Release marines, writes Italian embassy

Kochi: At a time when the European Union has come forward expressing willingness to intervene in the Enrica Lexie episode, a letter sent to the Union Ministry of External Affairs from the Italian Embassy is gaining significance.

Through the letter, a copy of which is available with Express, Italy urged India to release the marines, arrested by the Kerala police.

In a letter sent to the Ministry of External Affairs on February 29, the Embassy asked the government to ensure their unimpeded departure from Indian territory.

The Embassy pointed out that as per the principles of customary international law recognised by several decisions of International Courts, state organs enjoy jurisdictional immunity for acts committed in the exercise of their official functions.

"The Italian Navy Military Detachment that operated in international waters on board of the vessel Enrica Lexie must be considered as an organ of the Italian state," it said.

"The conduct by the marines has been carried out in the fulfillment of their official duties in accordance with national regulations (Italian Act nr.107/2011) and orders, as well as the pertinent rules on piracy contained in the 1982 UN Convention on the Law of the Sea and in the relevant UN Security Council Resolutions on the Piracy off the Horn of Africa," the Embassy said.

The letter pointed out that investigations by both the Italian ordinary and military judicial authorities had already been initiated against marines. Therefore, Italian Navy personnel who are in judicial custody should be released.

Reiterating the sovereign right of a state to employ its military personnel in ongoing anti-piracy military protection of national flagged merchant ship in international waters, Italy underlines that the same right was not impaired by the ongoing national investigations involving Italian Navy Military Personnel.

The Embassy of Italy recalled that the marines were doing their official duties and should not be open to scrutiny in front of any court other than the Italian ones.

The letter appreciated the steps taken by Chief Judicial Magistrate of Kollam with regard to the judicial custody of the marines. Last week, the Kerala Advocate General submitted before the Kerala High Court that Italy has not submitted any application before the state.