THE SHOOTING BY THE ITALIAN TANKER GUARDS

An Italian oil Tanker, Enrica Lexie,  which was travelling from Singapore to Egypt on 15Th of this month found a (fishing)  Trawler, St. Anthony, within the shooting range. There were armed guards to the oil tanker which has now become a standard practice to appoint some in ships since pirates' attack against ships are on the increase. (Actually it is a serious matter to enter in another country with ballistics). The armed guards in the Enrica Lexie  shot at the fishing trawler mistaking it as a pirates' vessel and two fisher men died, one on the spot and the other a little time later.

The right procedure in such a situation is the guards to inform Captain about the suspicious ship and captain alert the (Indian)coast guards who have all the facilities to verify the ship and if necessary to reach on the spot in a matter of few minutes. The ship was travelling in the  Indian waters just 26 nautical miles off Neendakara port and the time was about 4.30 in the evening  with clear sun light.

  Obviously the armed guards in the ship knew nothing of the maritime laws and procedures except to fire on passing  vessels like pirates.

The ship continued its journey .  The poor fishermen informed the Kerala Police about the shooting and they alerted the coast guard who made the ship to turn back to Cochin port. The police had a difficult time in convincing the Captain that they had erred and made a criminal offence by killing two fishermen in cold blood.  Nevertheless  the Police arrested the guards, charged them with murder and.produced them before Magistrate who directed the police to keep the guards in remand.

There were incidents of Indian fishermen killed in the Sri Lankan waters as they stray in to that zone inadvertently but an incident of fishermen getting killed nearby the land like this is the first time in India and as result of it the entire country, especially Kerala, felt so strongly about it that it soon became a diplomatic issue between Italy and India.The Deputy foreign Minister visited Kerala and discussed the matter with the Kerala Police chief. Also the Indian Foreign Ministry lodged a complaint with the Italian Ambassador.The case is in the court  and the Italian side wants the murder charges levelled against the guards  withdrawn  and  their position is that the incident occurred in international waters. and cannot be tried in India.. An higher court has not accepted  it.and the case is going on.

The Government of Kerala will give a consolation aid of five Lakh rupees to one victim who is Keralite and a similar amount will give to the other victim who is a Tamilian by the Tamil Nadu Government.

 On the flip side, the Italian Government took quick and efficient action on the matter and it is commendable that an entire Government machinery was spared to work so earnestly to rescue two of its citizens.The Italians even handed over a list of food the remanded guards preferred  and also noted  the  comfort of the guards and the accommodation given to them.  I think India need to take note of it as an example since many Indians are languishing in various jails abroad and most of them can be got freed if the Government strongly argued  for them in right earnest.

Latest: The case is still in the court and the Guards in the Indian custody. Meanwhle the ship gave One crore rupees (about two hundred thousand Dollars)  for each victim's  family and they withdrew case from the court. Now the case is between Government of India and the Italian Government. The ship was allowed to leave the port.










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