This web site deals with the story of the two Italian Marines from February 2012 in "judicial custody” from India, accused of killing two fishermen during an anti-piracy escort service.
It will be helpful to lawyers, judges of the Permanent Court of Arbitration in The Hague and the public opinion to make an appropriate assessment of the situation, in particular of indian accusations of guilt, repeated on 6 August 2015 to the International Tribunal for the Law of the Sea to Hamburg, despite the fact that in India no criminal trial had been initiated against the two defendants, nor the evidence filed in any of its national or federal courts.
As the Indian judicial documents proving the allegations, in these six years, have not been made public (not even delivered to the Italian judiciary that had requested), everything remained uncertain. But Indian authorities have made a wise media use of them, trying to confirm, on many occasions, a "guilt" that the proof of facts shows nonexistent.
Nonexistent, because fortunately, on August 27, 2015 the undersigned has requested these documents to the Court of Hamburg where India had them deposited as Annexes to a written document, strongly confirming that the two accused are guilty. And the Hamburg Court sent them to me after a few hours.
It was therefore possible to examine the various original documents (I am a Court Expert with over thirty years of experience in complex investigations in aeronautics field) having the confirmation that they are inconsistent, omissive and prejudicial.
Everyone can judge by himself.
The two accused Marines were under Indian criminal jurisdiction for six years. Italy has requested and obtained that, while the Permanent Court of Arbitration in The Hague decides on jurisdiction (decision scheduled for the end of 2018), Salvatore Girone too could return to Italy (Massimiliano Latorre, suffering from a stroke, had already been exceptionally allowed to return to Italy to receive health care).
This work submits to the judges, lawyers and international public opinion, the legal inconsistency of Indian accusations and the exploitation of an unsustainable judicial proceeding before any court of the "Rule of Law" pending the final decision of the Court of Hague about who should judge the two Italian soldiers for facts that happened at sea, outside their national waters.
It is unbearable to think that the blame allegation established by the Indian Authorities at the Court of Hamburg on 6 August 2015, supported by attachments in which evidence of innocence is found, can influence the judges on the decision to leave the two defendants in Indian custody.
The inconsistency of the charges is proved beyond a reasonable doubt, and we, as Italian public opinion, will enforce.---
September 1, 2018
- Luigi Di Stefano, Court Expert