The International Arbitration Tribunal on the case of the marines agreed with Italy. The judges recognized the "immunity" of the Fusiliers of Marina Massimiliano Latorre and Salvatore Girone in relation to the events that occurred on February 15, 2012 and India would therefore be precluded from exercising its jurisdiction over them.
Ansa has announced that the Court has recognized that the military were Italian state officials, engaged in the exercise of their functions. The jurisdiction of the Lexie case is therefore of Italy. Furthermore, according to the Court "Italy has violated the freedom of navigation and will therefore have to compensate India for the loss of life, physical damage, material damage to the vessel and non-material damage suffered by the captain and other crew members of the Indian fishing vessel Saint Anthony", on board of which the two fishermen of Kerala died.
"In this regard, the Court invited the two parties to reach an agreement through direct contacts".
The line brought before the International Tribunal by state lawyers was therefore right Charles Sica e James Aiello. A line studied and shared with the former Defense Minister Admiral Giampaolo Di Paola and his Chief of Staff, general Pasquale Preziosa.
Having presented the theses for the assignment of jurisdiction to Italy and the reply from India, which in turn requests it, now there is waiting for the final decision and sentence of the International Court.
The Arbitral Tribunal was called to rule on the attribution of jurisdiction, and not on the merits of the facts occurred on February 15, 2012.
The arbitration measure, in its dispositive part, specifies the Defense General Staff, establishes in particular that:
- in relation to the events that occurred during the incident of 15 February 2012, India is precluded from exercising its jurisdiction over the two Navy Fusiliers. The Arbitral Tribunal therefore accepted the thesis always supported by Italy in all the judicial offices - Indian and international - namely that Girone e Latorre they were officials of the Italian state, engaged in the exercise of their functions, and therefore immune from foreign justice;
- Italy will have to exercise its jurisdiction and restart the criminal proceedings on the events that occurred on February 15, 2012, which had been opened by the Public Prosecutor at the Court of Rome;
- Italy will have to compensate India for the physical, material and moral damage caused to the crew and boat of the Indian fishing boat "Saint Antony". In this regard, the Court invited the two parties to reach an agreement through direct contacts.
The Defense General Staff also announced that it immediately summoned the 2 riflemen Massimiliano Latorre and Salvatore Girone to communicate the outcome of the arbitration procedure to them.