Fishermen's killing: Out-of-court settlement likely to end India-Italy row

NEW DELHI: India and Italy on Tuesday struggled to overcome differences on the case of two Italian naval guards held in Kochi for killing two Indian fishermen, amid indications that Rome might consider an out-of-court settlement to resolve the issue that has evoked public opinion in both countries.

The idea of a compensation package figured during the meeting foreign minister S M Krishna had with his Italian counterpart Guilio Terzi in New Delhi on Tuesday to "clear the air".

However, while India seemed to allay Italy's anxiety to secure the release of its naval guards, a gulf continues to separate the nations on how the duo should be dealt with. Even on Tuesday, Italy kept up its insistence that the Italian naval personnel be tried under international law, while New Delhi stuck to its position they should be tried under Indian laws.

The Indian side told the Italians that they were free to take this position with the magistrate in Kochi.

In a media statement after his talks with Krishna, Terzi, acknowledged the disagreement. "I have explained frankly the position of my government on the legal aspect of this issue...there is a difference of opinion which is not resolved" he said.

The Italian foreign minister who traveled to Kochi before heading off to Vietnam, added, "We hope to pursue the matter in a friendly spirit, understanding and cooperation." However, Terzi conveyed regret about the deaths and offered condolences to India and the fishermen's families. "Our sailors in Kochi have been the victims of the same reason that caused the death of two Indian fishermen, the threat of piracy," he said.

Krishna told journalists, "We met in the backdrop of unfortunate incident. There is strong public opinion on both sides. Minister Terzi and I agreed that we need to clear the air so that people in both countries are reassured of our will and commitment."

Conveying Italy's and its people's condolences to India and the families of fishermen killed, Terzi said the "unfortunate" incident took place due to the threat of piracy in the Indian Ocean region.

The Italian claim of a different jurisdiction is unlikely to hold, say sources. The two Italian naval guards are in police custody in a guesthouse, but they are scheduled to attend their first hearing on March 1. The fact that they have been booked under Section 302 might make things difficult. But the Kerala high court too has floated the possibility of an out-of-court settlement. Also, Italy's room for maneuver has been severely constrained because the people, boat and their arms are all in Indian custody.

Officials said the talks between Krishna and Terzi covered a wide range of subjects, including the euro crisis and terrorism where the two nations have a close relationship. The Indian side assured the Italians that they would be kept informed of the progress of the fishermen's case.

Krishna took the opportunity to thank Terzi for his support on the Sikh turban issue, which is particularly sensitive back home. "We appreciate the measures taken by the Italian government and look to Italy's continued support in resolving this issue," he said.