ITALIAN ENVOY DOES NOT HAVE IMMUNITY: INDIAN SC
NEW DELHI, March 18, 2013 (AFP) - India's Chief Justice said Monday that Italy's envoy, who helped secure the release of two Italian marines who skipped bail while on trial in New Delhi, was not entitled to diplomatic immunity
“A person who comes to court and gives an undertaking has no immunity,” Altamas Kabir told a hearing into the case, which has caused a diplomatic crisis between Rome and New Delhi.
Italy's ambassador to New Delhi, who was ordered last week to remain in India amid a row over two Italian marines charged with murder, faces a tense hearing in the
A person who comes to court and gives an undertaking has no immunity
Supreme Court on Monday.
Daniele Mancini personally negotiated the release on bail of the two marines last month, enabling them to return to Italy to vote in the country's general election.
After a year of disagree- ment over their fate between Rome and New Delhi, the Italian government announced last Monday that it would renege on its commitment to send the men back and they would remain at home.
A furious Indian government has warned of “consequences” and is reviewing its ties with Italy, while the Supreme Court ordered that Mancini should remain in the country and explain himself in court on Monday.
The restraining order appeared to run contrary to international rules guaranteeing diplomats freedom of movement, but India has in- sisted that Mancini willingly submitted himself to the jurisdiction of its top court.
Orders were issued to Indian airports last Friday asking them to prevent Mancini from leaving if he tried to board a plane without permission.
The envoy, who signed an affidavit personally guaranteeing the return of the marines, is not expected to appear in court personally on Monday and is likely to reply either in another written statement or via his lawyers.