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Considerable differences with India over killing of Indian fishermen: Italy

It was within our EEZ.

And the 'effects' of that extend to the coastal state. So we are within the UNCLOS to prosecute the Italians as per our law.

Article27

Criminal jurisdiction on board a foreign ship

1. The criminal jurisdiction of the coastal State should not be exercised on board a foreign ship passing through the territorial sea to arrest any person or to conduct any investigation in connection with any crime committed on board the ship during its passage, save only in the following cases:

(a) if the consequences of the crime extend to the coastal State;


UNCLOS and Agreement on Part XI - Preamble and frame index

(b) if the crime is of a kind to disturb the peace of the country or the good order of the territorial sea;

(c) if the assistance of the local authorities has been requested by the master of the ship or by a diplomatic agent or consular officer of the flag State; or

(d) if such measures are necessary for the suppression of illicit traffic in narcotic drugs or psychotropic substances.


Section 188 -The Code of Criminal Procedure, 1973 (CrPc)

When an offence is committed outside India-

(a) By a citizen of India, whether on the high seas or elsewhere; or

(b) By a person, not being such citizen, on any ship or aircraft registered in India.

He may be dealt with in respect of such offence as if it had been committed at any place within India at which he may be found:

Provided that, notwithstanding anything in any of the preceding sections of this Chapter, no such offence shall be inquired into or tried in India except with the previous sanction of the Central Government.
 
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Italy slams Indian police for arresting its naval guards

Italy slams Indian police for arresting its naval guards

ROME: Italian authorities should be allowed to deal with allegations its forces killed two Indian fishermen, the foreign ministry said on Monday, criticising Indian police for arresting servicemen acting to protect a cargo ship from pirates.
The two Italian naval guards were part of a security detachment assigned to protect the merchant vessel Enrica Lexie from attacks in the Indian Ocean when the incident happened on Wednesday.
Indian authorities accuse them of firing on and killing unarmed fishermen. The naval guards, Massimiliano Latorre and Salvatore Girone, were arrested in the coastal town of Kochi and remain in custody.
Considerable uncertainty remains over exactly what occurred in the incident which risks straining relations between the two countries.

The Italian foreign ministry said in a statement the presence of armed guards on board the ship was allowable under Italian law and corresponded to United Nations resolutions concerning the fight against international maritime piracy.

"As things stand, there are considerable differences of a judicial nature," foreign minister Giulio Terzi told reporters.
"So far, I do not believe there has been the kind of collaboration between the states of India and Italy which could be hoped for and which could open a way out quickly," he said.


The ministry said the case should be handled by Italy "as the incident occurred in international waters on an Italian-flagged ship". It said the servicemen were state officials and as such enjoyed immunity with respect to foreign states.
"Contacts and collaboration between the two governments are essential to establish the facts in the face of unilateral actions being undertaken by police authorities," it said.
An Italian diplomatic team has been sent to India to help resolve the situation. A meeting with Indian officials ended without agreement, the foreign ministry said.
"FIRED INTO WATER"

Italy began assigning military teams to protect its merchant vessels in the Indian Ocean last year after a series of attacks by Somali pirates on Italian ships.
Pirates operating in small fishing vessels and fast motorboats have hijacked dozens of vessels in the region over recent years, extracting millions of dollars in ransom.
Italian daily La Repubblica quoted the captain of the Enrica Lexie, Umberto Vitelli, as saying the servicemen fired warning shots into the water as a fishing vessel approached.


The report he sent to the ship's owners and Italian authorities made no reference to any casualties. As cited by the newspaper, it said he assembled the crew in the control room when the fishing boat was first observed near his vessel.
"The military team had taken up position and warned the fishing boat several times not to approach before firing into the water," La Repubblica quoted his report as saying.


He said he was told soon afterwards that the boat was moving away and the situation returned to normal before Indian coast guard authorities requested his ship to proceed to Kochi to help with the identification of two suspected pirate vessels.
Italian newspapers have speculated that the vessel which approached the Enrica Lexie may not have been the same one as the boat on which the two fishermen were killed.

The daily La Stampa cited Italian servicemen on the ship as saying the vessel they deterred from approaching held five armed men, not the 11 unarmed fishermen Indian authorities say were aboard.
 
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I can't say much, but here's how alot of my Asian friends see Italy:

Before they go: Italy is sooo cool, soccer, Prada, Ferrari, omg!
After they go: ...............

I never been to italy so I can't say...
 
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I guess its now upto Madam Sonia ji to use her Italian connection to salvage the situations :coffee:
 
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Italy will reach out to its lobbyist in Indian capital to help them out in this matter.

The address of this Lobbyist is '10 janpath road'!!:taz:
 
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How could they have been mistaken as pirates , this is not the somali coast , piracy in these area is unheard of. This is just an excuse to get away.
 
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No worries their sister will take care of everything :azn:.
 
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