Tag: Enrica Lexie

India: Centre seeks legal view in Italian marines case

Special court to try Italian marines

The killing of two Indian fishermen has raised questions on armed protection In the last couple of years, merchant shipping has witnessed the introduction of armed guards on ships, especially those transiting the high risk areas affected by Somalian piracy. The International Maritime Organisation (IMO) and various national governments advised the shipping community to follow 'best management practices'.Countries deployed naval ships to protect merchant ships in vulnerable regions. Unfortunately, piracy continued unabated. Navies had to intensify their efforts and monitor and co-ordinate more effectively.somalian piracyThe current scenario is that Somalian piracy has been slightly reduced, but is nowhere near eradication.The debate on the use of arms on board merchant ships is not new. The urgency created by the Somalian pirates, however, paved way for a quick decision in the matter, although the international community is still divided on the issue.Several countries have now allowed merchant ships to engage armed guards, either from the navy or from private sources. Increasingly, this was seen as an easy solution to the scourge of piracy; and the experience so far proves that pirates have not abducted any ship with armed guards on board. However, the move towards complacency about the success of the system ...

Due to the ship's 76-day detention at Kochi Naples-based Dolphin Tanker Srl, owners of Italian oil tanker Enrica Lexie which was involved in the killing of two Indian fishermen on February 15 off the Kerala coast, is planning to approach the court to seek compensation from the Kerala Government for the alleged losses it suffered due to the ship's 76-day detention at Kochi.The company says that it had suffered losses to the tune of several crores of rupees in terms of handling charges paid to the Kochi Port Trust, other expenses and loss of business due to the long and allegedly unnecessary detention. The company's counsel said that they would approach the court "at the earliest".The ship, which berthed at Kochi port on February 17 some 40 hours after the killing of the fishermen, was in detention till May 4, the day it left the Indian shores on the basis of a Supreme Court order after furnishing a bond for Rs 3 crore and a demand draft for equal amount, which itself was cause of a dispute.The company says that the State Government had extended the detention of the vessel unnecessarily even after all legal procedures for which it was ...

Enrica Lexie, would not be allowed to sail off the Kerala coast unless there was an assurance The Supreme Court on Tuesday warned that Italian ship Enrica Lexie involved in the killings of two fishermen would not be allowed to sail off the Kerala coast unless there was an assurance that marines and other staff, who were witnesses in the case, would be produced as and when required during the trial in the case.A bench of Justices R M Lodha and H L Gokhale allowed the Italy government to clarify its stand by Wednesday morning in this regard. "If you don't assure us, it is simple, we can't allow the ship to go otherwise," the bench told senior advocate Harish Salve, appearing for the Republic of Italy.Salve submitted "no court here could ask us to do anything as we claimed sovereign immunity under the laws of the sea.""It is quite strange, you have applied for admiralty suit and now questioning the jurisdiction of Indian laws," the court said.The apex court on Monday questioned the agreement entered into by the Italy government on April 24 and Doramma, wife of one of the deceased fishermen, after paying her Rs 1 crore and ...

While guarding Italian merchant vessel Enrica Lexie, they mistook the fishermen for pirates The Italian government has offered a compensation of Rs. 1 crore to the families of the two Indian fishermen allegedly shot dead by two Italian marines on February 15. Sources say the Italian government representatives and victims' families are drafting an agreement to be presented before the Kerala High Court today.Italy's Defence Secretary also met with the families and the shipping company to plan an out-of-court settlement.The two Italian marines, Latore Massimiliano and Salvatore Gironi, were arrested for allegedly gunning down two Indian fishermen off Kollam coast on February 15. They were guarding Italian merchant vessel Enrica Lexie when they allegedly mistook the fishermen - Ajesh Binki, 25, from Tamil Nadu and Jelestine, 45, from Kerala - for Somalian pirates and fired at them.Mr Massimillano and Mr Girone, the two accused Italian marines, were booked for murder and arrested on February 20, their remand since extended till April 30 by a court in Kollam.Source: NDTV

Allowing the Italian ship, M.T. Enrica Lexie to sail out of the Indian waters A Division Bench of the Kerala High Court on Tuesday set aside a single judge's order allowing the Italian ship, M.T. Enrica Lexie, detained off Kochi following the killing of two fishermen by two Italian navy marines on board the ship, to sail out of the Indian waters and continue its voyage.A Bench comprising Acting Chief Justice Manjula Chellur and Justice V. Chitambaresh passed the verdict while allowing an appeal filed by a legal heir of one of the killed fishermen against the order. The single judge had directed the police to permit the ship to continue its voyage on furnishing a bond for Rs. 3 crore and an undertaking before the Deputy Conservator, Cochin Port Trust that the vessel, master, and the crew would be produced as and when required by the authorities concerned.The court held that in view of the seizure report filed under 102(3) of the Criminal Procedure Code by the police before the magistrate court concerned, the proper course for the ship agent would have been to proceed under Section 457 seeking to release the vessel from the custody of the police. ...

Enrica Lexie case updates A court here on Monday extended by 14 days the judicial remand of two marines of Italian ship 'Enrica Lexie', charged with gunning down two Indian fishermen off the Kerala coast in February.The marines, Latore Massimiliano and Salvatore Girone, have been in remand since February 19 when they were arrested and charged with murder of the two fishermen who had put to sea from Kollam.The marines were brought from Central Prison in the state capital and produced before Chief Judicial Magistrate A.K. Gopakumar on expiry of the deadline of their judicial custody.The accused are lodged in a special cell in the central prison. The state government has resisted diplomatic pressure from Italy to have them lodged in a guest house outside the prison and the case tried outside India under international maritime laws.A special team led by Kochi City Police Commissioner M.R. Ajith Kumar is investigating the case. It has seized the firearms allegedly used by the marines from the ship and sent them to the Government Forensic Laboratory for ballistic examination and analysis.Source: Deccan Chronicle

Kerala high court orders release of Italian ship The Kerala high court yesterday ordered release of Italian ship Enrica Lexie, detained off Kochi port for over a month in connection with the gunning down of two Indian fishermen allegedly by marines aboard the vessel.Allowing the plea of ship owners Dolphin Tankers, Justice P S Gopinathan directed the state government and police to release the ship, subject to the owners executing a Rs 3 crore bond before the deputy conservator of Cochin Port Trust.The court also directed the shipping company to give an undertaking that the vessel, its master and crew would appear as and when called upon by competent authorities with three weeks' prior notice.On the argument of Advocate General K P Dandapani that other marines (on board the ship) could also be required as part of the investigation, the court said release of the vessel should not interfere with the probe.The owners argued they could not take responsibility of the marines as they were not part of the ship's crew and they were deputed by the Italian navy for security. The two fishermen, Valentine Jalstine and Ajesh Pinki, were killed when the marines allegedly fired at their fishing boat ...

Search of the Italian vessel Enrica Lexie Kerala Police will commence the search of the Italian vessel 'Enrica Lexie', to seize the firearms allegedly used by the marines to shoot the two fishermen off Kerala coast on the February 15. The court has issued a search warrant for the same. Forensic experts will also cooperate with the search operations. Enrica Lexie, which is anchored in the international waters will be brought to Indian territorial waters at Kochi for the search.The Judicial Magistrate of Kollam First Class Court I had accepted yesterday, the defence counsels plea seeking the presence of representatives of the Italian government during the ballistic examination of the weapons in the ship. Assistant Public Prosecutor Majula Itty said that the presence of Italian representatives was not objected as it would only lead to greater transparency in the case.The court however had stated that it need to be informed abot the names of the representatives in advance. Only if the list of those appearing would be handed over would it permit them to be present during the investigation.Though the court accepted the presence of Italian government representatives it rejected the request for a joint probe.Meanwhile, Judicial Magistrate of Kollam, ...