KOCHI: The Consulate General of Italy on Thursday submitted before the Kerala High Court that a case has been registered against the two accused Naval personnel, Latorre Massimiliano and Salvatore Girone, in Rome by the Ordinary and Military Prosecution Office.
“As members of the Navy, the marines are entitled to immunity abroad and should be tried in their home country,” counsel for the petitioners said.
Counsel for the defendants stated that a case has been registered in accordance with Article 575 of the Italian Penal Code, according to which whoever causes the death of a man is punishable with imprisonment not less than 21 years.
They also produced six documents, including communication from the Prosecution Office, within the Tribunal of Rome concerning proceedings initiated against the accused, a letter from the Embassy of Italy to the Ministry of External Affairs and a letter from the Italian Navy General staff to the Italian Defence Attache in New Delhi and Muscat showing deployment of Military Protection Detachment.
The petitioners’ main contention was that India had no jurisdiction to register a case against the marines. Only the courts in Italy had the jurisdiction to investigate or prosecute the accused under international laws applicable in such cases, they said. The petitioners denied the statement of the Coast Guard that there was no piracy attack on the ship.