The confrontation between India and Italy over Italy’s refusal to send back two marines accused of killing Indian fishermen has taken another turn following a hearing in the Indian Supreme Court.
The court had earlier ordered that the Italian Ambassador, Daniele Mancini, must stay in the country at least until this latest hearing. However, the Government in Rome challenged the restriction, saying it was a violation of the Vienna Convention on diplomatic relations.
The Supreme Court rejected the claim, and its stand was later backed by the External Affairs Ministry in New Delhi. “We have conveyed to Italy that while we are conscious of the Vienna Convention, we are bound by the directions of the Supreme Court,” Ministry spokesman Syed Akbaruddin said.
The dispute arose after the marines, guarding an Italian oil tanker off the coast of India, opened fire on the fishermen in the mistaken belief they were pirates. The marines were detained by the Indian coastguard and spent some time behind bars, but were allowed to travel to Italy to vote in the country’s general election after Mancini gave a sworn undertaking to the Supreme Court that they would return.
After the Italian Foreign Ministry said the marines would not be returned, the Supreme Court ruled that by breaking his undertaking, Mancini had forfeited his right to diplomatic immunity.
The court extended its restriction order on Mancini and it now seems likely that if the Ambassador does try to leave the country, he will be arrested.
Indian-Italian relations were already fraught after a deal for India to buy 12 helicopters from AugustaWestland, a British-based subsidiary of the Italian firm Finmeccanica, foundered when police investigations revealed that bribes had been paid to high officials to secure the deal.
A further complication – and possibly the reason behind the hard-line stance in New Delhi - is that the president of the ruling Congress Party, Sonia Gandhi, is Italian born.
The Government would certainly not want to leave itself open to suggestions by the Opposition that it is being soft on the country of origin of one of its most powerful and influential politicians.
The best, and perhaps the only way out of this impasse, would be for Italy to relent and return the two marines, perhaps after a behind-the-scenes deal that they would be charged with a lesser offence, such as negligently causing death, and let off with a light sentence. This would leave the way clear for an agreement on compensation to be paid to the families of the fishermen.
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