Showing posts with label Germany. Show all posts
Showing posts with label Germany. Show all posts
Sunday, October 28, 2012
Some European Trials
The trial of the seven Somali men and three teenagers in Hamburg, Germany, finally come to end on Friday 19th October. They were all found guilty of 'attack on maritime traffic' and 'abduction for the purpose of blackmail' and sentenced to prison. The teenagers received sentences of two years and the adults sentences from six to seven years.
As the time already spent in custody in Germany is taken into account for sentencing, the three teenagers do not have to return to prison (the three were released on bail in April). Currently Germany does not deport people to Somalia, so the young men are able to stay in Hamburg.
The Hamburg trial was one of the longest in post-war Germany history - 104 days, and supposedly the first 'pirate' trial in over 400 years. It was reported on in great detail by the 'Reclaim the Seas' blog, a blog attempting to 'help make the voices of the accused heard'.
Many people argued the trial was an expensive piece of state propaganda playing with peoples' lives to justify Atalanta and Germany's role in it.
In the first days of the trial, defense lawyers issued a statement saying that "the real cause of piracy in the region was political unrest in Somalia and over-fishing of its waters by Western nations." (Spiegel Online) A further Speigel article described the case as an 'expensive farce'.
Meanwhile, in a much quicker trial lasting little more than a month - on 12th October, nine Somali men on trial in the Netherlands were convicted and sentenced to four and a half years imprisonment on charges of piracy. They were facing the possibility of life imprisonment but were found not guilty of attempted murder.
The nine men were were part of a group of 16 arrested on board an Iranian ship by Dutch marines in April 2011. Two other members of the group were killed when the Dutch boarded the ship.
The trial in Italy of nine men continues, but media reports are that it may be over before the end of the year. As reported earlier on this blog, the nine are facing not only piracy-related charges but also terrorism. The prosecution are trying to argue that the ransom money was intended for Al-Shabaab.
The four teenagers arrested at the same time as the nine men, were tried separately in a Rome juvenile court and in June were found guilty of attempted hi-jacking but not of terrorism. They were each sentenced to eight years in prison.
Sunday, August 26, 2012
Negotiators in Court
As a deterrance to other 'pirate negotiators', in early August Mohammad Saaili Shibin was sentenced in a US court to multiple sentences of life imprisonment. He was sentenced to "10 concurrent life sentences...two consecutive life sentences...10 years consecutive...and two 20-year sentences... and is also required to pay restitution in the amount of approximately $5,408,000US."
Mohammad Saaili Shibin was one of the first 'pirates' renditioned from Somalia to the USA, and was convicted in April this year for supposedly acting as a negotiator for both the hijacking of an American yacht in February 2011 and a German merchant ship in 2010. He allegedly admitted to some of the charges after being captured in Somalia and whilst being taken to the US on a flight that took three days. The US thanked Germany for its help in the prosecution.
In contrast, in April 2011 Ali Mohamed Ali, another alleged 'pirate negptiator', was arrested whilst travelling in the USA and was charged with piracy. His trial is still on-going, but already the judge has found that universal jurisdiction does not apply as Ali was arrested on land. He was not arrested at high sea.
In contrast, in April 2011 Ali Mohamed Ali, another alleged 'pirate negptiator', was arrested whilst travelling in the USA and was charged with piracy. His trial is still on-going, but already the judge has found that universal jurisdiction does not apply as Ali was arrested on land. He was not arrested at high sea.
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.
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
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.
Friday, March 2, 2012
Held in Kenya
On the 18th and 19th February four Somali men arrested by Danish forces were flown to Mombasa, Kenya. They were actually supposedly arrested on 7th January this year. At least two of them were first flown to the Seychelles, before all four of there were flown to Kenya. It is not known whether the other two were held at sea before being sent to Kenya, or were also sent via another country.
Last year Denmark took 24 people arrested on piracy charges to Kenya.
Kenya now holds over 200 people arrested as pirates in the Gulf of Aden.
This is despite what is happening in the courts in Kenya. In January 2011, the Kenya's High Court ruled that “...Local Courts can only deal with offences or criminal incidents that take place within the territorial jurisdiction of Kenya.” The result was that Kenya did not have the jurisdiction to prosecute 'Piracy on the High Seas' (that is, acts of piracy which occur outside a State's territorial seas). This decision arose out of a 2009 court case reported here, a case which also ended with an order that the defendants in the trial were to be repatriated back to their homelands. The case is still under appeal as the prosecution demand the right to try the men in Kenya.
The background to the case was the arrest in March 2009 of nine Somali and Sudan suspected pirates by the German Navy. The men were arrested allegedly trying to hijack a German cargo ship (the MV Courier), crewed by mainly Filipino people and sailing under the flags of Antigua and Barbuda. At the time Angela Merkel had argued that it was not in Germany's interests to bring alleged pirates to trial in Germany. (This changed when a group of ten men and teenagers were arrested by the Dutch Navy, read about the court case on 'Reclaim the Seas' blog.)
Another interesting fact about the 2009 German arrest of the men and subsequent refusal to prosecute them in Germany, is that it was from this incident that the 2009 Moratorium of Agreement was signed between Kenya and the EU; an agreement that allowed arrested pirates to be handed over to Kenya for prosecution. Now the agreement is under threat by a court-case arising from that same incident.
A further exercise in relation to the same case, was the suing of the German government by some of the arrested men. They alleged that Germany must have known of the unsatisfactory prison conditions in Kenya and therefore they should not have been handed over to the jurisdiction of Kenya.
Last year Denmark took 24 people arrested on piracy charges to Kenya.
Kenya now holds over 200 people arrested as pirates in the Gulf of Aden.
This is despite what is happening in the courts in Kenya. In January 2011, the Kenya's High Court ruled that “...Local Courts can only deal with offences or criminal incidents that take place within the territorial jurisdiction of Kenya.” The result was that Kenya did not have the jurisdiction to prosecute 'Piracy on the High Seas' (that is, acts of piracy which occur outside a State's territorial seas). This decision arose out of a 2009 court case reported here, a case which also ended with an order that the defendants in the trial were to be repatriated back to their homelands. The case is still under appeal as the prosecution demand the right to try the men in Kenya.
The background to the case was the arrest in March 2009 of nine Somali and Sudan suspected pirates by the German Navy. The men were arrested allegedly trying to hijack a German cargo ship (the MV Courier), crewed by mainly Filipino people and sailing under the flags of Antigua and Barbuda. At the time Angela Merkel had argued that it was not in Germany's interests to bring alleged pirates to trial in Germany. (This changed when a group of ten men and teenagers were arrested by the Dutch Navy, read about the court case on 'Reclaim the Seas' blog.)
Another interesting fact about the 2009 German arrest of the men and subsequent refusal to prosecute them in Germany, is that it was from this incident that the 2009 Moratorium of Agreement was signed between Kenya and the EU; an agreement that allowed arrested pirates to be handed over to Kenya for prosecution. Now the agreement is under threat by a court-case arising from that same incident.
A further exercise in relation to the same case, was the suing of the German government by some of the arrested men. They alleged that Germany must have known of the unsatisfactory prison conditions in Kenya and therefore they should not have been handed over to the jurisdiction of Kenya.
Tuesday, January 31, 2012
Rendition
An American judge has refused to dismiss all charges against Mohammad Saaili Shibin, one of the first ever people renditioned from Somalia to the USA on piracy charges. And the judge has also said that statements made by the man whilst been flown from Somalia to the USA can be used as evidence.
Mohammad Saaili Shibin's defence lawyer demanded that all charges against be dropped for several reasons, including the fact that the arrest and rendition to the USA was illegal; he was basically kidnapped from Somalia.
It is alleged that Mohammad Saaili Shibin searched the internet using his cellphone to try and ascertain how much of a ransom could be demanded for an American yacht hi-jacked in early 2011. Whilst in custody and been flown to the US (three days after he was first arrested and interrogated) he is alleged to have confessed to being the negotiator when the German ship, Marida Marguerite, was hi-jacked in 2010. As a result he now faces two charges, one in relation to the US yacht and the other to the German merchant ship.
Germany was thanked by the USA for its role in bringing the charges against the man.
The trial is set down to begin on the 17th April.
Mohammad Saaili Shibin's defence lawyer demanded that all charges against be dropped for several reasons, including the fact that the arrest and rendition to the USA was illegal; he was basically kidnapped from Somalia.
It is alleged that Mohammad Saaili Shibin searched the internet using his cellphone to try and ascertain how much of a ransom could be demanded for an American yacht hi-jacked in early 2011. Whilst in custody and been flown to the US (three days after he was first arrested and interrogated) he is alleged to have confessed to being the negotiator when the German ship, Marida Marguerite, was hi-jacked in 2010. As a result he now faces two charges, one in relation to the US yacht and the other to the German merchant ship.
Germany was thanked by the USA for its role in bringing the charges against the man.
The trial is set down to begin on the 17th April.
Monday, January 30, 2012
Sitting in Prison
Six Somali men arrested off the coast of Somalia on January 12th are now sitting in prison in Spain after allegedly attacking the Atalanta Flagship, Patina. (Spain is currently leading Atalanta, having replaced Germany in December 2011). The men say they are fishermen and that one of their group was killed by the Spanish military.
The charges they face include attempted piracy and disobeying a warship. No trial date has yet been set.
Meanwhile in Hamburg, Germany, the prosecution has rested its case and called for sentences ranging from seven to eleven years for the adult men on trial and between four and five and a half years for the under-age defendants. The court case is set to continue until the end of March.
And in Belgium, the Brussels Court of Appeal upheld the sentence of ten years given in July last year against the one person on trial there. He had been arrested in November 2009 on the basis of DNA evidence held in the Interpol collection. The collection of DNA samples of suspected Somali "pirates" was officially established in mid-2010 after an anti-pirate conference in South Korea.
Many northern Hemisphere and western countries oppose the collection of DNA samples from their own population, but allow their own navies and military to build databases of Somali people in Africa and their border agencies to build databases of refugees and people seeking asylum.
The charges they face include attempted piracy and disobeying a warship. No trial date has yet been set.
Meanwhile in Hamburg, Germany, the prosecution has rested its case and called for sentences ranging from seven to eleven years for the adult men on trial and between four and five and a half years for the under-age defendants. The court case is set to continue until the end of March.
And in Belgium, the Brussels Court of Appeal upheld the sentence of ten years given in July last year against the one person on trial there. He had been arrested in November 2009 on the basis of DNA evidence held in the Interpol collection. The collection of DNA samples of suspected Somali "pirates" was officially established in mid-2010 after an anti-pirate conference in South Korea.
Many northern Hemisphere and western countries oppose the collection of DNA samples from their own population, but allow their own navies and military to build databases of Somali people in Africa and their border agencies to build databases of refugees and people seeking asylum.
Tuesday, January 3, 2012
Attack on land - nothing new!
On 20th December the EU instructed the commander of Atalanta to draw up new plans for revised rules of engagement - plans to attack 'pirate' basis on the land. It became news nine days later after it was leaked in the German media. For Germany to become involved in on-shore attacks a new mandate has to be passed in the German parliament.
A spokesperson for the German Foreign Ministry said that the changes would mean "limited destruction of piracy logistics on the beach" but "no deployment on land." The statements raise interesting questions - when is a beach not land? And how far inland does a beach extend?
Actually members of Atalanta have actually already been deployed on land. In one known incident video coverage shows French troops attacking people on land after the French boat Le Ponant was hi-jacked in 2008. Six people were arrested and three people were killed during the 'operation'.
A spokesperson for the German Foreign Ministry said that the changes would mean "limited destruction of piracy logistics on the beach" but "no deployment on land." The statements raise interesting questions - when is a beach not land? And how far inland does a beach extend?
Actually members of Atalanta have actually already been deployed on land. In one known incident video coverage shows French troops attacking people on land after the French boat Le Ponant was hi-jacked in 2008. Six people were arrested and three people were killed during the 'operation'.
Sunday, December 18, 2011
Court cases continue
Nine Somali men have now been sentenced to life imprisonment in the USA for the hijacking of a US yacht in February 2011, two more men are yet to be sentenced and three are defending the charges. These three face the death penalty if convicted.
Those sentenced to prison have also been ordered to pay $400,000 in restitution.
Earlier this year, in May, the US courts sentenced Abduwali Abdukhadir Muse, a 15-year old, to 33 years and nine months in prison. He was tried as an adult despite evidence that he was only a young teenager and despite the fact that the US Defence Secretary, Robert Gates, confirmed the group that Muse was part of were "untrained teenagers with heavy weapons." The other three teenagers in the group were killed by US snipers.
Muse is not the only teenager sentenced or facing trial in foreign lands. In the Netherlands one of the people sentenced there said he was only 13 years old, so-called expert tests put his age at between 14 and 15 years.
In Germany, ten Somali are being tried in a Hamburg juvenile court as three of the group are teenagers.
In Japan a teenager is to be tried in a youth court, the three others in the group will be tried as adults.
Those sentenced to prison have also been ordered to pay $400,000 in restitution.
Earlier this year, in May, the US courts sentenced Abduwali Abdukhadir Muse, a 15-year old, to 33 years and nine months in prison. He was tried as an adult despite evidence that he was only a young teenager and despite the fact that the US Defence Secretary, Robert Gates, confirmed the group that Muse was part of were "untrained teenagers with heavy weapons." The other three teenagers in the group were killed by US snipers.
Muse is not the only teenager sentenced or facing trial in foreign lands. In the Netherlands one of the people sentenced there said he was only 13 years old, so-called expert tests put his age at between 14 and 15 years.
In Germany, ten Somali are being tried in a Hamburg juvenile court as three of the group are teenagers.
In Japan a teenager is to be tried in a youth court, the three others in the group will be tried as adults.
Friday, December 2, 2011
'Pirates' sentenced in Paris
On Wednesday, 30 November, five Somali men were sentenced in France to between four and eight years for hijacking a French yacht and taking the crew hostage in September 2008, three years ago. The five were originally part of a group of seven, however one man was killed at the time of the incident, and one other was acquited on Wednesday. He gets to return home, the other five continue their stay in French prisons.
During the week and a half trial (held in a Paris juvenile court as one of the defendents was under 18 when arrested) a psychiatrist gave evidence about the stress and difficulties the men were having being locked-up so far away from their homeland. Most of the men had had no contact with their families since their arrest. One man had set fire to his cell, the psychiatrist said that the best treatment would be for him to be back with his family in his cultural milieu.
This was the first modern piracy trial in France, however it will not be the last. There are currently 15 other Somali men and teenagers awaiting trial in three seperate piracy cases.
It is not the first piracy trial in Europe either.
In the Netherlands there has already been two trials. Five men, arrested in 2009 were sentenced in June 2010 to five years imprisonment. Five others, arrested in November 2010 were sentenced in August 2011 to terms ranging from four to seven years. 14 other men are currently on trial in two seperate court cases.
In Belgium one man has been on trial since May 2010. He was arrested in November 2009 on the basis of DNA evidence.
There have been ten men on trial in Germany since November 2010, they were arrested in April 2010. Their case is also been held in a juvenile court as three of the defendents were teenagers when arrested, one was younger than 14.
In Spain two men were arrested in October 2009 and sentenced to 439 years each in May 2011.
Thursday, December 1, 2011
New German / Dutch Task-force created
On 17 November Germany and the Netherlands joined forces to create a task-force to track down people who assist Somali piracy.
Heading the task-force are both the Dutch and German Public Prosecutor’s Offices and also involved are the British National Criminal Investigation Service, (a group focussing on immigration, organised and financial crime), the FBI office in Berlin, and Eurojust and Europol (Europol is the EU's official criminal intelligence agency and Eurojust is its prosecution unit).
Europol, Eurojust and Interpol have been working together on a counter-piracy project since early 2010; this latest joint Dutch-German project focuses on people assisting so-called pirates.
Heading the task-force are both the Dutch and German Public Prosecutor’s Offices and also involved are the British National Criminal Investigation Service, (a group focussing on immigration, organised and financial crime), the FBI office in Berlin, and Eurojust and Europol (Europol is the EU's official criminal intelligence agency and Eurojust is its prosecution unit).
Europol, Eurojust and Interpol have been working together on a counter-piracy project since early 2010; this latest joint Dutch-German project focuses on people assisting so-called pirates.
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