News / Asia

India Extends Restrictions on Italian Ambassador

A view of the Indian Supreme Court building in New Delhi, Dec.7, 2010.
A view of the Indian Supreme Court building in New Delhi, Dec.7, 2010.
VOA News
India's Supreme Court has extended its order barring the Italian ambassador from leaving the country for another week, rejecting his explanation for Italy's refusal to return two Italian marines charged with murder in New Delhi.

Chief Justice Altamas Kabir said Monday that Ambassador Daniele Mancici had waived his diplomatic immunity protecting him from arrest or detention when he submitted a written affidavit promising the marines would return to India by March 22.

Massimiliano Latorre and Salvatore Girone were part of a military security team on board a cargo ship when they shot and killed two Indian fishermen last year they had mistaken for pirates.

Italy claims the shooting occurred in international waters and that Rome should have jurisdiction in the case. Indian authorities say the ship was in Indian waters off the southern state of Kerala.

India last month granted Mancici's request that the marines be allowed to return to Italy to vote in that country's national elections based on his written assurance they would return.

But last week the Italian government announced the men would not go back, prompting fury in New Delhi.

The Indian Supreme Court then ruled Mancici had formally violated his pledge and barred him from leaving India, issuing an alert to airports with instructions that "appropriate steps" be taken to restrain him.

Relations between the two countries have been strained for other reasons, including corruption allegations over the pending sale of advanced Italian military helicopters which the Indian government is threatening to void.

Some information for this report was provided by AP and AFP.

You May Like

800-Pound Man Determined to Slim Down

Man says he was kicked out of hospital for ordering pizza; wants to be an actor More

Australia Prepares to Resettle 12,000 Syrian Refugees

Preference will be given to refugees from persecuted minorities, and the first group is expected to arrive before late December More

S. African Miners Seek Class Action Suit Against Gold Mines

The estimated 100,000 say say they contracted the lung diseases silicosis and tuberculosis in the mines More

This forum has been closed.
Comment Sorting
by: Time has changed from: North America
March 20, 2013 6:57 AM
India: India will be humiliated for some over reaction.
Italy: Italy has lost trust and it will take long time to regain trust & respect from world community.
Fisherman's family: They are real victim and no one can return fisherman.

by: Time has Changed from: non EU
March 19, 2013 10:07 PM
Thousands of Indian Soldiers fought for liberation of Italy in second world war. Thousands died and they are in grave in Italy. Here we are discussing about the two Italian soldiers who are alive. Think several time before rough comments otherwise soldiers in grave will feel regret.

by: JKF from: Ottawa, Canada
March 19, 2013 11:12 AM
A waiver of immunity under duress, is not really something that can stand. A diplomat, in a foreign country, whose duty is to extend protection to his country's citizens, is in fact under duress if he violates his duties or and responsibilities to his native state gvmt. Signing any document or making any agreement, under duress, is not a valid agreement. In any case, only the national authorities, to which the diplomat belongs, can in fact remove his/her immunity. It will be interesting to see how this case gets resolved, but holding a diplomat, without the consent of his/her government is absolutely wrong; it violates all past diplomatic traditions.

by: os from: ss
March 18, 2013 6:15 PM
Article 32(3) The initiation of proceedings by a diplomatic agent or by a person enjoying immunity from jurisdiction under article 37 shall preclude him from invoking immunity from jurisdiction in respect of any counterclaim directly connected with the principal claim.

It's the law. So no diplomatic immunity. However, they cannot enforce it once it's a judgement. Right now it's just a restriction on movement based on his submission to the Indian court. Not a final judgement/determination on immunity.

Article 32(4) Waiver of immunity from jurisdiction in respect of civil or administrative proceedings shall not
be held to imply waiver of immunity in respect of the execution of the judgement, for which a separate
waiver shall be necessary.

In Response

by: Tripat from: new delhi
March 21, 2013 9:53 AM
As per law Host gov. or court cannot initiate any criminal or legal proceedings on a diplomat of another country, but in this case Italian gov. itself send there ambassador to the court thus bringing him under the law of land. In this case the host country did not initiate any legal procedure but Italian gov. did it. So technically Italian gov. themselves surrendered the immunity by producing a affidavit in the court. Moreover in the court of law only an individual can produce an affidavit not a designation or authority therefore mancici was not acting as an ambassador in the court while signing the affidavit, and if Italian gov. says they were not aware of. Sorry you are already in trouble for the same.
In Response

March 19, 2013 5:58 AM
Italian Government dose not seems to have much respect for the rule of low or the Judiciary. The Ambassador of Italy gave a written affidavit in the Supreme Court that the Marines will be returned by 22 of March to stand trial. This is an undertaking given by the Republic of Italy through its Ambassador. Now if they declare that they will not respect the undertaking they have given in writing to the Supreme court then there is not validity for any of the contract Italian Government signs.

Featured Videos

Your JavaScript is turned off or you have an old version of Adobe's Flash Player. Get the latest Flash player.
Amnesty Accuses Saudi Coalition of ‘War Crimes’ in Yemeni
Henry Ridgwell
October 12, 2015 4:03 PM
The human rights group Amnesty International has accused the Saudi-led coalition of war crimes in airstrikes against Houthi rebels in Yemen. Henry Ridgwell reports the group says hundreds of civilians have been killed in strikes on residential areas.

Video Amnesty Accuses Saudi Coalition of ‘War Crimes’ in Yemen

The human rights group Amnesty International has accused the Saudi-led coalition of war crimes in airstrikes against Houthi rebels in Yemen. Henry Ridgwell reports the group says hundreds of civilians have been killed in strikes on residential areas.

Video No Resolution in Sight to US House Speaker Drama

Uncertainty grips the U.S. Congress, where no consensus replacement has emerged to succeed Republican House Speaker John Boehner after his surprise resignation announcement. Half of Congress is effectively leaderless weeks before America risks defaulting on its national debt and enduring another partial government shutdown.

Video New Art Exhibit Focuses on Hope

Out of struggle and despair often comes hope. That idea is behind a new art exhibit at the American Visionary Art Museum in Baltimore, Maryland. "The Big Hope Show" features 25 artists, some of whom overcame trauma and loss. VOA’s Deborah Block reports.

Video Columbus Day Still Generates Controversy as US Holiday

The second Monday of October is Columbus Day in the United States, honoring explorer Christopher Columbus and his discovery of the Americas. The achievement is a source of pride for many, but for some the holiday is marked by controversy. Adrianna Zhang has more.

Video Anger Simmers as Turks Begin to Bury Blast Victims

The Turkish army carried out new air strikes on Kurdistan Workers Party (PKK) targets on Sunday, a day after the banned group announced a unilateral cease fire. The air raids apparently are in retaliation for the Saturday bombing in Turkey's capital Ankara that killed at least 95 people and wounded more than 200 others. But as Zlatica Hoke reports, there are suspicions that Islamic State is involved.

Video Bombings a Sign of Turkey’s Deep Troubles

Turkey has begun a three-day period of mourning following Saturday’s bomb attacks in the capital, Ankara, that killed nearly 100 people. With contentious parliamentary elections three weeks away, the attacks highlight the challenges Turkey is facing as it struggles with ethnic friction, an ongoing migrant crisis, and growing tensions with Russia. VOA Europe correspondent Luis Ramirez reports.

Video Afghanistan’s Progress Aided by US Academic Center

Recent combat in Afghanistan has shifted world attention back to the central Asian nation’s continuing civil war and economic challenges. But, while there are many vexing problems facing Afghanistan’s government and people, a group of academics in Omaha, Nebraska has kept a strong faith in the nation’s future through programs to improve education. VOA’s Greg Flakus has more from Omaha, Nebraska.

Video House Republicans in Chaos as Speaker Favorite Withdraws

The Republican widely expected to become the next speaker of the House of Representatives shocked his colleagues Thursday by announcing he was withdrawing his candidacy. The decision by Majority Leader Kevin McCarthy means the race to succeed retiring Speaker John Boehner is now wide open. VOA National Correspondent Jim Malone reports.

Video German, US Officials Investigate Volkswagen

German officials have taken steps to restore some of the reputation their car industry has lost after a recent Volkswagen diesel emissions scandal. Authorities have searched Volkswagen headquarters and other locations in an effort to identify the culprits in the creation of software that helps cheat on emission tests. Meanwhile, a group of lawmakers in Washington held a hearing to get to the bottom of the cheating strategy that was first discovered in the United States. Zlatica Hoke reports.

Video Why Are Gun Laws So Hard for Congress to Tackle?

Since taking office, President Barack Obama has spoken out or issued statements about 15 mass shootings. The most recent shooting, in which 10 people were killed at a community college, sparked outrage over the nation's gun laws. But changing those laws isn't as easy as many think. VOA's Carolyn Presutti reports.

Video In 'He Named Me Malala,' Guggenheim Finds Normal in Extraordinary

Davis Guggenheim’s documentary "He Named Me Malala" offers a probing look into the life of 18-year-old Malala Yousafsai, the Pakistani teenager who, in 2012, was shot in the head by the Taliban for standing up for her right to education in her hometown in Pakistan's Swat Valley. Guggenheim shows how, since then, Malala has become a symbol not as a victim of brutal violence, but as an advocate for girls’ education throughout the world. VOA’s Penelope Poulou has more.

Video Paintable Solar Cells May Someday Replace Silicon-Based Panels

Solar panels today are still factory-manufactured, with the use of some highly toxic substances such as cadmium chloride. But a researcher at St. Mary’s College, Maryland, says we are close to being able to create solar panels by painting them on a suitable surface, using nontoxic solutions. VOA’s George Putic reports.

VOA Blogs