Criminalisation of Seafarers
Criminalisation of Seafarers
Criminalisation of Seafarers
Criminalisation of Seafarers
It is important for seafarers to do all they can to avoid causing pollution of the marine environment. Sometimes commercial pressures put seafarers in difficult situations and although the company may not instruct the crew to take shortcuts, this may be the only way to keep to deadlines. In the current climate, any action that could cause damage to the environment, whether intentional or by accident, can lead to seafarers taking the blame and being treated as criminals
Prestige
The story of the oil tanker Prestige is notorious. The ship is owned by a company registered in Liberia but flagged in the Bahamas. In 2002, the Prestige experienced difficulties off the coast of Spain. The captain's request to bring the ship into port was refused. A heavy storm then caused the ship to break up and release its cargo of oil causing severe pollution to nearby coastlines and having a devastating effect on local fishing. The Greek captain was subsequently arrested and held by Spanish authorities. He eventually returned home to Greece in March 2005 but may have to return to Spain for trial in the future
S Korean waters are like Gulf of Aden
Captain Jaspreet Singh Chawla and Chief Officer Syam Chetan, who were under trial for South Korea's worst oil spill ever, were sentenced to 18 and 8 months jail term respectively by a South Korean court.
The Captain's wife, however, is now planning to appeal in a higher court against the order.
"It's unfair as his ship was anchored when the oil spill happened. I will appeal in a higher court," Gurpreet Chawla, wife of Captain Jaspreet Singh Chawla, says.
Both Chawla and Syam were held for violating South Korean pollution laws after their anchored crude oil tanker Hebei Spirit was hit by a Samsung Crane Barge in December 2007.
The accident released 10,900 tonnes of oil into South Korean beaches.
The court's judgement, however, has been condemned worldwide.
The National Union of Seafarers of India (NUSI) Secretary General Abdulgani Y Serang in a statement said: "With this unfair judgment the waters of South Korea have become another Gulf of Aden of Somalia where seafarers are apprehensive to trade. Now sailors will be wary to trade in the South Korean waters, where they are criminalised for discharging their professional duties".
Finally they returned to their homeland in Jan 2010.
TOSA
VLCC Tosa:Panama-flagged, 2008-built, 302,159 dwt Owned by Nippon Yusen Kaisha
of Japan managed by NYK Ship management.The incident and detention: Vessel was on voyage from South korea to Singapore inApril 2009.It is reported that a Taiwanese fishing boat, Hsin Tung Chuan 86' capsized in the vicinity of Tosa resulting in the death of two fishermen Taiwan Coast Guard suspected that Tosa is responsible for the incident and escorted Tosa to Taiwanese Portand are holding the crew under detention.The second officer Mohammed Rizaul Karim from Bangladesh and seaman Eduwardo Mallorca are being investigated for desertion, for failing to come to the aid of a capsized fishing vessel.Taiwan's Maritime Patrol Directorate General suspects that there was a collision between the Tosa and Hsin Tung Chuan 86 and Tosa after collision attempted to flee the scene/Evidence is available to show that Tosa was at least one hour from the position where the fishermen's boat capsized.The vessel was released after a letter of undertaking was issued by the vessel's P&I Club Britannia
Captain Glen Aroza, ex-master of M.T. Tosa, has returned to India after 18 months in captivity. The captain was held for questioning in Taiwan after his ship was allegedly involved in an accident with a Taiwanese fishing vessel off the coast of Taiwan international waters.
The Taiwanese authorities have lifted a travel ban on Captain Aroza, allowing him to return home and be reunited with his family on October 4. Two other seafarers, from Bangladesh and the Philippines, have also been able to return home.
The Indian Seafarers' Federation paid tribute to the combined efforts that made Captain Aroza's return home possible. The Government of India, Directorate General of Shipping, ITF, FOSMA, MASSA, NYK Ship Management, Indian seafarers and stakeholders in the shipping fraternity were all involved.
The case is still ongoing in the Taiwan High Court. The National Union of Seafarers of India and the Maritime Union of India will continue to fight on behalf of Captain Aroza and any other seafarers who face criminalisation.
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