MOTION FOR A RESOLUTION on the case of the two Italian ‘marò’
12.1.2015 - (2015/2512(RSP))
pursuant to Rule 123(2) of the Rules of Procedure
Ignazio Corrao, Fabio Massimo Castaldo, Marco Valli, Tiziana Beghin on behalf of the EFDD Group
See also joint motion for a resolution RC-B8-0006/2015
The European Parliament,
– having regard to the Treaty on European Union and the Treaty on the Functioning of the European Union,
– having regard to the Charter of Fundamental Rights of the European Union,
– having regard to the International Covenant on Civil and Political Rights, in particular Article 14 thereof,
– having regard to the European Convention on Human Rights and Fundamental Freedoms and the additional protocols thereto,
– having regard to the Universal Declaration of Human Rights,
– having regard to the UN Convention on the Law of the Sea,
– having regard to President Barroso’s remarks of 29 January 2014 following his meeting with Italian Prime Minister Enrico Letta and the visit of the Italian Government to the Commission,
– having regard to all the statements by both the Commission and its Vice-President / the High Representative of the Union for Foreign Affairs and Security Policy on the case of the Italian ‘marò’ Massimiliano Latorre and Salvatore Girone,
– having regard to the statement by UN spokesperson Stéphane Dujarric of 6 January 2015,
– having regard to Rule 123(2) of its Rules of Procedure,
A. whereas on 15 February 2012 an incident occurred off the coast of Kerala in southern India in which two local fishermen were killed and two Italian navy officers, Massimiliano Latorre and Salvatore Girone, were arrested by the Kerala police;
B. whereas the two Italian soldiers were on the Italian oil tanker Enrica Lexie, in service and performing their duties as part of an anti-piracy mission under UN Security Council Resolutions 1970 (2011) and 1973 (2011);
C. whereas this sparked an international incident which is characterised by absolute uncertainty over the future of the two Italians, given that almost three years later no formal charges have been laid in connection with the shootings;
D. whereas on 12 September 2014 India allowed Mr Latorre to return to Italy for four months for medical treatment after he suffered a stroke while in detention; whereas on 6 January 2015 Mr Latorre underwent heart surgery to cure his condition, but whereas he still needs medical care; whereas Mr Girone is currently still in India;
E. whereas on 16 December 2014 the Supreme Court in New Delhi refused the two marines’ requests for the relaxation of the conditions of their provisional freedom; whereas Mr Latorre asked for his stay in Italy for health treatment to be extended and Mr Girone asked to be allowed to spend the Christmas period with his family;
F. whereas the incredible delays in the process and the absence of any charge against the two Italian military officers amount to violations of human rights and of the right to a fair trial;
G. whereas this issue also has a bearing on the global fight against piracy, to which the EU is strongly committed;
H. whereas on 15 October 2014, the then Vice-President of the Commission / High Representative of the Union for Foreign Affairs and Security Policy (VP/HR), Catherine Ashton, condemned the conduct of the Indian authorities, encouraging the Indian Government to find a quick and satisfactory solution in conformity with the UN Convention on the Law of the Sea and international law;
I. whereas on 16 December 2014 the VP/HR, Federica Mogherini, stressed that the case could have an impact on relations between the EU and India;
J. whereas on 10 May 2012 Parliament adopted a resolution on maritime piracy which 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’ and notes 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’;
K. whereas the Italian Government has strongly criticised the conduct of the Indian authorities and their lack of cooperation, and whereas on 17 December 2014 the Italian Foreign Minister, Paolo Gentiloni, announced the urgent recall of the Italian ambassador to India for consultations;
L. whereas EU citizenship is conferred directly on every EU citizen by the Treaty on the Functioning of the European Union, and whereas the EU has a direct interest in supporting its citizens in international disputes such as that involving the two Italian and EU citizens Massimiliano Latorre and Salvatore Girone;
M. whereas the EU has a central role in respect for human rights both within Europe and at the international level;
1. Deplores the conduct of the Indian authorities in managing the case of the Italian marò, and believes that the absence of any charge against the two soldiers and the incredible delays in the process amount to violations of human rights and of the right to a fair trial under the International Covenant on Civil and Political Rights, to which India is a signatory;
2. Expresses great concern about the legal uncertainty surrounding the case of the Italian marò; believes that after three years it is not acceptable that the soldiers are still waiting to know their fate;
3. Deeply regrets the Supreme Court’s decision to refuse the requests of Mr Latorre and Mr Girone for the relaxation of the conditions of their provisional freedom; points out Mr Latorre’s health situation and his need to receive medical assistance in the country in which he was operated on;
4. Supports the Italian Government’s efforts to find a solution to the case, but believes that the EU too has a duty to step in to protect the rights of its citizens;
5. Takes note of UN Secretary-General Ban Ki-moon’s concern over the ongoing dispute with India and its implications for common efforts for peace and international security; invites the UN to do everything in its power to facilitate a solution to the situation;
6. Invites the Indian authorities to let the two marò return permanently to Italy as soon as possible, applying the rule of the national jurisdiction of the flag state in conformity with international law, as previously called for in its resolution of 10 May 2012;
7. Urges the VP/HR to take all steps necessary to facilitate the resolution of the diplomatic incident, and first and foremost to protect the two Italian marò;
8. Asks the Commission and the Council to take the case of the two marò into account in the negotiation of trade agreements with India and to evaluate the possibility of suspending the ongoing negotiations for a free trade agreement and of adopting further measures, including the application of trade sanctions;
9. Instructs its President to forward this resolution to the Council, the Commission, the European External Action Service, the Vice-President of the Commission / High Representative of the Union for Foreign Affairs and Security Policy, the Government and Parliament of Italy, the UN Secretary-General and the Government and Parliament of India.