India: Supreme Court Disposes of the ‘Enrica Lexie’ Incident Related Proceedings

The Indian Supreme Court, by Order of 15 June 2021 in Special Leave Petition (Civil) No 20370 of 2012: Massimilano Latorre and Ors vs Union of India and Ors, quashed the criminal proceedings against the Italian marines involved in the ‘Enrica Lexie’ Incident and disposed of all related pending matters before the court (Order, Paragraph 7). As per The ‘Enrica Lexie’ Incident (Italy v. India) Award, Paragraph 1094(B)(3), the Arbitral Tribunal had decided “India must take the necessary steps to cease to exercise its criminal jurisdiction over the Marines”. Likewise, in respect of The ‘Enrica Lexie’ Incident (Italy v. India) Award, Paragraph 1094(B)(6)(b) concerning compensation due by Italy, Italy and India “agreed to the amount of INR 100,000,000 (INR 100 million) to be paid by Italy as total compensation under all the four heads of compensable loss identified by the Arbitral Tribunal’s award” (Order, Paragraph 3). Finally, concerning Italy’s commitment to resume its criminal investigation, expressed during the ‘Enrica Lexie’ Incident (Italy v. India) proceedings, “Italy will resume its criminal investigation in the events of 15.02.2012 and that both India and Italy will cooperate with each other in pursuit of that investigation” (Order, Paragraph 3).

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Filed under Jurisprudence, State Practice

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