Marines case: India is violating Vienna convention, says Italy
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Marines case: India is violating Vienna convention, says Italy

Last Updated: Tuesday, March 19, 2013, 11:53     A- A A+
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Zeenews Bureau

Rome: After the Supreme Court pulled up Italy's Ambassador Daniele Mancini for reneging on the undertaking given to it on the Italian marines row and extended its order restraining him from leaving the country, asserting he cannot claim diplomatic immunity, Italy on Tuesday snubbed India saying that it is violating a convention on diplomatic immunity.

"You went to Italy after giving an undertaking. We never expected and we never believed that the Italian Ambassador will renege like this," the bench observed.

As senior advocate Mukul Rohatgi appearing for Mancini and Republic of Italy Rohatgi pressed on the issue of immunity after the order extending the March 14 direction was passed, a bench headed by Chief Justice Altamas Kabir reminded him again about the undertaking given by the Italian envoy.

The order barring the envoy from leaving the country was extended to April 2 when the case will again come up for hearing.

Rohatgi's submission was taken exception to by the bench which said,

"We don't go by anything. He has given the undertaking. We are not so naive. We don't accept his statement. We don't believe his statement. He has lost trust."

The court said, "The person who has come to this court as petitioner, we don't think he has any immunity."

"He has no immunity. What do you think of our judicial system," an anguished bench said and added that so many things are being written about the incident.

After Rohatgi said he was appearing for Republic of Italy and the Ambassador, the bench told him, "We are concerned with Daniele Mancini. What is your intention Mr Daniele Mancini?

"We are concerned with the intention. Are you going to comply with this order? We are not concerned with anything else," the bench said.

The apex court had on March 14 asked Mancini not to leave the country without its permission, taking exception to his government's refusal to send back the two marines, Massimiliano Lattore and Salvatore Girone to face trial in India in the killing of two Indian fishermen last year.

Before passing the order today, the bench said the period of four weeks for which the marines were allowed to go to Italy to cast their vote was yet to be over and still they have time to return.

"We respected the undertaking (given by the Ambassador) and we allowed them (marines) to go for four weeks which will end on March 22. There is still time for them to come. Strictly speaking they have not still violated our order," it said.

(With PTI inputs)

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First Published: Tuesday, March 19, 2013, 10:05

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D.N.MAKHIJA - DELHI................INDIA
AMBASSADOR HAS MADE THE HON. COURT FOOL BY GIVING AFFIDAVIT.............NOW THEY WILL HAVE TO SEE THE POWER OF HON. COURT .....
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Thomas - Kochi
Article clearly states that Ambassador is not going to enjoy immunity. Under article 31 (1) of the Vienna Convention on Diplomatic Relations diplomatic agents are immune from civil and administrative jurisdiction of the state in which they are serving except in three cases: where the action relates to private immovable property situated withinthe host state (unless for mission –embassy-purposes), in litigation relating to succession matters in which the diplomat is involved as a private person (for instanceas an utor orheir), and, with respect to unofficial professional or commercial activity engaged in by the diplomatic agent. In addition, article 31 (2) of the Vienna Convention on Diplomatic Relations provides that a diplomatic agent cannot be obliged to give evidence as a witness,while article 31 (3) of the same convention provides that no measures of ution may betaken against such a person except in the three cases mentioned under article 31 (1) a, b, and c and provided that the measures concerned can be taken without infringing on the inviolability of his/her person or of his/her residence.
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lav kumar sharma - France
Are you respecting international Souverniety Laws?
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Ajit Singh - India
If the Ambassador wanted to enjoy his Diplomatic status then why did he jump and intervened into the law system of a country? Supreme Court of India must put him on house arrest or if needed even behind bars. Ambassador has lost his diplomatic status after committing himself.
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Imrat - India
The Italian envoy is a petitioner in the SC. The petitioner would not enjoy any immunity.
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rajiv - delhi
where was the vienna convension at the time when italian ambassador was giving undertaking to Supreme Court? He was trying to make fool to supereme court?
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rajiv - delhi
where was the vienna convension at the time when italian ambassador was giving undertaking to Supreme Court? He was trying to make fool to supereme court?



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