Italy refuses to comply with Supreme Court order to send Italian marines back by 22 March 2012. With the note verbale sent by Embassy of Italy in New Delhi, It has cleared that it will not send the marines to India on account of the existing controversy with India concerning the provisions of the United Nations Convention on the Laws of the Sea of 1982 and the general principles of international law applicable to the Enrica Lexie incident. The note verbale was received by Ministry of foreign affairs on 11 March 13, 2013.
Italy has requested the Indian government to set up a meeting at diplomatic level in order to reach an amicable solution of the said controversy. Last such request was received on 6 March 2013. The Italian request of 6 March 2013 is under examination
In its note, Italy said, "since a controversy between the two States has been established, the two Italian Marines, Mr. Latorre and Mr. Girone, will not return to India on the expiration of the permission granted to them”. The Supreme Court of India, in its Order dated 22 February 2013, allowed the two Marines to leave India on the express undertaking given by the Republic of Italy, and under the terms of the Order, they are required to return to India within a period of four weeks to face legal proceedings in India.
Government of India stated firmly that it didn’t not agree with the position conveyed by the Italian Government on the return of the two Marines to India. The Foreign Secretary yesterday summoned the Italian Ambassador and conveyed to him the Government of India’s position in this matter in the strongest of terms. He conveyed to him that India expects Republic of Italy as a country that is committed to the rule of law to fulfill the sovereign undertaking given by it to the Supreme Court of India. It was only after this undertaking that the Supreme Court allowed the two Marines to travel to and remain in Italy for a period of four weeks and return to India under the care, supervision and control of the Italian Republic. Foreign Secretary further conveyed to the Italian Ambassador that the Italian Government was obliged to ensure their return to India within the stipulated period as per the terms of the Supreme Court Order.