Italian Marines Case: Supreme Court Closes Criminal Proceedings with Compensation Settlement

The case of Massimilano Latorre & Others v. Union of India & Others revolved around a tragic maritime incident that took place on February 15, 2012, off the coast of Kerala. Two Indian fishermen, Valantine @ Jelestine and Ajeesh Pink, were shot dead by two Italian marines aboard the Italian Vessel M.V. Enrica Lexie. This case gained international attention and led to diplomatic tensions between India and Italy.

Background of the Case

Following the incident, an FIR (Crime No. 2 of 2012) was registered against the Italian marines under Section 302 IPC (murder) and other relevant provisions. The vessel was reportedly en route from Singapore to Egypt at the time of the incident.

The two Italian marines, Massimilano Latorre and Salvatore Girone, were identified as the ones who opened fire on the fishing boat. They were arrested and produced before the Chief Judicial Magistrate, Kollam. The marines challenged India’s jurisdiction to try them, arguing that the case should be adjudicated in Italy.

Legal Developments and International Arbitration

The Italian government pursued legal proceedings in both the Kerala High Court and the Supreme Court of India. They argued that under the United Nations Convention on the Law of the Sea (UNCLOS), the case should be handled by Italian authorities.

Meanwhile, the International Tribunal for the Law of the Sea (ITLOS) issued a Provisional Measures Order on August 24, 2015, directing India and Italy to suspend all court proceedings. Subsequently, an Arbitral Tribunal under UNCLOS delivered an award on May 21, 2020, affirming Italy’s jurisdiction while directing Italy to compensate India.

Key Issues in the Case

The case raised multiple legal questions:

Whether India had jurisdiction to try the Italian marines for an incident that occurred in international waters.
Whether Italy’s claim under UNCLOS was valid in preventing India from prosecuting the marines.
What amount of compensation should be paid to the families of the deceased fishermen and the owner of the boat?

Arguments by the Parties

Petitioners’ Arguments (Italian Marines and Italy)

The petitioners, led by senior advocate Suhail Dutt, contended:

The marines were acting in their official capacity and thus enjoyed immunity under international law.
India lacked jurisdiction as the incident occurred in international waters.
Italy had already paid ex-gratia compensation to the families of the deceased fishermen.
India should abide by the ruling of the Arbitral Tribunal and quash the criminal proceedings.

Respondents’ Arguments (Union of India and Kerala Government)

The Union of India, represented by Solicitor General Tushar Mehta, argued:

India had jurisdiction since the victims were Indian nationals and the offense had implications under Indian criminal law.
The actions of the Italian marines amounted to murder and could not be excused under diplomatic immunity.
The compensation awarded by the Arbitral Tribunal was insufficient compared to the nature of the crime.
India should have the right to prosecute the marines in Indian courts.

Supreme Court’s Judgment

The bench comprising Justice Indira Banerjee and Justice M.R. Shah examined the legal aspects and international obligations under UNCLOS. The court considered:

The ruling of the Arbitral Tribunal, which had directed Italy to take over the criminal investigation.
The compensation of Rs. 10 crores deposited by Italy in favor of the victims’ families and the boat owner.
The agreement between the Union of India, the Government of Kerala, and the victims’ families to accept the settlement.

Final Verdict

In its judgment, the Supreme Court ruled:

The criminal proceedings in India against the Italian marines were quashed under Article 142 of the Constitution.
The Rs. 10 crore compensation was to be distributed as follows:

Rs. 4 crores each to the families of the two deceased fishermen.
Rs. 2 crores to the owner of the fishing boat St. Antony.

The Republic of Italy would resume its own criminal investigation into the case.
India, Italy, and the State of Kerala were directed to cooperate in the investigation.

Impact of the Judgment

The ruling has significant implications:

It brings an end to a long-standing diplomatic dispute between India and Italy.
It sets a precedent on jurisdiction over maritime crimes involving foreign nationals.
The compensation settlement ensures that the victims’ families receive financial support.
It reinforces the importance of UNCLOS arbitration mechanisms in resolving international disputes.

Conclusion

The Supreme Court’s decision in the Italian Marines Case demonstrates the importance of balancing international obligations, diplomatic relations, and justice. By quashing the criminal proceedings in India while ensuring adequate compensation, the judgment provides a pragmatic resolution to a case that had remained unresolved for nearly a decade.

The appeal was allowed, and all criminal proceedings were quashed as per the settlement terms.

Petitioner Name: Massimilano Latorre & Others.
Respondent Name: Union of India & Others.
Judgment By: Justice Indira Banerjee, Justice M.R. Shah.
Place Of Incident: Kerala, India.
Judgment Date: 15-06-2021.

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