Conference and Arrests

At the end of October the six men on trial in Spain were convicted of piracy related charges, and at the beginning of November another trial began in the USA. There was also the arrest in Belgium of Mohamed Abdi Hassan (also known as "Afweyne" or Big Mouth). Hassan was arrested at the Brussels airport on 12th October after been invited to Belgium on the ruse of becoming an advisor on a film about piracy around the Horn of Africa. Others who may be involved with piracy have also recently been invited to Belgium but there will be no actual trial of them, they are attending a conference hosted by Environmental Justice Foundation on illegal fishing. Pirate fishing around the Horn of Africa is a key focus at the November conference and countries that are criticised as not taken action against IUUs (or 'pirate' vessels) are attending. 

Spain, in publicity about the conference, is listed as one of those countries, however it was in Spain that the six men were sentenced just under a month ago - one man to 12-and-a-half years in prison and the other five to eight years in jail each. The men have been in Spain awaiting trial since October 2012 so have already served one year. In 2011 two men convicted of piracy by a Spanish court received sentences of 439 years each.

The trial in the US is of a former Washington DC resident, Ali Mohamed Ali, who is charged with helping Somali pirates who seized a Danish cargo vessel in November 2008. His defence is that he was actually working for the US as an intelligence source. Ali is charged with piracy, conspiracy, attacking a vessel and hostage-taking, and faces life in prison if convicted. He has been held in jail for two and a half years. Another person, Mohammad Saaili Shibin, charged in the American courts with negotiating was convicted in August 2012 and 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."

The event promises to offer a lively debate on where responsibilities lie in taking urgent measures to tackle IUU fishing, which costs the global economy an estimated US$ 10 to 23.5 billion and represents between 11 and 26 million tonnes of fish. - See more at: http://www.thefishsite.com/fishnews/21697/landmark-event-encourages-eu-member-states-to-take-stronger-action-on-illegal-fishing#sthash.mqxrp5QY.dpuf

Publicity about the Environmental Justice Foundation says the conference will involved 'a lively debate on where responsibilities lie in taking urgent measures to tackle IUU fishing, which costs the global economy an estimated US$ 10 to 23.5 billion and represents between 11 and 26 million tonnes of fish'.

The event promises to offer a lively debate on where responsibilities lie in taking urgent measures to tackle IUU fishing, which costs the global economy an estimated US$ 10 to 23.5 billion and represents between 11 and 26 million tonnes of fish. - See more at: http://www.thefishsite.com/fishnews/21697/landmark-event-encourages-eu-member-states-to-take-stronger-action-on-illegal-fishing#sthash.mqxrp5QY.dpuf

More 'Pirates' Tried

In the last months of 2012, six Somali men were taken to Spain to be tried on charges of piracy. The six were captured by the flagship of Operation OceanShield after allegedly trying to cease a Spanish tuna fishing vessel in the last weeks of October.

Two Somali men accused of piracy have already been found guilty in Spain and each received sentences of 439 years in a courtcase in May 2011.

In Malaysia, seven Somali men facing charges that carried the death penalty have been offered a plea bargain. The men were arrested in January 2011 and charged with 'firing at the Malaysian armed forces while committing a robbery' - an offence that carries the death penalty. The men have been given the option of pleading guilty to the lesser charge of 'using a weapon with the intention of preventing their arrest', a charge that carries 'only' a maximum penalty of 14 years imprisonment.

In the Seychelles three men were sentenced to 21 years each and a fourth to 14 years on piracy charges. The men were arrested by a Danish warship after they allegedly held an Iranian ship. Denmark has an agreement with both Kenya and the Seychelles that allows pirates arrested by Danish forces to be tried in either of those countries.

In Madagascar, thirteen men and one youth who were arrested in March 2011 appeared in court in November 2012 and the men received sentences of five years hard labour, the young person was sentenced to 30 months imprisonment and released on bail.

Italian Court-case Ends

On 30th November an Italian court sentenced the nine Somali men on trial in Rome to between 16 and 19 years in prison for attempted kidnapping for extortion and illegal possession of firearms. But the charges of terrorism were not held. The prosecution were unable to prove any links with terrorism.

In 2011 the men had allegedly attempted to hijack an Italian-flagged cargo ship. The four teenagers arrested at the same time were tried separately as juveniles and sentenced in June to eight years in prison each.

Another trial in Italy is set to begin this week. This one is against eleven men arrested in January this year - these men were not charged with terrorism.

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.

The Trials in Europe

In the first week of September nine men went on trial in the Netherlands, charged with piracy and attempted murder.They were the remainder of a group of 16 arrested in April 2011 after a gunfire battled with Dutch marines based on the warship Tromp. The Somali were supposedly on board an Iranian fishing vessel. Two Somali men were killed in the gun battle and buried at sea by the crew of the Tromp, seven released and the remaining nine were taken to the Netherlands.

The trial is expected to last less than a month, and if convicted the men face life imprisonment.

This is not the first courtcase in the Netherlands and it will not be the last.

The Netherlands has the dubious honour of being the first European country to try people for 'Somali' piracy - that was the trial of five men arrested in 2009, in June 2010 they were sentenced to five years imprisonment each. The next trial was in August 2011 of five men arrested in November 2010, they received sentences of between four and seven years. One of the people said he was only 13 years old; 'experts' put his age at between 14 and 15 years.

Meanwhile, the Dutch navy arrested another group of alleged Somali pirates last month in the Somalian coastal waters and the group are now in the process of being transported to Rotterdam for trial. (Another group, arrested in July by the Dutch navy, were taken to Oman for trial).

The trial in Italy of nine men is also continuing. 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. The judge did not accept the charge of terrorism against the youth, but they were found guilty of attempted hi-jacking and were each sentenced to eight years in prison.

In Belgium, a man arrested on DNA evidence was sentenced in January this year to ten years imprisonment.

And in Germany, after a trial lasting nearly a hundred days of actual court appearances, the trial of ten people in Hamburg is nearing an end.

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 France: Four Guilty, Two Acquitted

The trial of the six Somali men arrested on land in 2008 by French paratroopers has ended with four found guilty and two acquitted. The men found guilty have been sentenced to between four and ten years. The person who received ten years had admitted during interrogation to being a pirate.

The group were arrested after paratroopers used a helicopter to stop a taxi they were travelling in, and had been held in custody since then. The two youngest were acquitted.

French prosecution are appealing the sentences, they say that they are too lenient.

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.

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.

Case Opens in Italy

Nine Somali men appeared in a Roman court on 23rd March. They have been charged with piracy and the State is also alleging that the act of piracy was a fund-raising exercise for Al-Shabaab. This will be one of the first cases where the prosecution will try and prove links between so-called terrorist organisations and piracy. Their next court appearance will be on 15th May 2012.

The nine men were part of a group of fifteen arrested in October 2011 by British and US forces as part of a joint  NATO Ocean Shield operation. They are alleged to have hi-jacked the Italian vessel Montecristo. All fifteen people arrested were handed over to Italian custody and flown to Rome; after a police investigation two of the men were repatriated to Pakistan. Nine adults appeared in court on 23rd March and the remaining four people are juveniles and will be prosecuted in a juvenile court, their case begins on 2nd April.

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.

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.

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.

A 1 in 300 risk

There's been an interesting argument going on in the English courts over the last few months. It's a debate that focuses on the risk of a ship being attacked by pirates whilst going around the Horn of Africa. And the risk, both shipping companies and the courts agree, is actually only 1 voyage out of every 300 transits a ship does.

That is, one transit out of every 300 is at risk.

And allegedly because of this risk, the EU has continued Operation Atalanta to the end of 2012 and is considering expanding its powers so that Atalanta forces can now legally go on Somali land. The USA has just announced that it is expanding its presence in the Gulf of Aden with a floating SEAL base.

Somali piracy is seen as a huge threat and money continues to be poured into stopping the 'pirates' but little is done to stop the IUU fishing boats or the dumping of toxic wastes. It continues.

The details of the actual court case have received minimal coverage in the mainstream press, however it is covered in legal websites and journals. The case involved a Panama flag-flying ship, Triton Lark. The ship was charted by a Hong Kong company, Pacific Basin, to carry a load of Potash from Hamburg to China via the Suez Canal from its disponent owner - the Norwegian firm 'Bulkhandling Handymax' (The real ship owner is Triton Navigation B.V., an Amsterdam company part of the Japanese multi-national Sumitomo Group).

Because of the risk of piracy, the Norwegian firm refused to sail through the Suez Canal and therefore costs of the voyage increased. Pacific Basin then sued for those costs to be covered; both sides agreed that the actual risk is only one in 300 transits. The matter has been referred back to the arbitrators.

Acquitted in France

On 30 November five Somali men were sentenced in France to between four and eight years for hi-jacking a French yacht in 2008. One man was acquitted. Prosecutors have appealed and that means that the acquitted man, the father of a now seven year-old boy, must stay in France in a state of limbo. The new court case could be up to nine months away.

On the day he was acquitted, the prison, where he had been remanded, called the court translator to come and collect him - there was no one else there to support him and he was scared to leave the prison. He was finally released at night into the streets of Paris with only his prison earnings, and with no papers, no work permit and knowing only a few words of French. He was lucky he had the translator to help him.

He had arrived, hooded and hand-cuffed, in France three years earlier. The only glimpses of France he had were from his cell window and during transportation to and from the court case. He says that he "guessed it was a country where there was light everywhere, a fertile country where it rained all the time." He said that on television he watched football and managed to learn a few words of French.

On release, three years after he was arrested, he still has the scars from the handcuffs and the memory that on that day the man next to him was shot  dead by the French troops.

Now he has applied for asylum and must wait for another courtcase.

South Korea Up-date

South Korea announced in the week before Christmas that it has extended its anti-piracy operation off the coast of Somalia for one more year. Cheonghae, the name of the mission, was the first ever over-seas deployment of South Korean navy forces.

It is also interesting to note that one of Cheonghae's first roles in May 2009 involved the 'rescuing' of a North Korean ship. It is also interesting that despite the growing tensions in the South China Sea and the accusations by South Korea that China is aiding piracy there, China and South Korea continue to work together in the waters off the Horn of Africa.

And in the same week that the mission was extended, the South Korean Supreme Court heard the appeal against sentencing by a group of Somali men. The five were convicted of hi-jacking a South Korean ship in January 2011, one man was sentenced to life and the other four were sentenced to between 12 to 15 years each. The appeal was denied and the sentences were upheld.

It would have been an interesting court case, the South Korean courts were unable to find a Somali / Korean translator - instead there were four translators: one Somali (Somali/English), two Koreans (English/Korean) and one Korean University Professor to translate Arabian into Korean.

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.

'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.

South Korea tries Somali men

In South Korea five Somali men were sentenced in May 2011 for their alleged part in hijacking a South Korean ship in January 2011. Four men were sentenced to between 12 and 15 years imprisonment and one man was given life. The five were originally part of a group of 13, but eight men were killed at the time of the arrest.


The man sentenced to life appealed his sentence, the sentence was upheld but now all five are appealing to the Supreme Court.

'Pirates' sentenced in the USA

The United States sentenced Abdiwali Abdiqadir Muse, a 15-year old, to nearly 34 years in prison in May 2011. He was arrested in May 2009, the sole survivor from a group of four alleged pirates, the others were killed by US navy sharp-shooters. All of them were under 20 years of age. Despite evidence from Somalia that Abdiwali was a juvenile, the US tried him as an adult.

Currently facing court is a man alleged to be a negotiator in two hijacking incidences. One incident involves a German yacht hijacked in May 2010. The other involves an American yacht with a crew of four, all four crew were killed and two alleged pirates also died.

A total of 14 men are currently facing charges in the US over the hijacking of this yacht. Six pleaded guilty to hijacking early and of these four have received life in prison and one other given a sentence of two concurrent life sentences. Five others later pleased guilty and are currently waiting to be sentenced to mandatory life, while three others are facing the death penalty if convicted.