“Italy and India shall cooperate, including in proceedings before the Supreme Court of India, to achieve a relaxation of the bail conditions of Sergeant Girone so as to give effect to the concept of considerations of humanity, so that Sergeant Girone, while remaining under the authority of the Supreme Court of India, may return to Italy during the present arbitration”. The Hague Tribunal wrote these words in the judgment with which it sanctions the return of the Marine rifleman to Italy while waiting for the outcome of the arbitration.
Nonetheless, Girone will remain “under the authority of the Indian Supreme Court.” The highest judicial instance of New Delhi will validate the conditions agreed between the two countries. The Hague “considers the conditions, warranties, and procedures established for sergeant Latorre to be appropriate” and suggests that the Indian Supreme Court applies them also to Salvatore Girone’s return to Italy. “These could include, among others, the following conditions: Italy must ensure that Girone will appear before an authority designated by the Indian Supreme Court in Italy at given intervals determined by the Supreme Court itself. Girone must hand his passport to the Italian authorities and cannot leave Italy without the permission of the Indian Supreme Court. Italy shall inform the Indian Supreme Court about Girone’s situation every three months.”
Besides, it confirms Italy’s commitment “to return the Sergeant to India if the Court decides (at the end of the arbitration, ed) that India has the jurisdiction over him in respect of the ‘Enrica Lexie accident”. The Hague recalls “the solemn commitment” Italy offered and reiterated on that point and that “there are no doubts about Italy’s good faith of with respect to this commitment.