Giving a major setback to India, a European Country Italy has denied to return two Italian marines who were under trial in Kerala for allegedly killing two Indian fisherman and had been allowed by Supreme Court to go to their country for casting their votes.
The Italian Foreign Minister Monday announced that those two Italian marines would not go to India as India have not jurisdiction over the case.
"Italy has always argued that Indian authorities have violated their obligations under international law...especially the principle of immunity from trial by the organs of a foreign state and the United Nation Convention on the Law of the Sea," the foreign ministry said in a statement.
The decision not to send Massimiliano Latorre and Salvatore Girone, who had been allowed to come home to vote and meet their families, back to India was taken by Italy's defence and justice ministries in consultation with the prime minister's office, it said.
The Chief Minister of Kerala Oommen Chandy Tuesday termed the decision of Italy government as unacceptable. He said he would take up the issue with the external affairs ministry.
The Supreme Court in February allowed Massimiliano Latorre and Salvatore Girone, accused of killing two Indian fishermen to return to Italy to vote in the Feb 24-25 national elections. It had earlier allowed them to go home for Christmas.
"I am reaching Delhi (Tuesday) night and I will take this issue up with the external affairs ministry. We are also looking to take up this issue legally," Chandy told media after Italy announced that the marines will not be returning to India.
Chandy said, "You should see the earnestness in how Kerala pursued this case in the... courts and also in the apex court in the country. Our stand remains the same that they should stand trial here according to the Indian law."
In no way would this would be acceptable to Kerala, he said.
The apex court had ruled that the case need not be tried in Kerala, instead a special court be set up in Delhi.
The two marines have been at the centre of a year-long international row for allegedly shooting dead two Indian fishermen Ajesh Binki and Gelastine after mistaking them for pirates near the Kerala coast in February 2012.
Italy claims the incident occurred in international waters and has been trying to get Latorre and Girone tried in Italian courts, while India contends the shooting occurred in its own territory.
--With IANS Inputs--
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