To read more about it, please visit our Blog http://www.desikanoon.co.in/2021/06/law-podcast-show-enrica-lexie-italian-ship-massimiliano-latorre-salvatore-girone-fisherman.htmlTelegram: https://t.me/Legal_Talks_by_DesiKanoonYouTube Channel: https://www.youtube.com/channel/UCMmVCFV7-Kfo_6S42kPhz2wApple Podcasts: https://podcasts.apple.com/us/podcast/legal-talks-by-desikanoon/id1510617120Spotify: https://open.spotify.com/show/3KdnziPc4I73VfEcFJa59X?si=vYgrOEraQD-NjcoXA2a7Lg&dl_branch=1&nd=1Google Podcasts: https://podcasts.google.com/feed/aHR0cHM6Ly9mZWVkcy5zaW1wbGVjYXN0LmNvbS84ZTZTcGREcw?sa=X&ved=2ahUKEwiuz4ifzpLxAhVklGMGHb4HAdwQ9sEGegQIARADAmazon Music: https://music.amazon.com/podcasts/4b89fb71-1836-414e-86f6-1116324dd7bc/Legal-Talks-by-Desikanoon Please subscribe and follow us on YouTube, Instagram, iTunes, Twitter, LinkedIn, Discord, Telegram and Facebook. Credits: Music by Wataboi from Pixabay Stay tuned for more updates. Thanks for listening! On today’s show, we will discuss a latest judicial pronouncement by the Hon’ble Supreme Court of India, namely, Massimilano Latorre and Others versus Union of India and Others, 2021 SCC OnLine SC 428, wherein an unfortunate incident that took place in the year 2012, leading to death of two Indian fishermen due to firing from an Italian vessel M.V. Enrica Lexie, will be discussed. BACKGROUND The brief facts of the case are that on the fateful day of 15.02.2012, M.V. Enrica Lexie was sailing from Singapore to Egypt and while it was around 20.50 Nautical Miles off the Indian coast, within the Contiguous Zone of India’s Exclusive Economic Zone (EEZ), some shots were fired from the said Italian Vessel, leading to death of two Indian Fisherman, aboard the Indian boat, St. Antony. In this regard, two Italian Special Corps/Marines, Massimiliano Latorre and Salvatore Girone, aboard M.V. Enrica Lexie were arrested by the Indian authorities on the charges of Murder under Section 302 of the Indian Penal Code. However, in both the Indian Courts and the International forums, the Italian Government claimed that India has no jurisdiction to try the matter or conduct investigation in the case, since the incident had occurred on the international waters that is beyond the territory of India. Subsequently, the matter came up before the Permanent Court of Arbitration, located in the Hague, Netherlands under the Convention accepting the Jurisdiction of the International Tribunal for the Law and the UN Convention on the Law of the Sea. The Permanent Court of Arbitration held in the year 2020 that the Italian Marines are entitled to immunity in relation to the acts committed by them during the incident, and India is precluded from exercising its jurisdiction over the marines. Further, it was also held that the India is entitled to payment of compensation in connection with loss of life, physical harm, material damage to property and moral harm suffered. The said Arbitral Tribunal pronounced its Award on 21.05.2020 wherein Italy’s commitment of resuming criminal investigation against the marines in their country was recorded and a total compensation of ₹10 Crores would be given to the family members of the deceased fishermen and the owner of the boat, St. Antony. PROCEEDINGS BEFORE THE SUPREME COURT The Indian Courts continued to exercise jurisdiction and ultimately, the matter came up before the Supreme Court in relation to maintainability of proceedings. The Italian Marines argued that India and Italy are signatories to UNCLOS (UN Convention on the Law of the Sea) and had agreed to resolve the dispute in terms of binding dispute resolution mechanism provided in Annexure VII to the UNCLOS, before an Arbitral Tribunal that is the Permanent Court of Arbitration. This Tribunal has duly pronounced its Award. The legal heirs and the owner of the boat also gave their consent to accept the amount of compensation offered and it was prayed that the criminal proceedings against the Italian Marines be quashed in exer