jaccos ha scritto:
Punto quarto: di tutti i casi che hai citato non ne vedo alcuno riguardante uno straniero per un fatto avvenuto oltre i confini fisici dello stato, non vedo paragoni sostenibili.
.
Ho citato questi casi perche' hai parlato di PROVE. Dove erano le prove in questi casi? Si sono basati su testimonianze (tra l'altro false) e gli indiani si stanno basando su testimonianze (dei pescatori). Ti aggiungo, per tua informazione, che l'IMO (International Marine Organization) si e' chiamata fuori dalla vicenda ( poi ti allego la dichiarazione del portavoce in inglese).
IMO refused to intervene in row over killing of fishermen The International Maritime Organization (IMO) has declined to intervene in the diplomatic row that started be- cause of the killing of two Indi- an fishermen by Italian marines, saying its guidance pertains only to private armed security on ships and not government naval personnel. The two marines, employed with the Italian government, were part of a security detachment assigned to protect the Italian merchant ship Enrica Lexie from pirate attacks in the Indian Ocean. The marines claim they shot the fishermen mistaking them for pirates. The incident, which occurred off the coast of Kerala on 15 February, does not fall under the purview of the global maritime regulator, Lee Adamson, head, public information services, IMO, said in an emailed response. ?Any loss of life at sea is regrettable. However, we are un- able to offer you any comment on the circumstances surrounding this incident. It seems, from the facts that have emerged thus far, that this is not something covered by any IMO measure,? Adamson said. The killings have blown into a diplomatic row, with Italy claiming India does not have jurisdiction over the matter as the incident occurred beyond its territorial waters, and India insisting that it does because the fishermen were on an Indi- an vessel. The two naval guards have been arrested. Italy has sent its junior foreign minister Staffan De Mistura to India to deal with the matter. On Wednesday, the Italian government and the two naval guards moved the Kerala high court seeking quashing of the charges against the marines. The petitioners submitted that Kerala police have no authority to conduct an investigation in the case and courts in India have no jurisdiction on the matter. ?The guidance (to shipowners/operators) adopted by IMO deals with privately contracted armed security personnel (PCASP), not with the presence of government military personnel on board merchant ships,? Adamson said, adding, ?IMO does not address the concept of `rules of engagement' as this is a military concept, outside the organization's remit.? But he said that the regulator neither endorses nor institutionalizes the carriage of firearms, or the use of privately contracted armed security personnel on board merchant ships, and that it ?is scheduling a high-level segment on the opening day of the Mari- time Safety Committee (MSC) to discuss the issue of arms on board ships?. MSC is IMO's highest technical body, and is scheduled to meet in London between 16 and 25 May.
