New India-Italy pact may help two undertrial Italian naval guards

NEW DELHI: Italian naval guards facing trial in India for shooting two fishermen may become beneficiaries of a new agreement between Italy and India that allowed convicts serving a prison sentence to be transferred to their home country to serve the rest of the sentence there. India and Italy had signed this agreement a year ago, but it was only ratified by the Indian government on November 16, 2012, and notified a month later.

The agreement states that "a person sentenced in the territory of one contracting state may be transferred to the territory of the other .... In order to serve the sentence imposed on him." The shooting incident occurred off the waters of Kerala last February, weeks after the agreement was signed.

The two marines ? Massimiliano Latorre and Salvatore Girone ? are being tried in a special court after the Supreme Court, in a judgment on January 18, ruled that while India had jurisdiction to try the marines, they would have to be tried in a special court in New Delhi. They were shifted from Kerala to Delhi and are in the protection of the Italian Embassy, while they await the constitution of the special court.

The agreement, which was signed before the incident, says the transfer of a sentenced person can happen after the final judgment, and if there is no pending case against him. It does not apply to death sentences or cases being tried under military law. The Italian government has maintained that all they wanted was to bring the marines "home". If this agreement is implemented it would help the Italian government to fulfill this promise, as well as repairing frayed ties with India.

Source: http://timesofindia.feedsportal.com/fy/8at2EuL0jvbFe44d/story01.htm

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