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Rome and Delhi Race to Interpret Vague UN Court Ruling on Arrested Marine

© AFP 2023 / STRDEL Italian marines Latore Massimiliano (2L) and Salvatore Girone (2R) are escorted by Indian police outside a court in Kollam on May 25, 2012
Italian marines Latore Massimiliano (2L) and Salvatore Girone (2R) are escorted by Indian police outside a court in Kollam on May 25, 2012 - Sputnik International
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A UN tribunal has issued a vague ruling on the fate of an Italian marine who has been arrested in India for murder.

Both India and Italy are attempting to interpret the verdict of the Permanent Court of Arbitration in The Hague to suit their own viewpoint regarding the detained marine.

The naval officer, Salvatore Girone, was arrested in 2012 along with his colleague Massimiliano Latorre for inadvertently fatally shooting two fishermen off the coast of Kerala in southern India. The incident sparked a diplomatic row: Italy argues that they mistook the local fishermen for pirates and that they were in international waters. However, India has contested these claims. While Latorre had already reached Italy by 2014, citing medical conditions, Girone is still sheltered in the Italian embassy in India. 

​Following the bilateral spat, the UN tribunal ruled: ""Italy and India shall cooperate, including in proceedings before the Supreme Court of India, to achieve a relaxation of the bail conditions of Sergeant Girone so as to give effect to the concept of considerations of humanity, so that Sergeant Girone, while remaining under the authority of the Supreme Court of India, may return to Italy during the present arbitration."

Both the countries had earlier agreed to adhere to the UN court but they have now locked horns over the interpretation of this cryptic message.   

© AP Photo / Gregorio BorgiaDemonstrators hold the pictures of Italian marines Salvatore Girone, left, and Massimiliano Latorre during a protest calling for their release in Rome (File)
Demonstrators hold the pictures of Italian marines Salvatore Girone, left, and Massimiliano Latorre during a protest calling for their release in Rome (File) - Sputnik International
Demonstrators hold the pictures of Italian marines Salvatore Girone, left, and Massimiliano Latorre during a protest calling for their release in Rome (File)

The initial response from the Italian foreign ministry was that the judgment paves the way for the Italian marine to return to his home country.

"This is good news for the marines, their families and for the reasons maintained by the government and our legal team," said the Italian foreign ministry.

On the contrary, a statement from Indian foreign ministry spokesperson, Vikas Swarup read: "We believe the government's consistent positions and key arguments in this particular case have been recognized by the tribunal. The authority of the Supreme Court has been upheld. We remain confident that the issue of jurisdiction will be determined in our favor."

The statement further added: "In its order today, the Arbitral Tribunal unanimously prescribed that India and Italy would approach the Supreme Court of India for relaxation of the bail conditions of Sgt. Girone."

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