AugustaWestland Bribery Cover-Up, Italian Marines Let Go
Re: AugustaWestland Bribery Cover-Up, Italian Marines Let Go
Will be coming soon under Aman ki Asha.
Question: Will this apply to SG and RG if convicted in future. Then they exercise the option of serving in Italy and go on parole?
Question: Will this apply to SG and RG if convicted in future. Then they exercise the option of serving in Italy and go on parole?
Re: AugustaWestland Bribery Cover-Up, Italian Marines Let Go
Yes they would be put under villa arrest there, and their fountains would be allowed only 8 hours of water per day! Visiting hours too would restricted. From India only Congress party leaders would be allowed to visit.Aditya_V wrote:Will be coming soon under Aman ki Asha.
Question: Will this apply to SG and RG if convicted in future. Then they exercise the option of serving in Italy and go on parole?
Re: AugustaWestland Bribery Cover-Up, Italian Marines Let Go
Folks under Italian law a person of Italian citizenship never loses citizenship even after acquiring another nations citizenship
So technically she can be extradited as she will willingly suffer in Italy rather than in India
So technically she can be extradited as she will willingly suffer in Italy rather than in India
Re: AugustaWestland Bribery Cover-Up, Italian Marines Let Go
That the Italians would serve any Indian sentence in Italy was never in doubt and should be no surprise.
What is surprising is the full Monti & co. decided to pull the stunt they did without any need to do so and upset the apple cart.
There's been a lot of talk in Italy about the Aviano incident and right winger and opponents (Berlusconi bro) of this Italian govt. have been on "you have no ball$' kick. The marines incident became a litmus test of 'testimonials' (you can read about this).
Half Monti and co, in a true Sushil Kumar Shinde moment, came up with the concept of strategic defiance (sorry Mirza Aslam Beg--no credits) and thought they could pull a fast one and that SG would be there to intercede and 'calm things down' (read Daniele Mancini's comments afterwards about 'mature democracies').
The basic (stupid) idea was they could appear strong in Italy by 'standing up to India'. They of course, did not anticipate the reaction in the 'high command' which wanted nothing that would refresh SG's credentials/origins in Indian minds.
It's not a coincidence that Italians were good at opera. Sushil Kumar OTOH is still in the process of revealing his inner shinde.
What is surprising is the full Monti & co. decided to pull the stunt they did without any need to do so and upset the apple cart.
There's been a lot of talk in Italy about the Aviano incident and right winger and opponents (Berlusconi bro) of this Italian govt. have been on "you have no ball$' kick. The marines incident became a litmus test of 'testimonials' (you can read about this).
Half Monti and co, in a true Sushil Kumar Shinde moment, came up with the concept of strategic defiance (sorry Mirza Aslam Beg--no credits) and thought they could pull a fast one and that SG would be there to intercede and 'calm things down' (read Daniele Mancini's comments afterwards about 'mature democracies').
The basic (stupid) idea was they could appear strong in Italy by 'standing up to India'. They of course, did not anticipate the reaction in the 'high command' which wanted nothing that would refresh SG's credentials/origins in Indian minds.
It's not a coincidence that Italians were good at opera. Sushil Kumar OTOH is still in the process of revealing his inner shinde.

Re: AugustaWestland Bribery Cover-Up, Italian Marines Let Go
If any one had any doubt , it should be dispelled by this news.
All orchestrated dramabazi to which Indians or bees are made fool of.
Marines case: India will honour assurance given to Italy, home ministry says
All orchestrated dramabazi to which Indians or bees are made fool of.
Marines case: India will honour assurance given to Italy, home ministry says
NEW DELHI: Notwithstanding NIA slapping murder charge against two Italian marines, India will honour the assurance given to Italy that the duo will not face death penalty for allegedly killing two fishermen off Kerala coast.
The National Investigation Agency (NIA) will not press for death sentence against the marines — Massimiliano Lattore and Salvatore Girone — as per the assurance given by India to Italy even if they are convicted of murder.
"We will honour whatever assurance given to Italy," Union home secretary RK Singh told reporters here on Monday.
looking for Guvship somewhere for next ten years or so.
On March 22, after the return of the marines from Italy, external affairs minister Salman Khurshid had told Parliament that India has given an assurance to that country that the two will not face death penalty nor will they be liable for arrest if they return by the deadline set by the Supreme Court.
India had given the assurance after clarifications were sought by Italy on death penalty which was a "concern" to that country.
Khurshid had also said "... According to well-settled Indian jurisprudence, this case would not fall in the category of matters which attract death penalty, that is to say the rarest of rare cases. Therefore, there need not be any apprehension in this regard".
Re: AugustaWestland Bribery Cover-Up, Italian Marines Let Go
UPA should first honor the vow it took on the Constitution of India to defend the lives of Indians. Whatever the punishment, the Italian Marines SHOULD SERVE THEIR SENTENCE IN INDIA.
If Sonia Gandhi's government again allows the Marines to return to Italy, it is nothing short of Treachery!
Re: AugustaWestland Bribery Cover-Up, Italian Marines Let Go
Shri Narendra Modi talks on 'Vibrant Growth Model' with Chambers of Industry, Kolkata on Apr 09, 2013
@1:16:50
@1:16:50
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Re: AugustaWestland Bribery Cover-Up, Italian Marines Let Go
First:
Now:Marines case: India will honour assurance given to Italy, home ministry says
I don't know what GoI means by "it is unhappy with US clean chit". GoI it self has given clean chit to Italian navy men, so next time Somalian pirates shoot and kill Indians, pirates will give a clean and there is nothing GoI can say, why is it expecting other nations to do it's work of protecting or caring for it's citizen when it has abandoned it's own duty and responsibility?India unhappy at US clean chit to Navymen
Re: AugustaWestland Bribery Cover-Up, Italian Marines Let Go
NIA cannot probe marines case: Italian govt to Supreme Court
Whether Anyone has any doubt?? Eytalian Jamaais are free to go whatever be the outcome of the case in trial court.PTI : New Delhi, Tue Apr 16 2013, 12:53 hrs
NIA has no jurisdiction to probe the case against the marines, Italian government tells Supreme Court.
At the same, Centre tells SC Probe against Italian marines in the fishermen killing case will be completed within 60 days,
Last week confusion prevailed over the laws under which the Italian marine duo, accused of killing two Kerala fishermen, are to be prosecuted amid indications that the high-profile case is likely to be handed over to CBI from NIA.
Government sources said as per the assurance given by India to Italy, the marines will not be given death sentence and hence the stringent Suppression of Unlawful Acts Against Safety of Maritime Navigation and Fixed Platforms on Continental Shelf Act, 2002 slapped against the duo will be dropped.
Under this Act, offence of murder is punishable only with death sentence.
However, if Massimiliano Lattore and Salvatore Girone are not prosecuted under this law, the National Investigation Agency, which has been assigned to investigate the case, cannot probe it as the agency is mandated to investigate only scheduled offences.
Therefore, sources said, if the stringent law is dropped, the NIA will have to give away the case and the case has to be handed over to another federal investigating agency -- most probably CBI -- for prosecuting the duo under IPC and CrPC.
Sources said no decision has been taken on it yet as both Home Minister Sushilkumar Shinde and Home Secretary R K Singh are away in Russia on a bilateral visit.
A decision on the issue is expected only after April 16 when the Centre will give its submission on the case before Supreme Court.
On March 22, after the return of the marines from Italy, External Affairs Minister Salman Khurshid had told Parliament that India has given an assurance to that country that the two will not face death penalty nor will they be liable for arrest if they return by the deadline set by the Supreme Court.
Re: AugustaWestland Bribery Cover-Up, Italian Marines Let Go
It is totally immaterial what "assurances" Government of India under the leadership of Italian-born Sonia Gandhi gave to the Italians. The marines should be prosecuted according to the laws they broke.
Even if they are not to be given the death sentence, why can't they be prosecuted according to the "Suppression of Unlawful Acts Against Safety of Maritime Navigation and Fixed Platforms on Continental Shelf Act, 2002"?
The "death sentence", should the Marines get any, can be commuted by the President, and GoI can advise the President to do so according to GoI's "assurances" to the Italians. But that does not give the executive branch the right to interfere in the workings of the judiciary and the judicial process.
Even if they are not to be given the death sentence, why can't they be prosecuted according to the "Suppression of Unlawful Acts Against Safety of Maritime Navigation and Fixed Platforms on Continental Shelf Act, 2002"?
The "death sentence", should the Marines get any, can be commuted by the President, and GoI can advise the President to do so according to GoI's "assurances" to the Italians. But that does not give the executive branch the right to interfere in the workings of the judiciary and the judicial process.
Re: AugustaWestland Bribery Cover-Up, Italian Marines Let Go
If Italians were caught stealing they would be charged and jailed when punished by court after investigation by NIA? But on charges of murder the NIA can't investigate, minister has to give assurance and charges don't apply?
This is what can happen with Europeans in picture by default.
This is what can happen with Europeans in picture by default.
Re: AugustaWestland Bribery Cover-Up, Italian Marines Let Go
It is for the prosecuting agency to decide which charges are slapped and under which law. After all TADA was not invoked for Sanjay. Also it depends on prosecutors to ask for quantum of sentence. However here court would have liberty to decide that based on charges proved.RajeshA wrote:It is totally immaterial what "assurances" Government of India under the leadership of Italian-born Sonia Gandhi gave to the Italians. The marines should be prosecuted according to the laws they broke.
Even if they are not to be given the death sentence, why can't they be prosecuted according to the "Suppression of Unlawful Acts Against Safety of Maritime Navigation and Fixed Platforms on Continental Shelf Act, 2002"?
The "death sentence", should the Marines get any, can be commuted by the President, and GoI can advise the President to do so according to GoI's "assurances" to the Italians. But that does not give the executive branch the right to interfere in the workings of the judiciary and the judicial process.
State is the Prosecutor under criminal jurisprudence.
Re: AugustaWestland Bribery Cover-Up, Italian Marines Let Go
chaanakya ji,
The state would still have to give a good explanation why the "Suppression of Unlawful Acts Against Safety of Maritime Navigation and Fixed Platforms on Continental Shelf Act, 2002" which was considered earlier would not be applicable.
The prosecution has to be based solely on the crime and not on political considerations.
The state would still have to give a good explanation why the "Suppression of Unlawful Acts Against Safety of Maritime Navigation and Fixed Platforms on Continental Shelf Act, 2002" which was considered earlier would not be applicable.
The prosecution has to be based solely on the crime and not on political considerations.
Re: AugustaWestland Bribery Cover-Up, Italian Marines Let Go
Here State means UPA2 and you are very optimistic. Have you followed criminal trials in India? That would be revealing.
Re: AugustaWestland Bribery Cover-Up, Italian Marines Let Go
chaanakya ji,
it is not about optimism. For me it is all politics. If the UPA2 try to conduct themselves in such a way, then basically they are making themselves liable to political attack, that they are working for Italian and not Indian interests or national pride.
Now it is up to the Indians in general and the opposition in particular to nail this UPA2 regime.
The criminal aspect is for me secondary, because we know that the Italian Marines would be sent home anyway and be given a hero's treatment.
What I am stating is what should be expected of a government working for Indian interests and dignity, and not what my expectation is of UPA2 government.
it is not about optimism. For me it is all politics. If the UPA2 try to conduct themselves in such a way, then basically they are making themselves liable to political attack, that they are working for Italian and not Indian interests or national pride.
Now it is up to the Indians in general and the opposition in particular to nail this UPA2 regime.
The criminal aspect is for me secondary, because we know that the Italian Marines would be sent home anyway and be given a hero's treatment.
What I am stating is what should be expected of a government working for Indian interests and dignity, and not what my expectation is of UPA2 government.
Re: AugustaWestland Bribery Cover-Up, Italian Marines Let Go
IMO the case should not be tried under the "Suppression of Unlawful Acts Against Safety of Maritime Navigation and Fixed Platforms on Continental Shelf Act, 2002". It should have been tried under normal criminal law. I have posted the relevant clauses multiple times already over the last year. But anyways this is more to do with politics and ego and less to do with law. When the crime has been committed in the Contiguous zone on an Indian flagged and registered vessel, the case should be under normal criminal jurisdiction. I was a little surprised to read the NIA had filed a case under that act in fact..and IMO it would help the Italian marines get away. The 'unlawful act' impinging upon the 'right to safe passage' within Indian waters can be construed to be violated by an unknown vessel getting to near a vessel that has been maintaining it's course and thus was forced to take action even if incorrect. Anyways. 

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Re: AugustaWestland Bribery Cover-Up, Italian Marines Let Go
http://www.repubblica.it/esteri/2013/03 ... -55124451/
nice.
loving italian comments. sound like buffoons, many of them...."international treaties/waters" they go.
nice.
loving italian comments. sound like buffoons, many of them...."international treaties/waters" they go.
Re: AugustaWestland Bribery Cover-Up, Italian Marines Let Go
Cross-posting a post by Neela from the "India-EU News & Analysis" Thread

WTF ARE THOSE MARINES NOT IN AN INDIAN JAIL AWAITING PROCESS AND SENTENCE?

Neela wrote:We might as well roll over and die!
Remember the Italian marines? They seem to be having a nice time partying .
Also seen enjoying the party:
- Archbishop of Delhi
- Secretary to former president Pratibha Patil.

WTF ARE THOSE MARINES NOT IN AN INDIAN JAIL AWAITING PROCESS AND SENTENCE?


Killer’ marines party with Mancini at Vatican Embassyarun wrote:All in all a pretty disgusting spectacle to see the Christist Catholic Church hierarchy, both from the Vatican HQ and our own country, consorting with killers. Actions reeks of racism on the part of the Christist Catholic Church officials from their Vatican HQ and caste prejudice on the part our own country's Christist Catholic hierarchy as I am given to understand that the "Latin" Catholics, to which christist group one of the murdered fisherman belonged, are considered "Low Caste".
Re: AugustaWestland Bribery Cover-Up, Italian Marines Let Go
Hope Sadhana ji is reading the blessings of Vatican for killing Indian
Fisher men
The Lord him self was thought to be fishermen
Fisher men
The Lord him self was thought to be fishermen