Marò: India can not escape arbitration

13/07/15

ANSA reports from Delhi that Indian institutional sources have declared to the Hindustan Times that India cannot escape the Italian request for international arbitration provided for by the Sea Convention (UNCLOS) ratified also by Delhi. Soon the Indian ministers of the Interior, Justice and Foreign Affairs will meet to identify the position that will be submitted to the decision of the Indian Supreme Court.

Definitely a step forward after so much silence and which shows how uselessly more than two years after interrupting the process of arbitration started, 18 March 2013 has been reported as a Government statement communicated by the Foreign Ministry (more).

A political / diplomatic position that - as it turns out - was also made official to the Italian Embassies around the world with a document addressed to the Ambassadors so that it could “... be used by the SS.LL. in the further contacts they will have with the respective accreditation authorities… ".

Measure also coordinated with the then Minister of Defense Di Paola who "... agreed to return to office with the Indian lawyers to petition to delay the return of the marines to India and formalize a note for consultation with ex art . 100 of UNCLOS as indicated by the Supreme Court itself ... ".

Suddenly everything, however, was overturned by the sudden and in some respects unforeseen decision of Prime Minister Senator Monti who on 22 March 2013 decided to send the two Navy Fusiliers back to India. The two soldiers were sent back to Delhi as a real "postal package". More precisely, with a forced accompaniment of the then Deputy Foreign Minister Staffan De Mistura using a state flight. Ambassador Terzi, absolutely opposed to what happened, resigned as Foreign Minister.

Resignations which, as will be recalled, aroused controversy not yet subsided, also based on statements that still leave us very perplexed today. One among all that of Senator Monti "I was amazed at what Minister Terzi did and what he did not do". Because the former minister, explains Monti, "could oppose and did not oppose" (Blitzquotidiano 10 July 2015).

These statements, perhaps out of forgetfulness, do not take into account what is reported in official documents such as a letter dated 21 March 2013 (the day before the Marò's return to India, ed), addressed to the Prime Minister signed by the then Minister Terzi. A document in which it is possible to read among other things “… of the concerns and reservations that I have considered for my part to represent in this regard and I continue to have ... It contains the very minimum conditions, in a framework which is, moreover, problematic and of evident ambiguity, which this Administration believes must be accepted by the Indian side in order to: safeguard the credibility of the Government's line developed in recent days even in front of our main international partners ... ".

The opinion of Minister Terzi was not listened to just as the legal opinion of the Minister of Justice Severino was not taken into account. Instead, it was preferred to favor the economic interests of lobbies still unclear, despite the fact that over time an attempt has been made on several occasions to involve the Judicial Authority ("LiberoReporter", 11 July 2015).

Faced with such scenarios, it becomes increasingly urgent to entrust a parliamentary commission of inquiry with the task of ascertaining the political and legal responsibilities of those who have decided to sacrifice two Italian citizens in order not to compromise other interests, which are certainly irrelevant when faced with respect for fundamental human rights.

Will it ever happen?

Fernando Termentini