Approach SC on relaxation of bail norms for Italian marine: UN tribunal

A UN arbitration tribunal has asked India and Italy to approach the Supreme Court of India for relaxation of bail condition of Sergeant Girone, who has been living at the Italian Embassy here.

While reports suggested that Italy took the ruling as paving the way for the release of the marine, government sources here said Italy was misrepresenting the order, which only meant that bail conditions of the marine be set by the Supreme Court of India. Sources said the Tribunal’s order does not release any marine, but only recommends that relaxation of bail conditions of Italian Marine – Salvatore Girone – be decided by the Supreme Court. Girone is on bail on the Apex Court’s order. 

The arbitration tribunal’s order recognises that “Girone is under India’s authority alone” and that the “Supreme Court of India exercises jurisdiction” over him. The order asks India and Italy to approach the Supreme Court of India for relaxation of the bail conditions of Sergeant Girone.  The tribunal has suggested that these may include the conditions and guarantees binding upon Italy to “ensure that Sergeant Girone reports to an authority in Italy designated by the Supreme Court of India in intervals to be determined by the Supreme Court of India. Sergeant Girone shall be required by Italy to surrender his passport and shall be prohibited from leaving the country until the Supreme Court of India grants him leave to travel. Italy shall on its own motion apprise the Supreme Court of India of the situation of Sergeant Girone every three months”. 

The Tribunal noted that Italy itself had accepted that if Girone was allowed by the Supreme Court of India to return to Italy, “he will remain under the jurisdiction of the Courts of India”...“without prejudice to the authority of India’s courts”.

The order also states that “India must be assured, unequivocally and with legally binding effect, that Sergeant Girone will return to India in case the Arbitral Tribunal finds that India has jurisdiction over him in respect of the Enrica Lexie incident”. Italy has already given multiple undertakings to this effect. 

The Tribunal affirmed that “these undertakings constitute an obligation binding upon Italy under international law”.  The Tribunal also “confirms that Italy is under an obligation to return Sergeant Girone to India if the Arbitral Tribunal finds that India has jurisdiction over him in respect of the Enrica Lexie incident”. 

Sources pointed out that the Tribunal is adjudicating only on the limited question of whether India or Italy has the jurisdiction to try the two Marines for the killing of two innocent Indian fishermen.  Only after the Tribunal decides which country has jurisdiction, will the criminal trial commence.