Tag Archives: anti-piracy operations.

A Statement by the Minister of Foreign Affairs, Emma Bonino, on the application of anti-piracy laws to the Italian marines and on possible human rights violations by India in the Enrica Lexie case

CHAMBER OF DEPUTIES AND SENATE OF THE REPUBLIC, 3rd AND 4th JOINT COMMISSIONS, XVII LEGISLATURE, 11 February 2014

On 11 February 2014, the Italian Minister of Foreign Affairs, Emma Bonino, presented before the III and IV Commissions of the Chamber of Deputies and the 3rd and 4th Commissions of the Senate of the Republic the most recent updates in the Enrica Lexie case. The Minister opened her speech by mentioning the request by the Indian prosecutor to apply Indian anti-piracy and anti-terrorism legislation against the two Italian marines. She then presented the Italian defence and highlighted both the possible violation of human rights on the part of India and the commitment of the EU member states in the affair. She said:

You also know that our lawyers’ reaction has been very strong and, I think, very precise, radically contesting the possibility of using anti-terrorism legislation, as the Indian government had declared in the previous days. It is absolutely evident, in fact, that our marines are not terrorists nor pirates and on that ship, in that zone, on that day, they were acting in their official and institutional capacity in the name of the Italian government.

And she added:

In relation to the violation of human rights due to the lack of an indictment after two years, together with a restriction of their freedom, so that the two aspects are bound, we have also entered into contact with the United Nations High Commissioner for Human Rights, who reserved the right to assess the situation.

I must acknowledge that all the twenty-eight member states [of the European Union] have had rather positive reactions. This affair is endangering the participation to the entire counter-piracy effort undertaken on the basis of the decisions of the United Nations and of European and national legislation. The High Representative [of the Union for Foreign Affairs and Security Policy] has spoken of enormous consequences precisely because an entire policy concretely started in the last years is being put into question.

She then concluded:

I recall that until recently, in other times, the same steps were met by declarations according to which this was essentially a bilateral issue between Italy and India. I just want to highlight that the fact that the European Union as such, and not only, came to take on responsibility for this represents a solid position that must be used. I also highlight this as a new element.

The Italian version of the statement can be downloaded here.

The President of the Council of the Ministers on Functional Immunity of State Officials from Foreign Criminal Jurisdiction (Enrica Lexie Case)

CHAMBER OF DEPUTIES, XVII LEGISLATURE, 50th MEETING, 10 JULY 2013.

On 10 July 2013, the President of the Council of the Ministers, Mr Enrico Letta, reported before the Chamber of Deputies on recent developments concerning the trial taking place before Indian authorities against sergeant major Latorre and sergeant Girone, two Italian marines part of a Vessel Protection Detachment (VPD) on board of the Italian oil-tanker Enrica Lexie accused of murdering two Indian fishermen while carrying out anti-piracy activities. Mr Letta referred to the testimony given by Latorre and Girone to the Indian judicial authorities on that same date and stated:

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Mario Monti on Piracy and Exclusive Jurisdiction of the Flag State in International Waters

On 26 September 2012, the President of the Council of Ministers, Mario Monti, intervened at the 67th Session of the U.N. General Assembly. Mr. Monti addressed, inter alia, the issue of piracy, which has important implications for Italy in light of the Enrica Lexie case and the ongoing controversy with India. After observing that piracy “is particularly troubling for its impact on the world economy and on the lives of seafarers”, Mr. Monti stated:

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