By Irving Feng
Impunity Watch Reporter, Asia

THIRUVANANTHAPURAM, India – Italy denied the return of two military security personnel to India for the purpose of standing trial after the two security guards killed two fishermen off of India’s southern coast last February.

The two security guards were placed on the Italian tanker, Enrica Lexie, to protect the vessel at sea from pirates.  The guards encountered an Indian fishing vessel, which they described as hostile and approached the tanker in an aggressive manner.  The fishermen were unarmed.

After administering warnings to the allegedly aggressive fishermen, the two guards opened fire and killed the two fishermen off of India’s southern coast near Kerala.  The security guards allegedly responsible for the murder of the two fishermen had been detained in India except for a brief holiday when the men were allowed to return home to Italy to spend with their families.

More recently, the men were allowed to return to their home country to participate in their nation’s general elections.  The Italian government, however, issued a statement informing the international community that the two security guards would not return to India to stand trial for their crimes.

The Indian Supreme Court handed down a ruling that stated India had jurisdiction over the two security guards’ crimes and demanded the return of the two alleged murderers to stand trial in India courts under India’s rule of law.  Italy has denied India’s Supreme Court ruling, stating that the incident occurred in international waters and believes they should be tried at home in Italian courts.

Italy bases its decision to not return the security guards on its assertion that India’s court decision would violate the guards’ rights (specifically the principle of immunity for foreign state actors).  An Indian protest leader, however, believes that this decision by the Italian government will set negative international precedent that would encourage foreigners to murder innocent Indian people and escape.

A woman, identified as Dora who is the wife of one of the slain fisherman, denounces Italy’s decision and calls the entire fiasco a conspiracy against justice which needs to be exposed on the international stage.  The woman said that although the Italian government compensated the families for their losses, monetary compensation could not possibly rectify the losses suffered.

Dora demands that the Italian government return the two alleged murderers to stand trial so justice can be served.  Reports say that the Italian government paid the families of the fishermen 10 million rupees (equivalent to 124,000 British pounds).

For further information, please see:

BBC – India fishermen killings: Italian ambassador is summoned – 12 March 2013

The Guardian – India furious after Italy blocks return of marines for murder trial – 12 March 2013

News Bharati – Italy blocks Marines’ Indian murder trial – 12 March 2013

Reuters –  India summons Italian envoy over marine killings dispute – 12 March 2013