2013 Italy–India diplomatic tensions

A diplomatic dispute between Italy and India erupted on 11 March 2013, after the Italian Foreign Ministry reneged on its promise given to the Supreme Court of India and stated that the two soldiers involved in the 2012 Italian Navy Marines shooting incident in the Laccadive Sea would not return to India.[1]

Background

On 15 February 2012, Italian marines operating as part of a Vessel Protection Detachment (VPD) on-board Italian-flagged commercial oil-tanker MT Enrica Lexie, opened fire in the direction of St. Antony, an Indian fishing trawler, and caused the deaths of two crew members. On 19 February 2012, Indian authorities detained Chief Master Sergeant Massimiliano Latorre and Sergeant Salvatore Girone, two of the six-member VPD team from the San Marco Regiment of the Italian Navy, after ballistic tests linked weapons impounded onboard MT Enrica Lexie to bullet fragments found in the bodies of the two dead crew members of St. Antony.

The two marines were allowed to return to Italy and be with their families during the Christmas and New Year vacation period in December 2012 by the Kerala High Court. The two marines returned to India in January 2013.

On 22 February 2013, the Supreme Court of India allowed Girone and Latorre a second exception, as a gesture of good-will, to return to Italy for an extended break of four weeks to vote at the general election and be with their families. This permit was granted on the basis of affidavits by Italy's representatives (ambassador of Italy in India with an email from the foreign minister and the prime minister) that the marines would be returned to face the Indian courts.[2][3] Indian media raised the prospect that the Italian envoy had filed a false affidavit in the Supreme Court by revealing that the marines could have voted either at the Italian embassy or by postal ballot and need not have travelled to Italy to vote in the elections.[4][5][6]

Highlighting the exceptional leniency accorded to the two marines by Indian courts, Gujarat Chief Minister Narendra Modi summed up the public sentiment in India by saying: "We let two under-trial Italians go to their country to vote. Here, under-trial (Indian) citizens are not even allowed to attend their mother's funeral."[7]

Italian President Giorgio Napolitano, Defense minister Giampaolo Di Paola, and Foreign Minister Giulio Terzi irked public opinion both in Italy and India by ceremoniously receiving the marines upon their arrival in Italy and hailing them as 'Italian heroes' even though they stand accused of manslaughter.[8][9][10]

Stand-off

News that the marines would not return to India threatened to bring down the ruling UPA government. In a rare show of political unity, politicians from all sides of the political spectrum condemned the unilateral decision of the Italian government.

Fishing communities organised spontaneous protests and urged the federal government to take stringent action against the Italian government. The Chairman of Fishermen Coordination Committee (FCC), V.Dinakaran said: "We demand the arrest of the Italian ambassador who presented an affidavit before the honourable Supreme Court to get bail for these Italian Marines to go to their country. He is the culprit now in India. He is present in India". The Convenor of Kerala Fisheries Coordination Committee (KFCC), V.V. Saseendran, threatened to intensify their agitation if Italy refuses to send back its marines. "All the trade unions came together to fight against Italian attitude. Today we started the agitation. It will not stop. When the Italians will come in here, up to that time our fight will go all over India", said Saseendran.[11]

"They (Italy) have violated every rule of diplomatic discourse and call into question solemn commitments given by accredited representatives of a government", Indian Prime Minister Manmohan Singh told parliament, adding that it was 'unacceptable' for Italy to refuse to send back marines and warned that there will be 'consequences'.[12]

India initiated the process of downgrading its diplomatic ties and decided not to post the ambassador-designate to Rome. The Indian government also announced a decision to initiate a review of the entire gamut of relations with Italy including diplomatic, trade and defense ties. The European Union was briefed on India's views and position in the matter.[13] A spokesperson for the EU High Representative for Foreign Affairs, Catherine Ashton stated: "The EU is taking note of the disputes between India and Italy and continues to hope that a common solution can be reached through negotiation".

Political allies of Sonia Gandhi, the Italian-born chairperson of the UPA government and president of the Congress party, demanded that she take a clear stance on the matter. Sonia Gandhi termed the Italian actions as a 'betrayal', adding that "No country can, should or will be allowed to take India for granted. All means must be pursued to ensure that the commitment made by the Italian government to our Supreme Court is honoured". Sonia Gandhi, whose Indian citizenship and loyalty are regularly subjects of intense debate, was accused by the opposition parties of colluding with Italy to help the marines evade justice.[14] Prominent members of civil society warned the UPA government not to allow the two Italian marines to evade justice in India as did Ottavio Quattrocchi, an Italian middle-man and family-friend of Sonia Gandhi, a key accused in the Bofors arms scandal.

Opposition leader Arun Jaitley invoked a popular quote by James Bond 007 to attack the government on the Italian marines issue : "Once is happenstance. Twice is coincidence. Three times, it's enemy action," he quoted from the Ian Fleming novel Goldfinger. Likening the Italian decision as "enemy action" he urged the UPA government to "forget diplomatic niceties".[15]

In response to a Public Interest Litigation (PIL) petition filed at the Supreme Court of India by Janata Party president Subramanian Swamy, the Attorney General responded that Italy had violated a sovereign undertaking to ensure the return of the two marines.

The Indian Supreme Court took exception to Italy breaking its promise regarding the return of the marines. On 14 March, the Supreme Court of India restrained Italy's ambassador Daniele Mancini from leaving India till 18 March.[16] On 18 March, this order was extended till 2 April.[17] The Chief Justice of India, Altamas Kabir, disapproved of the Italian government's position to not return the marines and said "Much has been written about how naive we are. We never expected the government of Italy to behave like this. What do you think courts are ?"[18] The Supreme Court directed the executive branch to take measures to enforce the travel restrictions placed on the Italian ambassador if he tried to leave the country. The intransigent stance adopted by the Supreme Court of India left India's UPA coalition government no choice but to comply with the court order had the Italian envoy tried to leave India.[19] Rome avoided a showdown with Indian authorities by not ordering Ambassador Daniele Mancini to leave India.[20]

With senior counsel Mukul Rohatgi stating that he was appearing for both the Republic of Italy and the Italian ambassador, Justice Kabir said he wanted to hear Mancini and not the Italian ambassador. "But he is also the ambassador," Rohtagi said."What is your intention Mr Daniele Mancini?" Justice Kabir then asked. With Justice Kabir distinguishing between the individual and the ambassador, Rohatgi said Mancini had acted on behalf of the government of Italy.[21]

Political observers questioned the legality of the Supreme Court ruling, albeit taking note that the Italian envoy had offered himself as 'personal guarantee' till the return of the marines. Indian media claimed that ambassador Daniele Mancini could face trial for contempt of court by the Supreme Court of India if the marines fail to return in time.[22][23]

Italy issued a strong protest and reaffirmed the diplomatic privileges of its ambassador to India. The EU High Representative for Foreign Affairs, Catherine Ashton, cautioned India against violating the Vienna Convention on Diplomatic Relations (VCDR).[24][25][26] India refused to yield to pressure and warned that it will neither allow Italy to use VCDR as a shield to subvert Indian laws nor be arm-twisted into accepting the status-quo.

The episode fuelled intense debates led by civil-liberties and human rights groups who questioned the morality of allowing the overarching cloak of diplomatic immunity and the grey-areas of international treaties to shield defence and diplomatic service personnel from prosecution for erroneous actions committed in host countries.

The United States of America refused to be drawn into the crisis during the stand-off. State Department spokesperson Victoria Nuland told reporters: "This sounds like an issue between India and Italy, not an issue for us".[27]

United Nations Secretary General Ban Ki-moon took a neutral stance by calling for a "peaceful resolution and respect for international law".

Italy was blamed for unilaterally escalating the diplomatic row into a crisis which threatened to spiral quickly out of hand. Diplomats stationed in India were quoted as saying: "We did convey our concerns to the Italians at the informal level, that this will harm everyone, and that the onus of getting the marines back is on the Italian Government as they had given an assurance to India's highest court. (...) Even though we felt sorry for Daniele Mancini, who is a seasoned diplomat, reneging on a sovereign promise could damage the credibility of diplomats and the Italians must correct this"[28][29][30]

Climb-down

On 21 March, the Italian government reversed its decision and returned the Marines to India.[31] 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"

The Indian Government has clarified that the nature of homicide charges against the two Italian marines did not appear meet the "rarest of rare" criteria for death penalty if the marines were found guilty of murder of the two Indian fishermen.[32] Indian authorities have repeatedly highlighted the exceptional nature of capital punishment in India. The Indian Supreme Court has allowed death penalty to be carried out in only 4 cases since 1995.

Aftermath

The European Commission expressed relief over the end of the diplomatic stand-off between India and Italy and has voiced hope that the "dispute over the substance of the issue will be resolved soon" in an amicable manner.

India

In India the return of the two marines to New Delhi was perceived as a diplomatic victory.[33][34][35][36]

Citing India's apex court order against a serving ambassador as a precedent, Kanwal Sibal the former foreign secretary of India said :"The Supreme Court's order restraining the ambassador from leaving the country has already created a major precedent by interpreting loosely a country's obligation under the VCDR to respect the diplomatic immunity of an ambassador. This has caused serious disquiet in diplomatic missions in New Delhi, as the possibility that Indian courts could, in future too, interpret the principle of diplomatic immunity circumstantially cannot be ruled out."

In a bid to lower media coverage given to the case involving the two Italian marines, Indian administrative officials and diplomats have adopted a uniform policy of refusing to comment further developments on the grounds that the "Italian marines matter is sub judice".

The two Italian marines have received permission to live within the Italian diplomatic compound under the custody of the Italian embassy in New Delhi and have to report once a week at Chanakyapuri Police Station in New Delhi.

Indian judicial opinion is sharply divided over whether foreign minister Salman Khurshid prejudged the trial of the two Italian marines on the issue of capital punishment. On 29 March 2013, Salman Khurshid pointed to the independence of the judiciary in India by stating that the Indian government's "clarification" on death penalty may not be upheld by the Indian Supreme Court. Highlighting the constitutional obligations of the executive branch to respect the judiciary, Kurshid said: "Do we have a choice but to accept what the court decides?"[37][38] On 8 April 2013, R.K. Singh, under-secretary for home affairs, stated that the Indian government will abide by assurances given to Italy on the applicability of capital punishment (death penalty).[39] The BJP Opposition-party demanded that the two Italian marines be tried under the Unlawful Acts Against Safety of Maritime Navigation and Fixed Platforms on Continental Shelf Act (2002) and not the Indian Penal Code : "Under this (SUA) Act, murder attracts only death penalty. But the marines are being tried under the IPC where a life sentence or a death sentence can be given. This has been done to somewhat dilute the punishment".[40]

The extraordinary leniency, given to the Italian marines while they stand trial in India has been cited by Narendra Modi as an example of policy paralysis leading to the compromising of national security and self-respect by the Congress party led UPA government.[41][42]

Italy

In Italy, the volte-face was perceived as a distressing foreign policy mess leading to an embarrassing climbdown.[43] Italian Foreign Minister Giulio Terzi faced severe criticism in the Italian media for his ineffective diplomacy. Linking the tortured advances in the case involving the two marines to incoherent crisis management, Italian media highlighted the quick apologies and non-controversial approach taken by the United States of America and France when their armed forces were recently involved in incidents leading to the death of Indian citizens: USNS Rappahannock (T-AO-204) shooting off the coast of United Arab Emirates and by French expeditionary forces in Central African Republic respectively.

USNS Rappahannock (T-AO-204) opened fire on a fishing-trawler off the coast of Dubai killing 1 Indian fishermen

On 26 March 2013, Giulio Terzi tendered his resignation just as the care-taker government of Mario Monti was giving way to a new government.[44][45] Terzi announced that he was opposed to the return of the marines to New Delhi, contradicting his earlier statements which affirmed that the decision to return the marines to India was taken collectively by the Italian government.[46][47] Defence minister Giampaolo di Paola drew parallels between Giulio Terzi's resignation and the actions of Captain Francesco Schettino of the Costa Concordia, saying that they both abandoned a sinking ship.

On 27 March 2013, Italian Prime-Minister Mario Monti addressed the Italian parliament and stated: "Our priority was safety, security and dignity of our two marines as well as of all Italians who are in India" adding that Italy faced "serious and objective risks of being isolated in the international community amid a crisis of grave proportions with India". The Italian premier disclosed that Italy faced the real possibility of collective sanctions from the BRICS countries when they met in South Africa for the 5th BRICS summit. Mario Monti also revealed that former Italian foreign minister Giulio Terzi repeatedly hampered efforts to settle the dispute with India in a quiet manner by perpetuating controversies through hawkish statements posted on Twitter.[48] Monti attributed the "hardening" of India's stance to "rash" statements to the press by Terzi and concluded his parliamentary briefing on the debacle, saying that Italy's strategy "shouldn't have been the subject of premature statements to the press, which Minister Terzi decided instead to make, previewing a final result which at that point couldn't be taken for granted",.[49]

Giulio Terzi confirmed that he was viewed as "being part of the problem" by other cabinet ministers and therefore bypassed by Italian President Giorgio Napolitano, who appointed Staffan de Mistura, the Italian Deputy Foreign Minister, as his Special Envoy to resolve the stand-off with India.[50]

On 5 April 2013, Italian President Giorgio Napolitano issued a presidential pardon for a CIA officer, who had been condemned in absentia over the Abu Omar illegal rendition case, expressing hope that a similar pardon could be obtained in India for the two Italian marines.[51]

Staffan de Mistura gave a detailed interview regarding the case to Italian media during his visit to India in June 2013. He spoke about the welfare of the two marines saying that they were "not in prison in India but within the cozy Italian embassy" which the Indian authorities had allowed as a gesture of fairness. "Massimiliano Latorre and Salvatore Girone work for three days regularly as officials of the Italian Embassy in New Delhi, where they reside and receive visits, including those by their family members," Commenting on the investigation process and trial, he stated : "the investigations are proceeding in the spirit of a fair and speedy trial." Speaking about Indian public opinion and media he said : "in recent 3 months neither in the press nor in Indian public opinion has there been any initiative of hostility or dislike or disfavour towards our marines." and went on to add "the case is not discussed here, as we expect it in Italy."[52]

Public opinion

The management of the crisis has been prone to criticism by domestic and international media and opinion makers in the field of international diplomacy, who blamed either Italian authorities,[8][29][43] Indian ones,[53][54][55] or both of them.[56][57][58]

In a bid to understand the polarised viewpoints of Indians and Italians on the marines issue, two journals (La Repubblica in Italy and The Hindu in India) carried out a joint survey of public opinion through a common on-line forum. Notwithstanding a nationalist bias in both countries over the diplomatic row, the general consensus was that politicians in both countries had 'queered the pitch'. The principal focus of Italians was the return of the two marines at all costs, while Indians on the other hand sought guarantees on justice for the families of the two victims and for disciplinary action against the perpetrators of the crime. A widespread belief among Indians is that the Italian government is not serious in investigating the actions of the Italian crew and VPD detachment on board the Enrica Lexie. Italy is accused of using judicial loopholes to prevent the two Italian marines to be held accountable for failing to follow IMO anti-piracy guidelines and for using disproportionate lethal force which led to the wrongful death of two Indian fishermen.[59] The official welcome ceremonies organised for the two marines each time they returned to Italy has led to the belief that Italy is not concerned with reprimanding the VPD guards for the death of the fishermen and has instead portrayed the marines as Italian heroes. The unexplained erasure of VDR data from the Enrica Lexie and involvement of representatives from the Catholic church by the Italian authorities to broker a settlement with the owner of the fishing vessel and families of the victims through the payment of blood money aroused suspicion of tampering of material evidence and influencing of witnesses.

The lifestyle of the two marines since their transfer to New Delhi from Kerala has been viewed as a provocation: Latorre and Girone are daily visitors to one of the best-known private clubs in New Delhi: the 'members-only' café-restaurant of the Italian Cultural Centre.[60] Indian media reported that the duo attended a party at the Vatican Embassy and were seen freely mingling with guests. "The way the duo are being paraded by the Ambassador and the manner in which the Catholic establishment is openly flirting with the accused is quite embarrassing", said a diplomat who attended the party.[61] The Italian ambassador Daniele Mancini and a prominent political leader of the ruling Congress party, Christy Fernandes, were also present. Massimiliano Latorre and Salvatore Girone are free to move in New Delhi and regularly receive visits from their family. The two Italian marines regularly use social media.[62]

On 3 April 2013, lights were switched off at the Colosseum in Rome in a show of solidarity with two Italian marines in India.[63]

On 14 September 2013, Italian media reported that the public show of support to the two marines held in India has been questioned in certain sections within Italy. An act of vandalism targeted a giant poster put up in support of the two marines in the city of Imperia.[64]

See also

References

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