Press Office
SOS puts governments on the spot with no courts to try arrested pirates
The
recent arrest by the UK naval vessel RFA Fort Victoria of 14 Somalis on
a hijacked fishing boat in possession of rocket-propelled grenades,
assault rifles and
explosives put the UK Government on the spot – perhaps unfairly given
the recent successes of the Royal Navy and other navies in disrupting
pirate mother ships, pirate activities and the political leadership the
UK particularly, has shown.
The
latest arrests however mean up to 46 Somali pirates are now being held
by US, UK, Danish, Italian and Spanish warships operating in the Indian
Ocean, evidence
of the new vigour being shown by the naval forces to contain Somali
piracy. Spain’s judicial authorities will prosecute the 6 Somali pirates
who attacked the EUNAVFOR flagship ESPS Patino on 12 January. The UK is
said to be talking with the Seychelles about
transferring the 14 pirates there for prosecution. “But many of these
suspected pirates may be released because seemingly no country is
willing to prosecute them” observes Giles Heimann, Chairman of the
Steering Committee of the shipping industry’s SOS SaveOurSeafarers
** (SOS) campaign.
Not
enough countries are actively contributing to the fight to counter
Somali piracy – especially those with interests in shipping. The
shipping industry greatly
appreciates the efforts of those countries whose governments have
stepped up to their responsibilities to provide freedom of the seas and
have deployed naval assets in the Indian Ocean. SOS has been calling
for more robust action to counter the threat of mother
ships and is grateful that a number of states are successfully
disrupting pirate operations, helping to reduce the number of attacks
and thereby safeguarding many seafarers. The naval successes in
catching pirates are seriously negated if these pirates are
not arrested, prosecuted and incarcerated.
We
understand that that those governments involved in capturing these 46
pirates have been actively pursuing options for regional prosecution,
putting massive pressure
on some countries bordering the Indian Ocean to accept some of those
being held. The problem, we are told, is that Kenya and the Seychelles,
who have tried suspected pirates in the past, are unwilling to take the
latest suspects because their court systems
are overloaded with piracy cases.
The
failure of many of the international community to act, relying instead
on the active few, may result in the release of captured pirates. This
demonstrates a lack
of respect for the military personnel and the shipping community who are
both taking effective action, and for the brave seafarers who crew the
world’s fleet.
So
given the current situation, why not commit these people to trial in
the US, UK, Denmark, or in other European countries involved, rather
than trying to arrange
regional prosecutions? Spain and the Netherlands, for instance, have in
the last 12 months chosen to prosecute a number of people suspected of
piracy off Somalia. “Why not other countries too?” says Heimann. “Is it
the cost of trials or the quality of the evidence?
Is it the cost of imprisonment? Is it the fear that these people might
ultimately seek political asylum? Or an alleged lack of legal framework
to prosecute modern day piracy-related crimes?”
SOS
recently welcomed the U.K. House of Commons Foreign Affairs Committee’s
(FAC) Report “Piracy off the coast of Somalia”. Although prosecution in
local courts is
the preferred option, the FAC’s report asserted that there is no legal
reason preventing the UK from proclaiming jurisdiction over suspected
pirates and trying pirates in UK national courts, if no other state is
willing to do so.
More
than £11 million is being spent to build and refurbish prisons and
courts in Kenya, the Seychelles and northern Somalia. The work may not
yet be complete, but
why can’t those tried in courts in Europe and further afield, found
guilty and sentenced to imprisonment, be transferred later on to local
prisons as soon as the facilities are ready?
“The
shipping industry finds the release of pirates who have been caught
red handed, when there are viable options to prosecute them, extremely
difficult to understand.
It seemingly makes a mockery of the investment made in providing the
military assets to deter and disrupt the pirates” says Heimann.
“Essentially, governments need to display far greater political will and
resolve .”
The
SOS Campaign is hoping that the UK Government, that will host the
London Conference on Somalia including one session entitled ‘Confronting
terrorism and piracy’,
will take this opportunity to set an example that other governments
might follow, roundly rejecting the ‘catch and release’ policy which
has caused so much embarrassment, and showing the way to the whole of
the international community. Doing so would continue
its current excellent leadership.
