Weekly Piracy Review

October 19, 2012 by Leave a comment

Somalis on Trial for Piracy in Rotterdam

Kenya’s Court of Appeals overturned a 2010 ruling (as we have noted here and here), which had mandated that Kenyan courts only try cases in which the offense occurred within its territorial waters. This impaired Kenya’s ability to assist in the international effort to punish those carrying out acts of piracy on the high seas. Judge David Maraga read the opinion of the court concluding that “piracy has negative effects on the country’s economy and any state, even if not directly affected by piracy must try and punish the offenders.” Though it appears some piracy prosecutions were continuing in Kenya despite the 2010 ruling, the international community will be relieved to know that the law in Kenya is now settled and that no obstacles remain to such prosecutions.

A Dutch court convicted nine Somali pirates to four-and-a-half years imprisonment. These individuals were arrested on-board an Iranian fishing boat they had taken in April. Though they were convicted of piracy, the men were acquitted on charges of attempted murder, as it could not be determined which of the men actually fired at the Dutch marines who arrested them.

Last Friday the Greek-owned carrier ship, the MV Free Goddess, was finally released by the Somali pirates who held it since Feb. 7, 2012. All 21 members of the crew who were on board at the time the ship was attacked over eight months ago were also released and appear to be well. The pirates responsible initially sought a $9 million ransom, yet they finally settled for $2.3 million last week-though the figure has also been reported as $5.7 million. This figure was stated by a Somali pirate and has not been confirmed by the company owning the ship, Free Bulkers SA. The ransom was air-dropped onto the Free Goddess, which then headed toward Oman to refuel, get fresh water and change out the crew members. During the time the ship was held hostage it was apparently being held at Gara’ad, a haven in Puntland, Somalia often used by pirates in the area.

Suspected Nigerian pirates boarded a Panamax tanker in the Gulf of Guinea off the Ivory Coast during the night on Saturday, October 6. Fourteen pirates, armed with knives and AK-47s hijacked the ship and re-directed it to Nigerian waters. They held the ship for three days while siphoning off oil, and then released the ship as well as all crew members on October 9. This attack was particularly alarming as it is the first of its’ kind to be reported in these waters, and shows that the Nigerian pirates are becoming both more sophisticated and bold. The attack occurred further west and away from Nigerian waters than any other reported attack, in an area which until now was believed to be safe for anchoring and performing fairly time-consuming operations. These Nigerian pirates took advantage of the fact that this particular ship was only midway through a ship-to-ship operation at the time of the attack. Tanker operators may now have to reassess their practice of carrying out these operations in the waters of the Ivory Coast.

Filed under Somalia, West Africa, Worldwide Tagged with , , , , ,

In Brief: the Journal of International Criminal Justice – Symposium on Somali Piracy

September 27, 2012 by Leave a comment

The Journal of International Criminal Justice (JICJ) stepped out of its international criminal law-grounded comfort zone dedicating part of its latest issue to a symposium on the rise of piracy off the coast of Somalia from a variety of legal and non-legal perspectives. The symposium includes important contributions, ranging from an overview of counter-piracy initiatives undertaken by the international stakeholders, the local context of the historical and social background to piracy in Somalia, the role of domestic courts worldwide in prosecuting pirates, the key legal issues and challenges to the use of private military companies as well as anti-money laundering practices that could be used to counter Somali piracy. In particular, in his contribution Douglas Guilfoyle describes the international law governing the seizure and prosecution of suspected pirates, critically evaluating past proposals for international or internationalized piracy courts.

An abandoned hijacked Taiwanese fishing vessel in Hobyo, Somalia – Courtesy AP

The symposium is currently available only upon subscription.  In consideration of its fascinating subject matter, we hope that at least some parts of the symposium will soon be made available free of charge through JICJ’s “Editor’s Choice” section.

Filed under Somalia Tagged with , , , , , , , , , , ,

Pirate Attacks Hit “Low Season” in Somalia – Why and What’s Next?

August 11, 2012 by Leave a comment

According to the International Maritime Bureau, pirate attacks off the coast of Somalia continued to fall sharply in the first half of 2012.  July 2012 was particularly significant, with no reported attempted attack. Remarkably, it was the first full month with no noteworthy pirate activity off the coast of Somalia and the larger Indian Ocean since at least half a decade. The last reported attack dates back to 26 June 2012, when a Maltese-flagged bulk ship was fired upon near the Yemeni coast. As of 29 July 2012, Somali pirates are still holding at least 11 vessels and 174 crew members.

A piracy situational map we’ve rarely seen – Courtesy Oceanus Live

The suprising drop in Somali pirate activity is spurring a debate on the reasons behind it and the impact of the international efforts to counter pirate attacks. Among the main factors are the pre-emptive and disruptive counter piracy tactics employed by the international navies, with military operations now extending both at sea and on land, the effective implementation of the Best Management Practices by the shipping industry, including the use of citadels and other ship hardening means, the strengthening of a regional judicial system of law enforcement and prosecution, also targeting piracy financiers and kingpins, and in particular, the manyfold increase in the use of Privately Contracted Armed Security Personnel and government-provided Vessel Protection Detachments by ships travelling through the area. It is likely that all these factors together and concurrently have contributed to the falling numbers, tipping the risk aspect to rise above the possible profit expectations for wannabe pirates. Bad monsoon weather is also an additional factor often overlooked, with July and August being traditionally difficult months to set off to sea in the region for both pirate mother ships and small skiffs.

What’s Behind the Horizon?

The current status quo requires the operational strategy to continue and focus also on wider land-based solutions encompassing both security and economic development. Some commentators have warned that pirates and their financiers are simply sitting idle awaiting for better days to come.  Notably, August 2012 will mark the end of the Somalia TGF. While there are high hopes for a better future for Somalia, it is difficult to assess how this will reshape the Country’s current political landscape. There are also fears that the successes of current anti-piracy measures will detract the necessary attention below warning levels with a consequential lull in the international and national effors to combat piracy. If so, the momentum could shift back in the pirates’ favor.

Filed under Somalia Tagged with , , , , , , ,

The International Day of the Seafarer

June 25, 2012 by Leave a comment

Today, 25 June 2012 marks the second international Day of the Seafarer. This year, the IMO is asking people around the world to use the power of social networks to highlight the importance of the work of seafarersm and raise awareness of seafarers and their unique role. Everyone, regardless of where they live, can join the campaign online, in particular by commenting the Day of the Seafarer Facebook page at www.facebook.com/SeafarerDay.

“Seafarers leave their homes and families, often for long periods to ensure that essential items and commodities on which our lives depend arrive safely at our homes.” (IMO)

Seafarer often finds themselves under demanding and sometimes dangerous circumstances, particularly in pirate-prone areas. The following are some of the most significant findings from the recently released 2011 Oceans Beyond Pirates Report on the human cost of piracy in the Indian Ocean:

  • 3,863 seafarers were fired upon by Somali pirates with assault rifles and rocket propelled grenades;
  • 968 seafarers came into close contact with pirates, who managed to board their vessels;
  • 413 seafarers were rescued from citadels;
  • 1,206 hostages were held captive by Somali pirates;
  • 555 seafarers were taken hostage in 2011; 645 hostages were captured in 2010 and remained captive during 2011; 6 tourists and aid workers were kidnapped on land;
  • 35 hostages died as a result of pirate captivity in 2011;
  • Average length of captivity was 8 months.

These findings are particulary concerning and demand continuing attention and engagement from all stakeholders in the maritime field. Several initiatives have been launched to support the plight of kidnapped seafarers and their families. Among those, is Save Our Seafarers which runs an on-going worldwide awareness campaign to raise the profile of Somali piracy in political and media circles, in order to see Somali piracy deterred, defeated and eradicated, and to stop seafarers being tortured and murdered.

Filed under Somalia, Worldwide Tagged with , , , , ,

Somalis Pirates on Trial in France: 4 year long pre-trial detention creates evidentiary hurdles

June 21, 2012 by Leave a comment

Following her earlier post on French legislation on PCASP, below is another guest post by Valerie Gabard:

After four years of provisional detention, six Somalis faced a jury trial in Paris this month for the hijacking of the French luxury yacht Le Ponant in the Gulf of Aden, in 2008. They were tried for holding the 30 crew members as hostages in exchange for a 2.15 million euros ransom. The six men were arrested a week after the hijacking while driving in Somalia territory. When arrested by the French Military, they were carrying $200,000 believed to be part of the ransom. The convictions and sentences were delivered on Thursday last week. Two of the accused were acquitted by the Court, while the four others were convicted and sentenced to four to ten years of imprisonment.

The six men were charged with kidnapping, illegal confinement and organized gang theft but not with a specific offence of piracy. The legal qualification chosen by the Prosecution and the Investigating Judge in this case is due to the absence, in 2008, of a specific definition of piracy in the French Penal Code. Since 1825, France had a law criminalizing piracy but it was obsolete and did not reflect the definition adopted by the Montego Bay Convention. This Law was thus abolished in 2007 and only replaced by new Piracy legislation on 7 January 2011. Despite the legal lacunae from 2008 until 2011, the existing offences of kidnapping, illegal confinement or the offence of seizing or taking control of a ship by force or threat of violence (see article 224-6 of the Criminal Code) largely covered the legislative gap. The new legislation does not substantially change this approach as it does not create an independent offence of Piracy but merely refers to existing crimes in the Criminal Code that could qualify as Piracy as defined by the Montego Bay Convention (See Report from the French Senate – in French).

Le Ponant

During the trial, five of the six accused claimed their innocence. Only one admitted his participation in the operation and his presence on the yacht. Two accused admitted being on Le Ponant but only as sellers and three claimed that they were never pirates or having ever boarded the yacht. Although the accused were identified by the crew four years ago, with time passing doubts arose concerning identification and some of the crew members changed their initial statements. The captain of the yacht confirmed at Trial his initial statement but recognized that the identification of the pirates after four years is today impossible. The weakness of the eyewitness identification and the absence of forensic evidence linking the accused to the yacht, lead the Prosecution to rely almost exclusively on circumstantial evidence. The six men were not arrested on board of the yacht but a week later, during an armed operation conducted by French forces, while traveling by car on Somali territory. They were arrested carrying $200,000 believed to be part of the ransom. Establishing whether or not the accused were ever on the yacht, appeared to be the real evidentiary challenge in the case. The Accused benefited from these doubts and, while the motivations of the verdict are not immediately available, this almost certainly explains the acquittals with respect to the two accused that firmly denied their participation in the crimes. The convictions and sentences imposed by the Court also appear to mirror the accused admissions as their role in the operation during the investigation and at Trial. This shows that it is probably their own admissions that lead the jury to believe that they were guilty rather than the evidence presented by the Prosecution.

The Prosecution requested sentences ranging from 10 to 15 years imprisonment but the Court did not follow this approach acquitting two accused, convicting one to ten years, two to seven years and the last one to four years of imprisonment for complicity. This latter only acknowledged driving the car and, presumably should be released with the two acquitted persons as he has already spent four years on provisional detention. Parties have ten days to appeal the judgement but the six Somalis seem generally satisfied with the outcome and only the Prosecution might file an appeal. It is highly possible as the Prosecution wants this case to be an example and a warning for the Somalis still actively implicated in piracy in the Gulf of Aden. Indeed, because it considered the sentences to be too lenient, the Prosecution already appealed last year the Judgement that jailed five Somalis pirates between four and eight years for hijacking the yacht Carréd’As in the Gulf of Aden in September 2008. The appeal trial is still pending.

Four years of provisional detention prior to trial is significant, in particular when a trial concludes with two acquittals. The acquitted men are Somalis being transferred to France for the purpose of the Trial, thus placing them in an isolated and fragile situation. They are now recognized as not guilty and are set free but in an unfamiliar country with no money, no papers and their lawyers as only assistance (See “Abdulkader, «pirate» somalien naufragé dans les rues de Paris”). French authorities appear to repeat the tragic story of the only man acquitted at the first piracy trial (See previous CHO Blog post “Acquitted of Piracy, lost in Paris”).  This emphasized one of the down sides of extraterritorial trials.

Finally it should be noted that there are two more piracy trials coming up in France where the accused are already provisionally detained in France. The first one involves three Somalis arrested while hijacking another French yacht, the Tanit in 2009 and the second one involves the trial of seven men accused of the attack in September 2011 of a catamaran where a French citizen was killed. The latter should be tried based on the new piracy law that appears to be passed to address the unforeseen burgeoning of Somali piracy in the Gulf of Aden.

Filed under Somalia Tagged with , , , , , ,

← Older posts

Newer posts →