Enrica Lexie case

India alleged that two Italian marines aboard the Italian-flagged commercial oil tanker MB Enrica Lexie killed the fishermen.

[5] On 31 January 2022, the Judge for Preliminary Investigations of the Tribunal of Rome dismissed all accusations against Latorre and Girone, arguing that they opened fire because they believed to be in the presence of pirates.

The captain of St. Antony, Freddie Louis, claimed that his vessel was returning from its fishing expedition in the Laccadive Sea when men on board Enrica Lexie began firing at them without provocation for approximately two minutes.

[13][14] After the incident, Enrica Lexie was intercepted in the Lakshadweep archipelago and compelled to proceed to Kochi port by the Indian Coast Guard.

The Italian Foreign Minister Giulio Terzi, in an open letter to the Italian newspaper Eco di Bergamo, alleged that "the entering of the Enrica Lexie into Indian waters has been the result of a subterfuge by the local police, who required the ship master to head for the port of Kochi in order to contribute to the identification of some suspected pirates.

[31] Italian authorities maintained that India lacked jurisdiction in judging the case, since, based on the Enrica Lexie positional records, the ship was outside Indian territorial waters, in the international navigation area.

[22] Furthermore, they maintained that India lacked jurisdiction for arresting the marines, since they were on an Italian ship in international waters, charged with security duties.

[34][35] On 21 February 2012, the International Maritime Bureau (IMB) reported that a Greek-flagged tanker, Olympic Flair, sailing some 2.5 nautical miles (4.6 km; 2.9 mi) from the port of Kochi was attacked on the same day of the Enrica Lexie incident.

[38] Umberto Vitelli, master of Enrica Lexie, responded to Indian investigators that he was surprised by the marines' decision to open fire and that it was only after he heard gunshots that he increased to full speed and sounded the foghorn and the general alarm.

[39] In addition, the ship's chief officer James Mandley Samson stated to Kerala police that despite having binoculars "I couldn't see any person with weapons in the boat".

The master also activated the Ship Security Alert System (SSAS) which sent out signals to the Italian Maritime Rescue and Coordination Centre (MRCC).

On 31 January 2022, the Judge for Preliminary Investigations of the Tribunal of Rome dismissed all accusations against Latorre and Girone, arguing that they opened fire because they believed to be in the presence of pirates.

[61] On 23 February 2012, the Kerala High Court admitted the petition filed by the Italian Consul General in Mumbai and the marines to stay further proceedings.

The petition submitted that Kerala Police had no authority to conduct an investigation in the case and that courts in India had no jurisdiction as the incident had occurred beyond Indian territorial waters.

[62] On the same day, the Sessions Court in Kollam, extended by another week the police custody of the marines charged with shooting death of two fishermen.

[63] The Kerala High Court also advised the Italian government and its two navy marines to cooperate with the ongoing investigation in response to the petition filed on 21 February seeking a stay on proceeding and quashing of the FIR.

[70][71][72] On 16 February 2012, the Italian ambassador in Delhi, Giacomo Sanfelice di Monteforte, was summoned to the Indian Ministry of External Affairs where an official protest was lodged.

[80] According to Italian Prime-Minister Mario Monti: "The government decided, also in the interests of the marines, to maintain the commitment taken when they were granted leave to take part in the elections to return to India by 22 March".

Italian and Indian officials have hinted that the marines if convicted, could serve the rest of their jail term in Italy under provisions of a bilateral prisoner exchange treaty.

[86] On 4 June 2014, India's Minister for External Affairs Sushma Swaraj argued Mogherini's proposal would amount to political interference in matters before Indian courts.

And they are prosecuted under the anti-piracy and anti-terrorism law, according to Lady Catherine Ashton and the Italian Foreign Minister Emma Bonino, this implies that Italy is a terrorist state.

Transcripts of, EU High Representative Catherine Ashton's statements available do not give reason to the journalist's allegation that she had endorsed the Italian view that it had been equated to a terrorist State by India.

"[97] On 10 February 2014 Ashton informed the EU Foreign Relations Council that she was concerned that the marines were to be charged under anti-piracy laws and that it would have "huge implications" for Europe's fight against piracy.

"[98] On 17 December 2014, the EU's foreign policy chief Federica Mogherini expressed her disappointment over the Indian Supreme Court's decision and warned that the issue could impact EU-India relations.

"The decision to deny the plea of Massimiliano Latorre for an extension of his stay in Italy for medical treatment and to refuse Salvatore Girone permission to spend the Christmas period at home is disappointing, as a long-awaited mutually agreed solution has not yet proved possible," said Mogherini, a former Italian foreign minister, in a statement.

The issue has the potential to impact the overall European Union-India relations and has also a bearing on the global fight against piracy, to which the EU is strongly committed," she stated.

Mogherini told the European Parliament in January 2015 that "it's good for everyone to be fully aware of how much of an impact the unresolved dispute of the two Italian Navy officials can have on relations between the EU and India.

On 24 August 2015, ITLOS by a majority opinion of 15:6 issued provisional measures in the case and ordered that "Italy and India shall both suspend all court proceedings and refrain from initiating new ones which might aggravate or extend the dispute submitted to the Annex VII arbitral tribunal or might jeopardise or prejudice the carrying out of any decision which the arbitral tribunal may render,"[113][114] The provisional ruling demanded that India and Italy each submit to ITLOS by 24 September 2015 their respective Initial Report on the incident.

[115] ITLOS rejected Italy's request that India provisionally release the marines, "because that touches upon issues related to the merits of the case".

In particular, UNCLOS moved somewhat from the more interventionist approach taken in the Arctic Sunrise case, when the Tribunal ordered a state to return a person subject to Annex 7 proceedings.