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Italy Demands Right To Try Enrica Lexie Suspects
Italy is demanding the right to try two members of a vessel protection detachment accused of shooting dead two Indian fishermen last week, apparently because they feared that the victims were pirates.
Massimiliano Latore and Salvatore Girone, both Italian marines, were yesterday remanded in custody until March 5 by a magistrate in Kollam. They have been charged with murder under section 302 of the Indian penal code.
The accused were part of a security detachment on board the Dolphin Tanker-operated vessel Enrica Lexie at the time of the incident last Wednesday.
Accounts of exactly what happened differ sharply, and are causing diplomatic tensions between India and Italy.
The Italian foreign ministry said in a statement that the incident occurred on an Italy-flagged ship in international waters, and that therefore Italy had jurisdiction. Moreover, as members of the armed forces, the men had immunity from prosecution by other states.
Italy’s foreign minister Giulio Terzi told reporters: “So far, I do not believe there has been the kind of collaboration between the states of India and Italy which could be hoped for and which could open a way out quickly.
“Contacts and collaboration between the two governments are essential to establish the facts in the face of unilateral actions being undertaken by police authorities.”
Meanwhile, BCB International called on the major conference on Somalia that meets in London this week to rethink policies on the use of armed guards.
The security equipment manufacturer’s marine projects manager Jonathan Delf said: “We have been warning for some time about the dangers linked with the used of armed guards on commercial vessels.
“The vast majority of armed guards protecting commercial vessels are extremely well trained and highly professional, but there can be no room for human error when lethal force is used.
“Armed teams on board civilian commercial vessels need to be provided with the right equipment to enable them to do the very difficult task they face.”
Indian Fishermen Shot Dead By Italian Anti-Piracy Team
Indian fishermen shot dead by Italian anti-piracy team
Conflicting reports after tanker incident off Kerala
Two Indian fishermen have been shot dead after naval security personnel on board the tanker Enrica Lexie took them for pirates about 14 miles off Kerala’s Alappuzha coast on Wednesday afternoon. The victims have been named as Ajesh Binki, 25, and Jalastein, 45.
Conflicting reports are emerging about the incident. The Italian embassy in India claims that the vessel had previously come under attack. However, India’s Directorate General of Shipping has insisted that the two dead men were innocent.
The directorate has confirmed that the guards, who are in custody along with the master of the 2008-built, 104,769 dwt vessel, are Italian naval personnel. Initial reports were unclear on that point, leaving private military contractors to ponder the legal and insurance implications.
The Standard Club has confirmed that it is the P&I insurer for Enrica Lexie , now anchored off Kochi. The P&I club, which was also one of the main P&I clubs covering Costa Concordia , said it could not give further details while the investigation continued.
However, Lloyd’s Market Association senior executive underwriting Neil Smith said this sort of incident was certain to involve the P&I insurers.
“Given the proliferation of armed guards and the continued threat to ships, it is an inevitability that mistakes will occur,” he said. “That fear of escalation and errors was and is behind the thinking of those owners who were and are reluctant to go down the armed route.
“It is not the first time that an innocent vessel has been attacked as it will be recalled that the Indian navy unfortunately made the same mistake a couple of years ago with worse results.”
A security source said this incident was certain to raise liability issues but added that it was difficult to make any judgement until all the facts were known.
“For example, anyone who’s been around for a while will know that at one time if you got too close to the Yemeni coast and ran over fishing nets, the local fishermen in skiffs, with guns in many cases, would open fire to scare you off the fishing grounds. The Indians may have been doing something like that and may have been perceived as a lethal threat,” he said.
“There are so many variables but I think if they were operating to strong rules on the use of force then they must have had a potentially lethal threat.”
According to the Lloyd’s List Intelligence database, Enrica Lexie is associated with Naples-based Dolphin Tanker . Initial attempts to contact the company were unsuccessful.
The incident has already had diplomatic repercussions, when India’s Ministry of External Affairs summoned the Italian ambassador for a dressing-down.
The Press Trust of India, citing unnamed official sources, said that the two people killed were were among 11 fishermen on a boat, nine of them asleep at the time of the incident. The Italians opened fire without prior warning, the sources claimed.
The Italian embassy said in a statement: “The Italian ship was attacked in international waters about 30 miles off the southwest coast of India. Italian navy personnel on board following international protocols, after repeated warnings and after ascertaining from binoculars that the pirates were armed, gradually fired some warning shots and the pirates withdrew.
“Later, the master of the Italian ship was contacted by the Indian coastguards and requested to direct towards the Kochi harbour to offer information on the pirate attack. The master agreed and the ship is now in Kochi harbour. We are in touch with the Indian authorities and we shall work together to clarify all aspects of the incident.”
But the Directorate General of Shipping put out a statement giving a rather different version of events. It said Enrica Lexie was intercepted by the Indian coastguard and escorted into Kochi.
The directorate said it planned a preliminary investigation into “the loss of life of two innocent Indian fishermen”.
EU Seeks To Have Pirates Tried In Countries Of Origin
European Union managing director for African Affairs Nick Westcott has held discussions with Tanzanian top government officials on the possibility of inking a deal to have detained pirates transferred for trial in their countries of origin.
Westcott told The Guardian in an interview that the EU is due to launch maritime security capacity building programme in the East African Community (EAC) as an initiative to protect its territorial waters against pirates.
“We are holding discussions with a number of African countries including Tanzania that have been affected by piracy,” Westcott said.
The MD stressed that the EU has put more priority in East African countries where incidences of piracy have been common and there are weaknesses in dealing with the cases legally.
“We need to do a situational analysis first before launching the initiative…if it is training we can recruit people to work on the cases,” he said remaining reluctant to divulge the actual dates the initiative will be launched.
Westcott pointed out that the EU is prepared to ensure piracy is put under check in the Indian Ocean.
The managing director said regarding the pact that it will be issuing directions on how to handle pirates including transferring of detained pirates to their mother countries and save sentences while there.
“Contrary to conventional practices whereby a captured pirate can be tried anywhere, we have also to consider the need to let detained pirates be imprisoned in their countries of origin,” he said.
Westcott applauded efforts made by the East African countries in the fight against piracy, saying the situation has improved dramatically and the rate of attacks on ships has been reduced.
Last week the governments of Tanzania, Mozambique and South Africa signed a tripartite pact to strengthen maritime security in Indian Ocean and fight piracy.
The agreement was signed by Tanzania Defence and National Service minister Dr Hussein Mwinyi, South African Defence minister Lindiwe Sisulu, and Mozambican National Defence minister Filipe Jacinto Nyussi who were witnessed by President Jakaya Kikwete.
Speaking at the event President Kikwete promised to assist the Tanzania People’s Defence Forces in taking part in the joint efforts course.
“We are going to take all measures to keep our sea safe because more than 90 percent of our trade use the ocean route….At first we thought that the problem was confined only to the Horn of Africa, but now it has extended to the Southern part of the Indian Ocean,” President Kikwete said.
For his part, Defence and National Service minister Dr Hussein Mwinyi said the aim of the MoU is to strengthen cooperation between armed forces of the three countries in carrying out the war against piracy.
“Maritime piracy is becoming a big security concern and if not thoroughly addressed it might have larger negative impacts in social, political and economic areas,” Dr Mwinyi said.
Meanwhile Westcott has cautioned against misuse of aid from the EU pointing out that the Union will now be dishing out more money to support those countries that use the funds well.
The EU has spent more than Euro 130m in Tanzania for various development projects, he revealed.
InterManager President Made Fellow of Nautical Institute
Alastair Evitt, current President of international ship management association InterManager, has been made a Fellow of The Nautical Institute.
Mr Evitt, Managing Director of Meridian Marine Management, is set to be formally presented with his Certificate of Fellowship at this Thursday’s Annual General Meeting of the North West England & North Wales Branch of The Nautical Institute in Liverpool (Feb 16).
Rear Admiral JS Lang FNI, chairman of the Council’s Fellowship Committee, said: “Fellowship of The Nautical Institute is only awarded to those who have made a significant contribution to nautical science, the nautical profession and/or the objectives of the Institute.”
Mr Evitt said: “It is a great honour to be made a Fellow of The Nautical Institute and I will use my best efforts to further the work of the institute and actively contribute to its work.”
Piracy Attacks Soar In January
Pirate attacks increased 170% worldwide last month, with 46 attacks reported in January up from 17 in December, according to UK-based maritime risk company AKE.
The number of attempted attacks off Somalia matched those in February 2011 “despite suggestions that the widespread use of armed guards and naval exercises had reduced the piracy threat since then”, AKE said.
Pirates did not appear to be deterred by heightened security measures, said AKE maritime analyst Rory Lamrock.
“Naval operations and increased security on merchant vessels may have significantly reduced the number of successful hijackings, but the risk of being approached or attacked is unchanged,” Mr Lamrock said. “Merchant vessels are being attacked further out to sea, with militants and criminals reportedly hijacking local fishing vessels for use as motherships.”
Mr Lamrock noted that the surge in piracy is not limited to the East African coast, citing attacks in the waters off the Nigerian coast as a growing concern.
“Where once attacks were limited to local creeks and coastal waters, incidents should now be anticipated up to, and possibly over, 100 miles from the shore,” he said.
He added that attacks in Asia and Latin America mostly occurred in ports and anchorages, although in one attack off the coast of Colombia, a merchant ship was chased by armed men in a speedboat some 45 miles out to sea.
Mr Lamrock’s message comes after recent comments by International Chamber of Shipping chairman Spiros Polemis after an ICS board meeting this week.
“Recent press reports might give the impression that the level of piracy off Somalia is decreasing,” he said. “However, most ship operators will be aware that this is not the situation.”
Mr Polemis set out three immediate objectives to governments. “First, take the attack to the pirates, while at the same time continuing to defend merchant vessels in the best way possible,” Mr Polemis said.
He urged governments to prosecute all captured pirates, and imprison all those convicted and called for legal action to break the financial chain that supports piracy.
Electronic Pay Firms Woo Seafarers Away From Wage Packets
When Costa Concordia sank last month, several hundred thousand dollars’ worth of dollar bills, euro notes and other currencies probably went down with the ship as well.
In a world where electronic salary payments are largely routine, the shipping industry is still in the dark ages as far as wage packets are concerned.
Even these days, crew members are often paid in cash, a time-consuming and expensive process that leaves seafarers vulnerable to robbery and mugging, particularly when they are heading home. Thieves are known to target ships’ crew at airports as they go on leave.
One estimate puts the size of the annual wage bill for shipboard personnel at $30bn a year, of which perhaps 8% represents cash on board ships. That equates to $2.4bn.
Pre-paid cards secured by chip and pin are opening up new opportunities for employers to eliminate such risks when they pay their crew, particularly ratings.
A major challenge, though, is to persuade seafarers that electronic payments are preferable to cash, says Greg O’Connell who is heading up a marketing drive by SeaPay, part of the Fort Lauderdale-headquartered CTI Group.
Having focused largely on the US passenger shipping industry since it was set up in 1987, CTI has now opened up an office in Liverpool as SeaPay targets European cruise lines and the cargo sector.
Pre-paid cards such as SeaPay’s can provide multiple ways of paying seafarers, according to Mr O’Connell, all of which are safer than cash.
A number of companies either offer this service or plan to launch electronic payment systems for seafarers, including the marine travel firm Griffin Global, which appointed former Inchcape Shipping Services chief executive Simon Morse as its new executive chairman a few days ago. Mr Morse was interested in developing more sophisticated wage payment methods when at ISS and has been working on related projects more recently. He now hopes that Griffin will expand into this line of work.
Travelex, the business payments specialist, also offered services to seafarers until it sold its pre-paid card business to Mastercard, which was not interested in keeping the maritime business.
Mr O’Connell, who worked for Travelex Maritime until it closed, says there is huge scope for reducing the amount of cash that shipboard personnel have to carry. Even tips could be loaded onto a card, via the ship’s purser. Removing cash from the system also delivers considerable savings.
CTI, whose partners are Visa, the Swiss bank Corner, and the money transfer company Euronet, estimates that for every $1m paid to seafarers in cash, there is potential to save $20,000.
Those savings range from less time spent stuffing wage packets and a reduced cash float, to cheaper security and so lower insurance premiums.
For the crew, there should be both time and cost savings, with seafarers no longer having to go ashore to wire funds home, for example, since money can be transferred from one card to another electronically.
SeaPay plans to highlight the benefits of pre-paid cards through social media campaigns, leaflets distributed at ports and other promotional campaigns directed at seafarers.
Costa Wins Praise From Union For Crew Agreement
Costa Cruises has won support from local transport union Federazione Italiana Transporti (FIT) for its handling of the crew’s welfare following the Costa Concordia tragedy.
The International Transport Workers’ Federation (ITF) affiliate reached an agreement with the cruise company last week that the union tells TradeWinds it is happy with.
Spokesperson Leonard Di Fiori tells TradeWinds: “Costa has always been good with the crew, we have a collective bargaining agreement [CBA] with them and they are also applying the Maritime Labour Convention 2006 and have signed the Social Accountability standard 8000 [SA 8000].”
He says the response to the crew since the accident has been in line with its obligations to the CBA and welfare conventions.
Rescued crew were put in a hotel with pocket money provided by the company.
A consolidated salary, paying crew up to the end of their employment contract, was also paid out with a minimum set at two months’ pay.
Crew will further be paid up to $3,570 for personal losses. The company has also offered to provide post-trauma stress counselling at its expense and will contact employees at a later date to see if help is needed.
Three crew were found dead, including two Peruvians and one Hungarian, while two more are still missing, an Italian and an Indonesian.
Compensation payments have been made to the deceased crew’s family in line with the union’s two CBAs with Costa, one covering Italian and the other non-domiciled crew.
A further EUR 60,000 ($79,000) compensation payment will be made to families of the deceased through the union’s welfare fund.
Di Fiore adds that all but 20 of the crew have now been repatriated.
The delay over the remaining crew is largely due to visa problems, he says.
One Indonesian crew member is in a critical condition in a Siena hospital, while a Russian seafarer is in a Rome hospital.
According to the union, Costa has paid for family of the injured crew to visit them in hospital.
However, the union is holding back on commenting on its support for the ship’s captain, 57-year-old Francesco Schettino, who is currently under house arrest.
Di Fiori tells TradeWinds that although it has been offering full support for the crew, it is maintaining a “neutral” position on the master until a full investigation has been carried out.
He adds that there has been a lot of misinformation surrounding the night the cruiseship hit the rocks at the Island of Giglio.
He says he believes the crew’s response was exemplary and the problems in evacuating the ship were largely down to the delays in handing down instructions.
Six Hours On, Six Hours Off Watch Roster Is ‘Most Tiring’
The most far-reaching study into working patterns and fatigue at sea has produced some worrying results with firm evidence that the regular six hours on, six hours off watch roster is the most tiring and potentially dangerous, regularly causing seafarers to sleep while on duty.
The European Union (EU)-backed Project Horizon used simulators at Warsash Maritime Academy and Chalmers University in Gothenburg to create real- life working situations and voyage plans in the hope of coming to a scientific understanding of fatigue at sea.
The study was mainly based on the common six hours on, six hours off and the four hours on, eight hours off working patterns
During watch periods, the report found: “In all four watchkeeping subgroups there was evidence of full-blown sleep. Incidents of sleep mainly occurred during the night and early-morning watches.
“Falling asleep on the bridge is a main indicator of the effect of the watch on dangerous states of the crew. Participants in all the groups reported high levels of subjective sleepiness, close to danger levels for car drivers.”
The study found that those seafarers on a six-on, six-off pattern got “markedly less sleep” compared to those working four on, eight off. Performance was also badly affected with those officers whose off-watch periods were disturbed showing the biggest deterioration, increased stress and “significantly high levels of tiredness”.
The study found: “Process Verification Tests (PVT) of reaction time, carried out at the start and end of each shift, showed clear evidence of deterioration.
“The slowest reaction times were found at the end of the night watches and among those on the six/six pattern.”
Researchers say the findings of the study will allow fatigue to be managed more safely by identifying the times and situations in the working day when fatigue is likely to be the most severe.
“Project Horizon findings suggest that owners, regulators, seafarers and others should pay special attention to the potential risks in difficult waters in combination with the six/six watch system [because of sleep loss], night watches, the last portion of most watches [especially night watches], and watches after reduced sleep opportunity,” it warned.
Project Horizon has now devised a computer-based “Fatigue Management Toolkit” called Martha, which it thinks can help managers spot dangerous situations and work to avoid them.
As well as the two maritime universities, the Horizon Project also involved Bureau Veritas, the European Transport Workers Federation, the Stress Research Institute at Stockholm University, the Standard P&I Club, the European Community Shipowners’ Association, the European Harbour Masters’ Committee, Intertanko, the UK Maritime Accident Investigation Branch and the European Maritime and Coastguard Agency.
PH To Allow Private Security Guards On Ships As Anti-Piracy Measure
The Philippines has given Manila-flagged merchant vessels the go-ahead to deploy private security groups to minimize the risk Filipino seafarers face from Somali pirates in the Gulf of Aden and the Indian Ocean, according to the Department of Foreign Affairs.
The move, however, is “subject to Philippine shipping companies” adherence to strict guidelines promulgated by the Maritime Industry Authority and the International Maritime Organization,” the DFA said Monday.
“In their participation at meetings to combat piracy in the IMO, the United Nations and other fora, Philippine government officials have been advocating the importance of promoting the safety of Filipino seamen. This advocacy is being supported by other governments,” it also said.
A total of 26 Filipino seamen on board three foreign-flagged vessels are still being held by pirates in east Africa.
“The longest one in detention is a crew member of the MV Iceberg 1, which was hijacked by pirates on Jan. 29, 2010 off the Port of Aden in Yemen,” the DFA disclosed.
Between 2006 and 2011, a total of 769 sailors from the Philippines were seized by pirates operating in the Gulf of Aden and the Indian Ocean. It is believed that all but the 26 were released unharmed and upon payment by their principals of ransom.
Earlier this month, the DFA said the government had come up with a plan to protect Filipino sailors from Somali pirates.
The plan calls for, among other measures, the adoption of what the merchant shipping industry refers to as “best management practices,” DFA spokesperson Raul Hernandez had said.
These practices–or ship protection measures–include watch and lookout arrangements, installing anti-piracy alarms and razor wire around the vessels, using water cannons that blast steam and hot water as deterrents, and wearing night vision optics.
The government is “also making arrangements with ships’ foreign principals and local manning agencies to travel along a safe corridor” in shipping routes, Hernandez told the INQUIRER.
The Philippines is a member of the 70-nation Contact Group on Piracy off the Coast of Somalia, which also includes the United States, China, Japan, Russia, and the United Kingdom, among other countries.
he group has “facilitated the operational coordination of an unprecedented international naval effort from more than 30 countries working together to protect transiting vessels; worked to build the capacity of Somalia and other countries in east Africa to combat piracy; and launched a new working group aimed at disrupting the pirate enterprise ashore, including its financial network through approaches similar to those used to address other types of organized transnational crime networks,” said a US State Department report posted on the website of the US Embassy in Manila.
In a related development, Koji Sekimizu, the new IMO secretary-general, is scheduled to visit Manila next month to “confer with senior Philippine government officials on the various approaches that can be pursued to resolve the piracy threat off Somalia. The Philippines will be the first country he will visit after his meeting with UN Secretary-General Ban Ki-moon in New York later this month,” said the DFA.
Early this month, Ambassador Enrique Manalo, the country’s envoy to the UK and concurrently its permanent representative to the IMO, called on the IMO head at the agency’s London headquarters.
During their meeting, Manalo “highlighted the importance placed by the Philippine government in promoting the welfare of (some 400,000) Filipino seafarers and protecting them from the continuing threat of piracy off Somalia.”
Sekimizu “appreciated the concern of the Philippines, recognizing that it is one of the primary providers of seamen to the international shipping community.”
He indicated that the piracy problem “must be addressed cooperatively by the IMO, the UN and other concerned agencies and organizations as he also stressed the need for the IMO to take the lead in addressing the piracy menace.”
The IMO official added, “the problem of piracy would be more effectively addressed if resources could be channeled to support and strengthen government institutions in Somalia. Doing so can eradicate the roots of the problem rather than for the international community to continue relying on naval protection for merchant vessels traversing high-risk areas off Somalia.”
Let Western Courts Try Suspected Pirates Transfer The Convicted To Indian Ocean Prisons Once Capacity Is In Place – SaveOurSeafarers
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 motherships, 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 six Somali pirates who attacked the EU Navfor flagship ESPS Patino on 12 January. The UK is said to be talking with the Seychelles about transferring the 14 pirates there for prosecution.
Giles Heimann, chairman of the steering committee of the shipping industry’s SOS SaveOurSeafarers campaign, observes that many of these suspected pirates may be released because seemingly no country is willing to prosecute them.
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 motherships 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.
The governments involved in capturing these 46 pirates have been pursuing options for regional prosecution, putting massive pressure on countries bordering the Indian Ocean to accept those being held.
The problem, we are told, is that Kenya and the Seychelles, which have tried suspected pirates in the past, are unwilling to take the latest suspects because their court systems are overloaded with piracy cases.
If the international community will not act, relying instead on an active few, many captured pirates may be released. This shows a lack of respect for the military personnel and the shipping community who are 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 Mr 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 UK House of Commons Foreign Affairs Committee’s report Piracy off the coast of Somalia.
Although prosecution in local courts is the preferred option, the committee’s report stated that there was no legal reason preventing the UK proclaiming jurisdiction over suspected pirates and trying pirates in UK national courts, if no other state was willing to do so.
More than £11m ($17.3m) 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 transfer later 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 Mr Heimann.
“Essentially, governments need to display far greater political will and resolve.”
The UK government will soon host the London Conference on Somalia including a session titled Confronting Terrorism and Piracy.
The SOS campaign hopes that the government will take this opportunity to set an example that other governments might follow, rejecting the ‘catch and release’ policy that has caused so much embarrassment, and showing the way to the whole international community.
Doing so would continue its current excellent leadership.
SOS SaveOurSeafarers brings together 30 organisations to raise awareness of the human and economic cost of piracy based on approaches to politicians and industrial leaders at the highest level.
The group, which launched in March 2011, aims to resolve the piracy problem off Somalia, to see piracy deterred, defeated and eradicated and to stop seafarers being tortured and murdered. http://www.saveourseafarers.com