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Fishermen's killing: Families agree to out-of-court settlement with Italy

Aryavart

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KOCHI: More than two months after two Indian fishermen were shot dead, allegedly by Italian naval guards from aboard oil tanker Enrica Lexie, Italian authorities have come forward to settle the compensation claims. Initial reports indicate a compensation of Rs one crore for each victim's family.

For the past few days, a team consisting of the Italian defence minister and officials of that country's foreign affairs department had been in talks with counsels representing the dependents of the two fishermen, Valentine Jelestine and Ajeesh Pink, who died in the incident. Italy, incidentally, still claims that its marines were trying to thwart an attempted piracy attack off Kollam coast on February 15.

The Italians first approached C Unnikrishnan, counsel for Valentine's wife Dora, with the offer to settle the compensation claims through talks. After initial rounds of discussion with him, the counsel for Ajeesh's two dependent sisters, V M Syamkumar, was also roped in.

Along with the two counsels, priests of the two parishes where the fishermen resided also participated in the discussions. The first offer from the Italians was a compensation of Rs 70 lakh each. However, the dependents expressed their unwillingness to settle the claim, following which the offer was raised to Rs one crore each.

By Thursday afternoon, Italian authorities and the dependents of the victims arrived at a final decision to settle the compensation claims. Italian officials are planning to implead in the compensation suits at the Kerala high court on Friday morning as only the ship owners have been made a party as of now. Following this, both sides are planning to approach the court with a joint application to refer the matter for mediation through lok adalat.

The owners of the ship had earlier put forward an informal offer of Rs 35 lakh as compensation for the family of each victim but the offer was rejected outright by the dependents. The ship owners didn't revise their offer.
Fishermen's killing: Families agree to out-of-court settlement with Italy - The Times of India

Great soul and heart shown by the Italians but the victims families are so shameless they still want to extort more money from the Italian government. They should have accepted the offer and start a new life with that money instead of pulling it to court and wait for generations altogether. The victims families will never get that much compensation had it been with the Indian government even in their wildest dream, but it appears like they want to prove it to the world that their mentality is worst than that of the Somali Pirates

So the whole drama was only a part of the ransom payment procedure. It is sure that it must have been the 'ambulance chasers' who must have kept the demand high and must be taking a good percentage of the blood money. Now let us see where the high legalistic stand of the Government of Kerala goes? Will it close down the whole investigations about the killing of two Indina citizen on technically Inidan territory? Since it has taken up the case with so much fanfare and media hype, how it can close the case if blood money is paid? The delay in preferring a case of murder after all these three months just shows that the Government has not enough proof to punish the Italians who have been alleged to have killed the fishermen. It was keeping the Italians as prioners just to give time for the parties to settle the blood money issue out of court. Now Piravom by election is over and the money angle have been settled and the prisoners can be released forthwith. The very same way Pakistan with all its loud mouthed proclamations released the US citizen who shot two Pakistanis following him. What about the 'terrorist act' of the Italians? Were they not termed as terrorists by a presiding judge? Will the parish church also ask for a donation for repairing from the blood money?
 
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As far as I know family of fisher man do not control court. it is not there personal case which they can settle/

if families can settle case out of court , thn Arushi murder case could have been stopped years ago.
 
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As far as I know India does not have Sharia Law where one can escape punishment by paying blood money.
 
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guys this is in relation to the civil case filed by the families for compensation for the deaths of the fishermen . it has nothing to do with the criminal case of murder these guys are facing.
 
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Well The Cases are compoundable under section 320 are compoundable. Culpable homicide, either murder or not is not comloundable.
Even plea bargaining under section 265 A not possible those are only for offences punishable less than 7 yrs.

Hence even money paid to family case is their. The Circumstantial evidence will decide a case.
 
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But it will damage the case as main witness will be involved in settlement.
 
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They are families of victims, not witness. They were not present at the site of case. they didn't witnessed it
The survivors on the ship are witness if any settlement happen out of court with families of victim then they are most unlikely to testify.
So in criminal case specially murder case the witness playes major role
 
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No need depend on the mind and discretion of the court. if court is made up on his mind and understand what the country is, if believe on the Investigation officer and their reports. accused shall be punished. the evidences needed are that particular soldiars had fired and killed the fishermen. If that is prove that particular soldiars have fired at the fishermen they might be captured.

moreover the witness must say truth before a court. if any one deny before court to say truth or deny to answer any fact hard to say any thing.

court proceedings are stringent. its not so easy. In one case one witness has told all the things of one agreement to sale information, its hand writing, details, purchase of stamp paper, date of the agreement. he was a parrot like witness, however as the judge at last ask do you made any agrrement in your life, any tell the date of it, he could not answer that properly. hence it is necessary court will play active role.

The case is not easy its hard to prove who fired from a ship, if eye witnesses if any deny , its hard to presume or prove that present accused have fired from a ship............... God will give proper justice. however they r right now in a jail, it will be their that they shall be blamed for killing innocent fishermen.
 
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This is civil proceddings only surely? The state/federal govts can still push for prosecutions under criminal law, or does this beckon the end of the matter? Can't really comment on this decision- I can't put myself in the famillies' place, it is for them to decide what is best for them- money or justice.
 
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This is civil proceddings only surely? The state/federal govts can still push for prosecutions under criminal law, or does this beckon the end of the matter? Can't really comment on this decision- I can't put myself in the famillies' place, it is for them to decide what is best for them- money or justice.

I agree that we cannot think from the family POV. But as far as i guess , Fishermen were not so rich, So families need money for survival.

But it should be the duty of Indian juristication system to presecute thm under criminal laws. It is not only about family but also about killing indian fishermen So close to Indian water. If we stand firm on our case, They will never dare to repeat it again.

AFAIK blood money system is not active in India.
 
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Indian Church works for their westeren masters. In every district of the country they got agents who are paid commission to convert people. And these guys not only convert people with lure of money but also bad mouth Hinduisim.
By the end of century India would 50% mulsim and should have atleast 15-20% christian. This is the reason why probably this Yug is Called KAL YUG and destruction of this wrld is just around the corner and xcum from middle earth taking over India would mean end of world is near.
 
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Indian Church works for their westeren masters. In every district of the country they got agents who are paid commission to convert people. And these guys not only convert people with lure of money but also bad mouth Hinduisim.
By the end of century India would 50% mulsim and should have atleast 15-20% christian. This is the reason why probably this Yug is Called KAL YUG and destruction of this wrld is just around the corner and xcum from middle earth taking over India would mean end of world is near.

There is not a problem of fair conversion or conversion with free consent. even in contract free consent is necessary otherwise its void or voidable. POP had told once "Conversion is a divine work" as they are converted them to the Christians. However it should be taken into the mind that except india there is no like "vasudhev kutumbkam", all are selfish country however on some count they are good or bad, but like India they are not believe to be a Good. they believe only in politics.
and There is no respect for other religion. all the religion heads of Christians and Muslims are only believe to their religion and its concepts. they are Anti Hinduism too., which is not in hindus. hindus are not anti islamic or anti christians. Moreover whatever religion is one should follow its rules and concepts. if islam said for peace and muslim believes in peace breaking no purpose is solved. then there is only symbolic religion and not a true religion.

Islam believes in non alcoholic because its started at Desert, where drinking is not necessary like cold area, in desert people love greanary and hence green colour is one part of islam. they love moon as son is give hit in desert. so the situation had created like dislike of the religion.

Hindu is not a Religion its Truth of Life. like the Science if you say particular type of animal is a human. it means they are that. the concepts of hinduism can be proved by the science. however as any person add his own idea religion concepts are changed. and does not have purety 100%. In hinduism there is no concept that to do something or not its depend on mind. In geeta its said person who believes in god or not both are I. means everything is god.

The clashes are only there where the people try to highlight their religion and dislike other concept and give coments on other religion. avoid it. whoever follow whichever religion its his choice. the necessary is only one. Be Good, Do Good,

Bush president once said christian is greatest religion amongst all religion. ask him one question what he know about Hinduism, or Islam or about his own religion. Blind beliefs are just a non sence. Whoever says his religion is better first understand your religion, then read kuran, geeta and bible and then decide independently whose religion was better.

the priest who brought the apple in india had came to india to convert people from hindu to christians. but he himself converted in to the hindu.
 
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The center has expressed the view that Kerala does not have rights to arrest the Italian marines as it is beyond its jurisdiction. This will weigh in on whether the court can try the marines or not.
 
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No if so once money paid to the family game shall over. However idian government may decide to file case at Italy.
But Doubt that Italian God mothwr permit for that.
 
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