VP/HR — Measures to protect two Italian marines
25.9.2012
Question for written answer E-008437-12
to the Commission (Vice-President/High Representative)
Rule 117
Carlo Fidanza (PPE) , Mario Mauro (PPE) , Roberta Angelilli (PPE) , Antonello Antinoro (PPE) , Paolo Bartolozzi (PPE) , Antonio Cancian (PPE) , Lara Comi (PPE) , Barbara Matera (PPE) , Alfredo Pallone (PPE) , Aldo Patriciello (PPE) , Crescenzio Rivellini (PPE) , Licia Ronzulli (PPE) , Amalia Sartori (PPE) , Marco Scurria (PPE) , Sergio Paolo Francesco Silvestris (PPE)
On 15 February 2012, Massimiliano Latorre and Salvatore Girone, Italian soldiers from the San Marco battalion, stationed on the Italian oil tanker Enrica Lexie as a military protection corps forming part of international anti-piracy operations in the Indian Ocean, were taken into custody by the authorities of the Indian state of Kerala and charged with having murdered two Indian fishermen, mistaken for pirates. Following many unjustified delays, the decision on jurisdiction is currently pending before the High Court of Kerala.
Given that:
In paragraph 30 of Resolution P7_TA(2012)0203[1] on maritime piracy, adopted on 10 May 2012, the European Parliament states that: ‘… on the high seas, according to international law, in all cases, including actions taken in the fight against piracy, the national jurisdiction of the flag state applies on the ships concerned, as well as to the military staff deployed on board; notes, moreover, that no arrest or detention of a ship may be ordered, even as a measure of investigation, by any authorities other than those of the flag state’;
If the outcome of this case is not positive, it is likely to compromise international anti-piracy operations (including Atalanta), both for Italy and for other countries, who may consider their soldiers to be too exposed;
The soldiers in question are qualified soldiers and fully represent the state, which should in all cases assume legal responsibility; the soldiers enjoy functional immunity, under which representatives of the state cannot be subject to the civil or criminal jurisdiction of another state for acts performed in the course of their duties;
Can the Vice-President/High Representative of the Union for Foreign Affairs and Security Policy say:
- 1.What diplomatic action has so far been taken and what action is planned to ensure that the two soldiers are returned to Italy to undergo fair legal proceedings, in compliance with international law?
- 2.What sort of pressure can the EU exert on India should the decision on jurisdiction go against Italy, which would be a clear breach of international law?
- [1] http://www.europarl.europa.eu/sides/getDoc.do?pubRef=//EP//TEXT+TA+P7-TA-2012-0203+0+DOC+XML+V0//EN
OJ C 277 E, 26/09/2013