Italian Marines Case: Supreme Court orders closure of trial as Italy deposits compensation

In a long-overdue proceeding before the Supreme Court against two Italian Marines accused of killing two Indian fishermen off the coast of Kerala in 2012, on June 15, the apex court ordered the closure of all proceedings in India. The two accused are namely, Massimiliano Latorre and Salvatore Girone. 

The Supreme Court of India heard the Centre's application to close criminal cases against two Italian marines. SC has earlier stated that it will close the case only after the Indian government deposited a compensation amount of ₹10 crores (as received from Italy) with the top court. The two Italian soldiers were accused of killing two fishermen but an international tribunal decided that that duo must be tried in Italy.

The compensation is a mutually agreed amount between India and Italy in terms of the award fixed by an international tribunal.

The Court ordered, "This is a fit case to close all proceedings in India under Article 142 of the Constitution."

Advocate for Italy, Suhail Dutt submitted that India's jurisdiction ended as soon as Italy paid the compensation amount.

The Court informed its decision to quash all proceedings against the marines after being informed that the compensation amount for the family of the deceased has been deposited in the registry of the Supreme Court by the Republic of Italy. The Court said that Italy shall now resume the criminal proceedings in compliance with the UN tribunal.

A Division Bench of Justice Indira Banerjee and MR Shah said in the order, "Considering the tribunal order, Republic of India has agreed to the compensation of 10 crores. Republic of Italy has deposited it and it is now transferred to this court's registry. We are satisfied with the compensation and the ex-gratia paid over and above earlier. This is a fit case to close all proceedings in India under Article 142 of the Constitution."

What is the Italian Marines Case?

The two Kerala fishermen- Valentine Jalastine and Ajesh Binki were allegedly shot dead in February 2012 by the aforementioned Italian marines. They allegedly mistook the Kerala fishermen's boat 'St. Antony' for a pirate boat when it passed through the "Erica Lexie", a tanker flying with Girone and Latorre and the Italian Flag.

India was entitled to get compensation from Italy on the death of fishermen however the country could not conduct a prosecution due to Marines' sovereign immunity. On permission of the families of the victims who accepted the compensation, the Centre asked Supreme Court for the hearing.

The Permanent Court of Arbitration had in July, last year (seven years later), given its finding that two marines had immunity and would not be tried in India. The apex court had previously urged the Centre to set up a Special Court to try Italy's breach of India's freedom of navigation. Before the Supreme Court verdict, the Kerala High Court too found that the marines had no such immunity. 

Now both countries await the verdict from the International Tribunal under the United Nations Convention on the Law of the Sea.