and return the two accused… If they do not keep their word, there will be consequences for our relations with Italy.”

Chipped in UPA Chairperson and Italy-born Sonia Gandhi, Italy’s decision is “outright unacceptable”, retorting, “No country can, should or will be allowed to take India for granted. All means must be pursued to ensure that the commitment made by the Italian Government to our Supreme Court is honoured,” she added for good.

Notably, even the law firm through which the Italian Government filed the case in the Apex court, expressed shock stating they came to know of the Italian Government’s decision not to send back the marines only through the media as they “were not informed, consulted or forewarned at any point of time concerning this decision.” 

Prominent Indian lawyer Harish Salve asserted that he was “insulted and shocked” by Italy’s stand, and said he would no longer represent that country in court. Calling the situation “unprecedented”, he said Rome’s decision was “a breach of faith ... Now it’s a question of Indian prestige, prestige of the Supreme Court and the prestige of all of us is at stake and I think that the Government of India will be justified in the toughest steps it takes.”

Reflecting the grave situation, and the mistrust and uncertainty it incited in diplomatic relations between the two countries, the Italian Foreign Ministry website has warned its citizens to exercise caution when travelling in India. In retaliation New Delhi withheld posting of its Ambassador-designate Basant Kumar Gupta to Rome.

Worse, even the European Union jumped into the fray. The EU spokesman Michael Mann asserted the EU had taken cognizance of the Supreme Court ruling and was observing the situation, stressed that India had to respect the Vienna convention and the diplomatic immunity granted to the Italian envoy. 

This sentiment was echoed by EU’s Foreign Policy Chief Catherine Ashton who said, Any limitations to the freedom of movement of Italy’s Ambassador to India would be contrary to the international obligations established under this convention.”  

There was a small window, in which this matter could be resolved. The Indian Government scored majorly in this case by showing that it can indeed ‘walk the talk’. The Italian Government has taken a good decision by overruling a bad one.

Clearly, reneging on the undertaking by the highest emissary of the Italian Government in a foreign land was an ill-intentioned move which could have had negative consequences for the entire spectrum of India-Italy relations, in turn, complicating the dynamics of India-EU relationship.

Undoubtedly, with matters accelerating, India did not relent, and stood up to Italy and the EU. As the dignity and authority of the Supreme Court was in question, New Delhi, for a change, did well, to spell out in big, bold letters that no one could take the country for a ride.

The latest development would definitely come as a sigh of relief for the Government. But, this is also a lesson learnt the hard way that India needs to clearly define some red lines that no country, in the neighbourhood, or beyond, can cross when it comes to national interests of the country! ----- INFA

(Copyright, India News and Feature Alliance)

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