THE TWO ITALIAN MARINES UNDER TRIAL IN INDIA ARE INNOCENT – PETITION SUBMITTED TO THE EUROPEAN UNION

 

Please find hereunder the English translation of the petition recently submitted to the European Union with regard to the case of the two Italian Marines.

There are two simple ways to contribute to the success of the initiative:
1) by signing the petition (in Italian) via the following link: http://www.change.org/p/parlamento-europeo-attivare-gli-org…
2) by informing TV channels, newspapers, journalists, politicians, MPs, etc. about the initiative, particularly if they are based in Italy, in India or in Europe (via e-mail, via facebook, etc.).

Next week will be fully devoted to this communication effort. Thank you for any help.

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Di seguito pubblico la traduzione inglese della petizione presentata pochi giorni fa all'Unione Europea in merito alla vicenda dei due fucilieri di marina.

Vi sono due semplici modi per contribuire al successo dell'iniziativa:
1) firmando la petizione attraverso il seguente link: http://www.change.org/p/parlamento-europeo-attivare-gli-org…
2) informando televisioni, giornali, giornalisti, politici, parlamentari, ecc. in merito all'iniziativa, particolarmente se questi hanno base in Italia, in India o in Europa (attraverso e-mails, pagine facebook, ecc.).

La prossima settimana sarà interamente dedicata a questo sforzo comunicativo. Ringrazio per qualsiasi aiuto.

----------------------------- TEXT of the PETITION in ENGLISH -------------------------------

Attn.: EUROPEAN PARLIAMENT

THE PRESIDENT OF THE EUROPEAN PARLIAMENT

COMMITTEE on PETITIONS
Rue Wiertz B-1047
BRUSSELS

Petition
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(as per art. 227 of the Treaty on the Functioning of the European Union - TFEU)

Pertaining to the arrest and detention in India, on presumptive evidence, of the two Naval Non-Commissioned Officers, Massimiliano Latorre and Salvatore Girone.

INFORMATION CONCERNING THE PETITION:

Matters relating to the two italian citizens Massimiliano Latorre and Salvatore Girone. Non-Commissioned Officers of the Italian Navy, members of the 2° Reg. of the “San Marco” Brigade seconded to an anti-piracy mission in the framework of the EU NAVFOR Somalia – Operation Atalanta aboard the oil-tanker Enrica Lexie. Arrested in Kerala (India) and detained on presumptive evidence for allegedly killing two fishermen on February 15, 2012. Now waiting trial for longer than thirty months.

- Having regard to Art. 6 of the European Convention on Human Rights and Fundamental Freedoms (hereunder ECHR), protecting the right to a fair trial;

- Having regard to Art. 7 of the ECHR "Nulla Poena sine Lege", providing that no one may be held guilty "on account of any act or omission which did not constitute a criminal offence under national or international law at the time when it was committed. Nor shall a heavier penalty be imposed than the one that was applicable at the time the criminal offence was committed.”;

- Having regard to Art. 33.1 of the United Nations Convention on the Law of the Sea (hereunder UNCLOS), defininig the authority of a State in a zone contiguous to its territorial sea;

- Whereas the "EU NAVFOR Somalia – Operation Atalanta" is a military and diplomatic mission of the European Union to prevent and combat acts of piracy, in support of UN Resolutions 1814, 1816, 1838 and 1846 adopted in 2008 by the United Nations Security Council". Taking into account that the purpose of such mission is, among others, the protection of vessels transiting through the Red Sea, the Gulf of Aden and the Indian Ocean;

- Having regard to the European Parliament Resolution "P6_TA(2008)0519" (adopted on October 23, 2008) and the set of norms to which reference is made in the same Resolution, calling, on a voluntary basis, on the Union Member States to prevent, combat and suppress piracy and to which Italy has adhered by marshaling military ships, aircrafts and personnel;

- Having regard to the European Parliament Resolution "P7_TA(2012)0203" (adopted on May 10, 2012), expressly providing under point ‘Q’ for the deployment of armed guards aboard merchant ships in accordance with national rules; and under paragraph 30 “notes that, on the high seas, according to international law, in all cases, including actions taken in the fight against piracy, the national jurisdiction of the flag state applies on the ships concerned, as well as to the military staff deployed on board; notes, moreover, that no arrest or detention of a ship may be ordered, even as a measure of investigation, by any authorities other than those of the flag state”;

- Having regard to Law n.130 adopted on August 2, 2011 by the Republic of Italy: "Conversione in legge, con modificazioni, del decreto legge n. 107 del 12 luglio 2011, recante proroga degli interventi di cooperazione allo sviluppo e a sostegno dei processi di pace e di stabilizzazione, nonché delle missioni internazionali delle forze armate e di polizia e disposizioni per l'attuazione delle Risoluzioni 1970 (2011) e 1973 (2011) adottate dal Consiglio di Sicurezza delle Nazioni Unite. Misure urgenti antipirateria", defining the rules for the deployment of 'Protection Military Teams' (hereunder PMTs) and armed guards aboard italian vessels;

- Whereas the PMTs seconded onto an anti-piracy mission aboard italian vessels are to all effects "members of the Armed Forces of the Republic of Italy"; they operate as a body of the State under national laws and in compliance with international resolutions; they enjoy therefore the protections of law extended by the customary norms governing the established principles of funcional immunity from foreign jurisdiction, falling their commanded activity under the full and exclusive responsibility of the State;

- Whereas the circumstances implicating the italian military personnel – whose responsibilities remain at the moment not ascertained - have taken place “at high seas”, well beyond 12 nautical miles off the coast, therefore outside indian territorial waters, as also acknowledged by the indian Supreme Court in its decision dated January 18, 2013, by which the jurisdiction of the State of Kerala was rejected and a special federal court was instituted;

- Whereas the italian vessel was merely in transit with no scheduled call into any indian port; India's authority in the contiguous zone (defined as between the 12th and the 24th nautical mile off the coast) where the alleged incident is claimed to have occurred, is limited to the control necessary to prevent infringement of its customs, fiscal, immigration or sanitary laws and regulations – and exclusively for vessels bound to or sailing from India, as per definition in the already mentioned Art. 33/1 of UNCLOS;

- Whereas the coercive action, put into effect by the indian officers and police, which has resulted into the arrest of the two italian soldiers – citizens of the European Union – has taken place aboard the ship Enrica Lexie, therefore on territory under the jurisdiction of the Republic of Italy. And taking into account the method of procedure, deeply prejudicial to the dignity and the principles of the Republic of Italy and of the European Union;

- Whereas the two italian soldiers have always maintained their innocence with respect to the death of the two indian fishermen;

- Whereas the public statements made by the owner and skipper of the St. Antony to the media in the immediate aftermath of the incident and in the presence of police officers place the shooting against the indian fishing boat at around 21.30, five hours later than the pirate encounter occurred to the Enrica Lexie;

- Having regard to the "Communication from the Commission to the Council, the European Parliament and the European Economic and Social Committee of 16 June 2004: An EU-India Strategic Partnership (COM(2004) 430) and to the"Cooperation Agreement between the European Community and the Republic of India on partnership and development (L 223/24, 27.08.94)" providing for a development in the partnership between the EU and India, being understood the need for greater fulfilment of legal and social norms related to the protection of human rights and the respect of international rules. Taking into account that to date, in disregard to any european and international standard on human rights, after more than thirty months, the indian investigative agencies have not yet filed any formal charges against the two italian soldiers, this being the result of a clear lack of evidence, and, in clear contempt of the most elementary rights of defence, they continue to deprive the two accused of their personal freedom;

- Whereas in India the death penalty is still in force for crimes of murder.

WE URGE THE EUROPEAN UNION, IN SO FAR AS IT CONCERNS, TO DEVISE A STRATEGY IN ORDER TO IDENTIFY THE INTERNAL ORGANS COMPETENT TO ACT AND TO PRESS THE INDIAN AUTHORITIES TOWARDS THE RE-ESTABLISHMENT OF THE EU REPUTATION AND OF THE ELEMENTARY LEGAL RIGHTS OF THE TWO SOLDIERS, WHO HAVE BEEN DENIED THEIR PERSONAL FREEDOM FOR OVER THIRTY MONTHS IN COMPLETE DISREGARD OF ANY RESPECT FOR HUMAN RIGHTS.

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Please find hereunder a close technical examination of the events as they have occurred.

The events
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In February 2012 the oil-tanker Enrica Lexie was navigating with empty tanks and 24 crew-members (5 italians, 19 indians) from Singapore towards Egypt.

During a stop in the Sri Lankan port of Galle, before entering the section of the Indian Ocean defined by the International Maritime Organization (IMO) as 'High Risk Area' (HRA) for piracy, the ship embarked a Protection Military Team composed of six non-commissioned officers of the 2° Reg. “San Marco” under the command of Massimiliano Latorre (Warrant Officer Class One – NATO classif.: OR9) and left again.

“Team Latorre” is one of ten Protection Military Teams (PMTs) created within the Italian Navy, specifically trained and employed in the framework of the anti-piracy mission “EU NAVFOR Somalia – Operation Atalanta”. The PMTs act as armed guards aboard italian commercial and passenger ships in navigation through areas at risk of piracy on the basis of national legislation (L.130/2011), UN and EU resolutions and international maritime recommendations (BMP4).

On February 15 at around 16.00 hrs. local time the ship was in transit at more than 20 nautical miles off the coast of the indian State of Kerala when the officer on the pilot bridge noticed on the RADAR, at a distance of 2,8 NM (nautical miles), an unidentified boat approaching with course and speed deemed “aggressive”.

The Enrica Lexie increased her speed. However, observed that the unidentified boat persisted in its approach to the ship, the PMT was called into action for a defensive response. In particular, Latorre and Girone from the upper deck of the Lexie (blade at starboard) executed a number of visual and acoustic warnings (through a powerful searchlight and by firing warning shots in the air) with no visible effects on the unidentified boat which kept getting closer.

When sergeant Girone saw armed men on the boat through his binoculars, the two officers fired series of warning shots in the ocean, specifically in the wide section of water separating the two vessels at a gradually reduced distance of about 500, 300 and 100 metres. The barrage fire deterred the men on the small boat (described as of a blue color and about 12 metres long) who aborted their approach and moved away from the oil-tanker. According testimonies given by the two soldiers and by the Lexie's deputy ship master agreed: neither the boat nor the men aboard were hit.

Approximately at 17.00 hrs. (local time) the status of alert was called off and the ship resumed her course at normal route and speed (330°N/13kts). Immediately after the PMT sent out the report about the incident to the mission command headquarters in Gibuti.

At 19.00 hrs. (local time - 13.30 UTC) the captain of the Enrica Lexie, Umberto Vitelli, informed via radio the indian Maritime Rescue Coordination Center (MRCC Mumbai). At 19.16 hrs. (13.46 UTC) he sent out the report of the incident both to his shipping company, to the international organizations in charge of the monitoring and the control of pirate activities: Maritime Security Centre Horn of Africa (MSCHOA) - United Kingdom Marine Trade Operations (UKMTO) and finally to the ship “F571 Grecale” (an italian rocket launcher frigate on anti-piracy mission in the Gulf of Aden) previously alerted. The subject of the mail leaves little to interpretations: ‘Approach pirate attak’.

A few hours later, at 21:36 hrs. (local time - 16.06 UTC) MRCC Mumbai contacted the Enrica Lexie in international waters with a mail by the subject: ‘Piracy incident off Allepey: 15 feb. 2012’ and making reference to the earlier radio communication requested to head for Kochi and establish communication with the Indian Coast Guard (ICG) for not better defined clarifications.

Contacted via radio, the ICG explained the request with the need to determine whether the assailants of the Enrica Lexie were among a number of pirates taken into custody by the police. A simple formality – tomorrow morning you will be on your way again – the ICG assured.

Ten minutes after the invitation to cooperate with the indian authorities, at 21.46 hrs. (local time – 16.16 UTC) the captain sent out information about the Lexie's change of route, so heading for Kochi as requested and entering indian territorial waters. The Enrica Lexie will enter the port of Kochi at around 23.00 hrs. (local time) escorted by indian military ships.

No pirate taken into custody was waiting for recognition in Kochi. A deception, or, to use the same words of an ICG officer, a clever tactic.

Once docked, the italian ship was accused of the murder of two fishermen aboard the St. Antony. This in spite of the fact that the accused italians have always maintained having nothing to do with the deaths; this in spite of the fact that the surviving fishermen of the St. Antony have never been able to identify the ship responsible for the shooting giving as the only indication the colour of the ship as 'black at the top and red at the bottom'; this in spite of the fact that the indian authorities have acknowledged the presence in the area at the time of at least four more cargo ships 'black at the top and red at the bottom', letting them all go without any investigation …....

On February 19, while the Enrica lexie was still blockaded in the port of Kochi also with italian diplomatic personnel arrived in the meantime from Delhi, the Kerala police boarded the ship, forced the two italian officers to disembark and put them under custody in the absence of any witness or substantive evidence.
“We consider illegal this attempt to remove us by force from the italian jurisdiction, in virtue of the principles of functional immunity of military forces in transit" (Latorre)

In order to better understand the method of the arrest we will report the words used by Ambassador Giulio Terzi di Sant’Agata, Italian Foreign Minister at the time of the events, who, during his testimony in front of the Senate, described the aggression in the following terms:
[the captain] “... was led by the indian authorities with an artifice to head to the port of Kochi, where the surrender of the two soldiers to the police has been the result of coercive actions by the local authorities in contempt of the opposition by the italian military and diplomatic authorities.”
(Senate of the Republic. Session n.690 of 13 March 2012)

A representative of the undersigned is available to be audited in any office of the European Union in order to provide to the Petition Committee, or other european administrative body, a more in-depth knowledge on the case.

Rome, September 29, 2014

Yours Faithfully

The Signers

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