• The Supreme Court directed the closure of criminal proceedings in India against two Italian marines, accused of killing two fishermen off the Kerala coast in February 2012. 

• The apex court asked the Kerala High Court to oversee the apportionment of Rs 10 crore compensation to the heirs of the victim.

• A vacation bench of Justices Indira Banerjee and M.R. Shah quashed the FIR and proceedings emanating from the case against the two Italian marines.

• The bench said that as per the ruling of the Permanent Court of Arbitration (PCA) at The Hague accepted by India, Italy shall resume further investigation in the case against the marines — Massimilano Latorre and Salvatore Girone.

• The top court termed the Rs 10 crore compensation paid by Italy over and above the payment already made as reasonable and adequate.

• It said that out of the Rs 10 crore compensation, Rs 4 crore each shall be deposited in the name of heirs of two deceased Kerala fishermen and Rs 2 crore shall be given to the owner of boat.

Enrica Lexie case

• In February 2012, India accused two Italian marines, Salvatore Girone and Massimiliano Latorre, on board the MV Enrica Lexie — an Italian flagged oil tanker — of killing two Kerala fishermen who were on a fishing vessel in India’s Exclusive Economic Zone (EEZ).

• The complaint against the marines was lodged by Freddy, the owner of fishing boat ‘St Antony’ in which two Kerala fishermen were killed on February 15, 2012 when marines opened fire on them allegedly under the misconception that they were pirates.

• Latorre, who had suffered a brain stroke on August 31, 2014, was granted bail and allowed by the apex court on September 12, 2014 to go to Italy for four months and after that, extensions for his stay have been granted to him. In Italy, Latorre underwent a heart surgery after which the top court granted him extension of his stay in his native country. On September 28, 2016, the apex court had allowed Latorre to remain in his country till the international arbitral tribunal decided the jurisdictional issue.

• Girone was also granted bail on May 26, 2016 with certain conditions and allowed by the top court to go to his country till the jurisdictional issue was decided.

• In June 2015, the Arbitral Tribunal was constituted under Annex VII of the UN Convention on the Law of the Sea (UNCLOS) on the request of Italy.

How the case reached the international tribunal?

• The incident led to diplomatic tension between the two countries. 

• The issue of jurisdiction over the case became a big argument between the two countries. While India maintained that the incident happened in Indian waters and also the fishermen killed were Indian, and hence the case must be tried as per its laws, Italy claimed that the shooting took place outside Indian territorial waters and its marines were on-board the ship with the Italian flag. 

• Italy initiated international proceedings in 2015, referring the row to the Netherlands-based tribunal and asking it to rule on where the men should be tried.

• The Permanent Court of Arbitration in The Hague began hearing in the case in July 2019.

• On July 2, 2020, the Arbitral Tribunal issued its award.

• On July 3, 2020, the Centre moved the Supreme Court seeking closure of judicial proceedings against two Italian marines saying that it has accepted the ruling of the Permanent Court of Arbitration (PCA) at the Hague which held that India was entitled to get compensation in the case but can’t prosecute the marines due to official immunity enjoyed by them.

• The Tribunal upheld the conduct of the Indian authorities with respect to the incident under the provisions of the UNCLOS. It held that the actions of the Italian military officers and, consequently, Italy breached India’s freedom of navigation under UNCLOS Article 87(1)(a) and 90.

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