Wednesday, May 30, 2012

New Trials in Europe

Two new trials recently started up in Europe.

A trial began in Paris on 22 May six men arrested in in Somalia in 2008 over the hijacking of the French ship, Le Ponant. If convicted, the men could be sentenced to life.

The men were arrested four years ago, a week after the alleged hi-jacking, by French paratroopers. Using a helicopter, the paratroopers stopped the taxi the alleged pirates were travelling in. The men have been in French custody since.

Only one of the people in the taxi allegedly admitted to being a pirate - the others have all denied the claim.

There are currently 22 Somali people arrested in connection with piracy, in French prisons.

The other trial beginning in Europe was another Spanish one. Six men appeared in court on 24 May charged with kidnapping after allegedly trying to attack the Atalanta Flagship, Patina, in January this year. (More about this incident can be read here.)

If convicted, the men will face sentences of between 893 to 1,122 years in prison.

Sunday, May 20, 2012

Mauritius Agrees to Try Somali 'Pirates'

On Friday 18th May, Mauritius announced that as of June it would officially begin to try people arrested by other countries for piracy around the Horn of Africa. This makes four countries in the area willing to prosecute piracy - Kenya, Tanzania, the Seychelles, and now Mauritius.

A final contract between the EU and Tanzania is still awaiting signing before Tanzania can proceed.

And although the Kenyan Court of Appeal is still waiting to deliver its decision about whether Kenya actually has the legal right to try pirates arrested outside of Kenyan waters; Kenya is still accepting alleged pirates to prosecute. Read about that landmark courtcase here.

Many of the countries doing the arresting and capturing, those involved in the 'Coalition of the Willing' are actually unwilling to prosecute the people they themselves capture. The various governments often cite the risks that the people will apply for asylum after any trial.

Maybe therefore they should consider arresting the IUUs and boats dumping toxic waste.

Most of those ship owners and firms that produce the waste are people from the countries that make up Atalanta, Ocean Shield, CTF 151 and IONS and all the other independent navies patrolling in the waters off Somalia. Then there would be no worry about people seeking asylum.


Tuesday, May 15, 2012

First Official Attack On-Land by Atalanta

Within the last few days, the EU finally agreed to attacking alleged Somali pirates on land and on 15th May, were the first air attacks since the ambit of Atalanta was widened. It has been reported that speed boats, step ladders, fishing nets and mobile phones were destroyed.

In a press statement, the Mission Head of Atalanta said that air attacks were launched to destroy pirates’ supplies on land. He stated that, "Whilst assessment is on-going, surveillance of the area during the action indicates that no Somalis were injured ashore as a result of EU action."

In March EU Ministers extended Operation Atalanta until December 2014 and spoke about wanting to extend Atalanta's "area of operations to include Somali coastal territory as well as its territorial and internal waters".

Initially Austria, Spain and Germany described this as 'mission creep', but last week all countries finally agreed to what they said is a 'temporary mandate'. A special mandate had to be passed through the German parliament for this to happen.

The 'EUNAVFOR – Operation Atalanta: Disruption of pirates’ logistics in Somalia' can be read here.

The result was today's first official land-based attack.

Thursday, May 3, 2012

Seychelles Accepts More Alleged Pirates from Denmark

On Wednesday 11th April the Danish Navy warship Absalon arrested sixteen Somali men after the Absalon raided an alleged pirate mother ship. Of the sixteen men, four were handed over to the Seychelles on 1st May to be prosecuted; the other twelve continue to remain on board the Danish warship whilst Denmark endeavours to find another country willing to prosecute them.

It is the second time that the Seychelles has accepted alleged pirates from Denmark for prosecution. Over the last few years 280 alleged pirates have been captured by Danish warships and 37 have been prosecuted, but none have yet been brought to trial in Denmark.

It is also the second time in just over a month that the Absalon warship has been involved in pirate rescue operations. However, in an operation in February two of the alleged hostages were killed.

Convicted in the USA


One of the first ever alleged 'pirates' renditioned from Somalia to the USA, Mohammad Saaili Shibin, was found guilty on 27th April of charges of piracy, hostage taking, kidnapping and conspiracy. The prosecution said that he worked as a hostage negotiator for both the hijacking of an American yacht in February 2011 and a German merchant ship in 2010, and as a result earned between $30,000 and 50,000US for negotiating the ransom payments.

He faces a mandatory life sentence of life in a U.S. prison. Mohammad Saaili Shibin's lawyer has said that the conviction will be appealed. He says that the case should have been heard in Somalia rather than his client been kidnapped and taken to the USA.

In connection with the hi-jacking of the American yacht, there have already been other people convicted: eleven Somali men have been sentenced to life imprisonment and it was announced on 1st May that three more men who are defending the charges will face the death penalty if convicted.

Those already sentenced to prison have also been ordered to pay $400,000 in restitution.

The hijacking of the yacht in February last year resulted in the death of the couple who owned the boat, two guests on the boat, and four of the alleged pirates. After the incident, the US apparently reviewed their policy in relation to piracy around the Gulf of Aden.