Italy objects to Indian anti-terrorism agency probing marines' case

http://www.reuters.com/article/2013/04/16/us-india-italy-marines-idUSBRE93F0CU20130416?feedType=RSS

Italy objects to Indian anti-terrorism agency probing marines' case

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Pictures of Italian marines detained in India, Salvatore Girone (R) and
Massimiliano Latorre, are projected together with the colours of the Italian
flag on the Colosseum in Rome, April 3, 2013. REUTERS/Tony Gentile

By Annie Banerji

NEW DELHI | Tue Apr 16, 2013 6:37am EDT

(Reuters) -  Italy opposed on Tuesday
India's decision to appoint its anti-terrorism agency to investigate the
high-profile case of Italian marines accused of killing two fishermen, over
fresh fears the men could face the death penalty.

The accused, Massimiliano Latorre and Salvatore Girone, are charged with
murder for shooting the fishermen off the coast of the southern state of
Kerala last year while serving as security guards on a cargo ship.

The duo say they fired warning shots at a fishing boat believing it to be a pirate vessel with armed men
onboard.

Italy maintains the
incident happened in international waters and that the men should be tried
on home soil.

Attorney General G.E. Vahanvati said the government had put the
anti-terrorism National Investigation Agency (NIA) on the case because the
usual investigating body, the Central Bureau of Investigation (CBI), was
overburdened.

Italy disputed this,
saying that the NIA only had the jurisdiction to investigate terrorist
crimes, not regular criminal cases. It feared the NIA would invoke a
maritime security law, which attracts a mandatory punishment of death.

"If there is a simple road, why not take it? NIA cannot probe. Especially
when India has given an assurance to the Italian government about this,"
said Italy's senior counsel Mukul Rohatgi. He was referring to an Indian
government assurance that the marines would not be executed.

The Supreme Court is due to decide on Monday whether the marines' case
should be investigated by the NIA or CBI.

Italy abolished the death penalty in 1947. In the past six months, India has
hanged two men convicted of militant attacks.

Vahanvati said the government had now set up a special court to try the
Italian marines, as directed by the Supreme Court in its January ruling. He
said the NIA would complete all investigations in 60 days, but was ambiguous
about what laws the men would be charged under.

Tensions between India and Italy have escalated over the case since the
shooting incident in February last year, peaking last month when Italy
refused to send the marines back from a home visit. Outraged, India's top
court briefly barred the Italian envoy from leaving the country.

Rome returned the marines for trial after New Delhi assured them the men
would not be sent to the gallows. Italy's foreign minister resigned after
the marines returned to India, saying he did not agree with the decision to
send them back.

(Editing by Frank Jack Daniel and Michael Perry)