EU Warns India on Italian Envoy
The European Union said India would violate international law if it stopped the Italian ambassador in New Delhi from leaving the country, throwing its weight behind Rome amid an intensifying diplomatic row.
In a statement Tuesday, the EU expressed concern over an order issued last week by the Supreme Court of India that seeks to prevent Daniele Mancini, the Italian ambassador, from traveling outside India without its permission. The court's move came after Rome said it wouldn't return two Italian marines to stand trial on murder charges in India as promised.
Italy's foreign ministry slammed the Indian court's decision as a "clear violation" of the Vienna Convention on Diplomatic Relations, which says diplomats are immune from prosecution in countries where they serve.
The EU backed Italy's argument. "Any limitations to the freedom of movement of the Ambassador of Italy to India would be contrary to the international obligations established under this Convention," a spokesman for EU foreign policy chief Catherine Ashton said in the statement. These were the EU's strongest remarks yet on the dispute.
The Indian government says the court's order doesn't go against the terms of the Vienna Convention.
Some international law experts say India would be in breach of the convention if Indian officials proceed with the order against Mr. Mancini.
"Enforcing a court order against a diplomat, restricting his freedom of movement, that could cause a problem," said Narinder Singh, a diplomatic law expert and former legal adviser to India's foreign ministry.
A spokesman for India's foreign ministry said Mr. Mancini hasn't expressed any interest in traveling outside India and described the scenario of enforcing the order as "hypothetical."
Diplomatic tensions between India and Italy have escalated rapidly over the past week after Rome announced the two naval officers wouldn't return to stand trial.
The officers, Massimiliano Latorre and Salvatore Girone, are accused of shooting and killing two Indian fishermen off the coast of southern India last year. Italy says the marines mistook the fishermen for pirates.
The marines were detained in India last year. Italy has been pushing for the criminal case to be transferred to its own courts.
Italy says it has jurisdiction over the case as the shooting happened in international waters and India's position is contrary to international laws of the sea.
India disagrees and earlier this year the country's Supreme Court said the case would be handled in a special court in Delhi.
Mr. Mancini, on behalf of the Italian government, requested permission from the court to allow the pair to go back home to vote in elections. The Supreme Court in February agreed to that request as a goodwill gesture. The two had traveled to Italy for Christmas and returned to India soon afterward as agreed.
The Supreme Court is now hearing a contempt-of-court petition against the ambassador for breaking his assurance. Last week, it issued the travel ban on Mr. Mancini. The Indian government has said it would respect the court's order.
There are exceptions to diplomatic immunity under the Vienna Convention. For instance, if diplomats approach the courts, they can no longer claim immunity. In this case, Mr. Mancini was acting on behalf of the Italian government so it's unclear whether the exception applies.
New Delhi has responded forcefully to Italy's announcement last week that the marines wouldn't be returning. In her first remarks on the issue, Sonia Gandhi, the Italian-born the head of India's ruling Congress party, Tuesday said "no country can, should or will be allowed to take India for granted."
Prime Minister Manmohan Singh has described Italy's stance as "unacceptable." The Indian government has rejected Italy's calls to reach a solution through international channels, saying the marines should return to India and that the case should be handled in its judicial system.
The U.S. has avoided wading into the dispute. "This sounds like an issue between India and Italy, not an issue for us," U.S. Department of State spokeswoman Victoria Nuland said Tuesday when asked about Washington's position on the ambassador's travel ban.
