Somalian pirates who are terrorising yachts and cargo ships in the Indian Ocean are being routinely allowed to go free by international naval forces despite being captured with their weapons and even holding hostages.

Pirates who are seized from the skiffs by the Royal Navy and other
maritime forces are pleasantly surprised to find themselves being
offered life jackets, medical checks and hot food. They are then often
set free, either because they have not been captured “in the act of
piracy” or because of the risk that they would claim asylum if
prosecuted in Europe.

More than 340 suspected Somalian pirates have been captured in
anti-piracy operations over the past year and subsequently released on
the advice of lawyers. Some have been disembarked on African beaches
because of concerns over the seaworthiness of their vessels.

Julian Brazier, the Conservatives’ shipping spokesman, is to request a
meeting with the European Union anti-piracy operation over the
disclosure by The Sunday Times.

“It’s shameful that so many pirates are being returned to do it again,”
he said. “The fault lies not with the hard-pressed naval commanders but
the ridiculous rules of engagement and operating instructions they are
being given by their political masters.”

The RFA Wave Knight, a Royal Navy support vessel, faced criticism when
it was disclosed that it had failed to stop the kidnapping by pirates
of Paul and Rachel Chandler from their yacht, the Lynn Rival, last
month. The crew witnessed the couple, from Tunbridge Wells, Kent, being
seized, but did not intervene because they feared they would endanger
the Chandlers’ lives.

It has now emerged that this was not the first time pirates had cause
to be grateful to the Wave Knight. In April the support vessel was
involved in the pursuit of pirates who had attacked a merchant ship.
Another Nato vessel, a Dutch ship, joined the chase and the pirates
were successfully captured. Thirteen fishermen, who had been held
hostage, were found on the pirate vessel, along with a cache of
weapons.

It seemed a coup for the Royal Navy and for Nato’s anti-piracy
operation. There was just one snag — the pirates were set free. The
Ministry of Defence said: “The seven suspected pirates were not
captured in the act of piracy so they were released, but they were
disarmed and their weapons destroyed.”

A few hours after this incident, the Wave Knight received a distress
call from a tanker, the Front Ardennes, which was under attack from
another group of pirates. Wave Knight repelled the attack and Nato
ships joined the chase. The pirates were detained and again they were
released.

After the operation on April 18, Captain Ian Pilling, the commanding
officer of Wave Knight, said: “Our primary role is refuelling and
aviation operations, but we are fully capable of conducting anti-piracy
operations in and around the Horn of Africa.” He did not explain why
pirates detained by the Royal Navy were allowed to go free.

These are not isolated incidents. Last Wednesday a Greek warship, which
is part of the EU’s anti-piracy operation, successfully captured
pirates suspected of attacking a French cargo vessel. They have now
been released.

In June HMS Portland, a Royal Navy frigate, intercepted two skiffs with
weapons that “indicated the skiffs had been involved in or were about
to conduct an act of piracy”.

The skiffs had 10 suspected pirates aboard and were equipped with fuel
barrels, grappling hooks, rocket-propelled grenades, machineguns and
ammunition. The pirates were set free because it was claimed there was
a lack of evidence that they were linked to a specific pirate attack.

“It is a myth that pirates have to be caught in the act of piracy if
they are to be prosecuted,” said Douglas Guilfoyle, a maritime legal
expert and law lecturer at University College London. He said that
under the United Nations convention on the law of the sea, defendants
could be prosecuted for “facilitating” piracy or being on a vessel
intended for a pirate attack.

The warships involved in anti-piracy operations will normally have a
lawyer on board the ship and any operation will involve a legal
consultation. The factors considered for a possible prosecution include
cost, the quality of the evidence and the operational impact.

United States Central Command has revealed that in anti-piracy
operations off Somalia between August 2008 and September this year, 343
pirates have been disarmed and released, compared with 212 who have
been sent for prosecution. None to date has been sent for prosecution
in the UK.

Simon Bennett, secretary of the International Chamber of Shipping,
said: “Any pirate attack is a crime against the international community
and countries have a duty to prosecute them.”

A shipping line owner, who asked not to be identified, said: “Letting
pirates go when they have been caught red-handed is absolutely
appalling.”

The Gulf of Aden and the Indian Ocean have become some of the most
dangerous waters in the world because of the Somalian pirates. Three
naval operations are tasked with combating piracy: a Nato force; a
combined taskforce involving the United States, Canada, Britain,
France, Germany, Pakistan and other countries; and Navfor, an EU force.

A Nato spokesman said this weekend that it did not have any mandate to
arrest and detain pirates, only to disrupt their activities. It was a
decision for the commander of each vessel on what do with captives. The
combined taskforce has a similar policy.

EU Navfor is tasked with prosecuting pirates and Kenya has agreed to
accept cases. Commander John Harbour, of EU Navfor, said 75 suspected
pirates were awaiting trial, but suspects were released if there was
insufficient evidence.

Kenya is struggling to cope with the numbers of pirates and a transfer
agreement has also been made with the Seychelles, raising the prospect
of them serving out their sentences in an Indian Ocean paradise.

The Ministry of Defence said: “Counter-piracy operations conducted by
international maritime forces, including from the UK, have deterred,
disrupted and suppressed a large amount of pirate activity.

“In general, a high evidential threshold needs to be met before
transferring of suspected pirates to a regional state, such as Kenya.
Where insufficient evidence exists, the Royal Navy will seize and
dispose of vessels and other equipment, such as ladders and weapons.”

Source: Sunday Times

Search to find what you want

• Somali pirates hijack Pakistan-flagged ship

     (AP) The spokesman for the European Union’s anti-piracy force says Somali pirates have hijacked a Pakistan-flagged fishing vessel.  Source

• Somali Pirates Free Hijacked Pakistani fishing vessel register

     (RTTNews)  Somali pirates have freed a Pakistani fishing vessel they seized last month and used as a “mother ship” to hijack a British-flagged cargo ship in the Indian Ocean, according to the EU anti-piracy mission.  Source

• Somali pirates attack Chinese ship with 25 crew

     (AP) Somali pirates seized a Chinese cargo ship Monday with 25 people onboard, a naval spokesman for the European Union’s anti-piracy force said, in the first successful attack on a Chinese vessel since the country deployed three naval warships to the region.  Source

• China To Naval Base Round Somalia

    As the threat of piracy continues. And as Somali pirates continue with their awkward trade to kidnap foreign ships, a Chinese Admiral has revealed China’s proposal to establish a naval base in the region in its commitment to thwart piracy and finally end this tragedy in the gulf of Eden.

• Russian destroyer enters anti-piracy mission to Somalia

    A Russian naval task force from the Northern Fleet led by the Admiral Chabanenko destroyer resumed on Monday Russia’s an anti-piracy mission off the Horn of Africa, the Navy said. “The task force consisting of the Admiral Chabanenko destroyer and a support ship has arrived in the Gulf of Aden.

• INTERTANKO is involved with the anti-piracy debate in the Philippines

    A new regulator, with help from INTERTANKO, is aiding the Philippines in developing an anti-piracy course for its seafarers. Read at INTERTANKO gets involved with the anti-piracy debate in the Phillippines

• Pirates attack ship captain RI

     (turntoten)  The EU’s anti-piracy force says Somali pirates have again attacked the Maersk Alabama, the U.S.-flagged ship hijacked last spring.  Source

• Pirates thwarted twice in the Indian Ocean: EU

    A US cargo ship and a Dutch tanker were attacked by pirates in the Indian Ocean but managed to fend off their aggressors, the European Union’s Atalanta anti-piracy mission said Tuesday. The two incidents happened within hours of each other on Tuesday some 360 nautical miles (670 kilometres) off the

• Ethiopian-flagged ship Pirate attack foiled

    An Ethiopian-flagged vessel fought off a pirate attack in the Gulf of Aden earlier this week, the multi-national anti-piracy task force said Thursday. The MV Andinet, part of the Ethiopian Shipping Line, was approached by two pirate skiffs Monday, with one of them coming close enough to fire automatic weapons

• Marine Too Stretched on piracy in the Indian Ocean: UK

    Ships using the Indian Ocean will not receive the same level of naval protection from pirates as those in the Gulf of Aden because military resources are tight, British Foreign Secretary David Miliband said. Somali pirates have made tens of millions of dollars in ransoms by hijacking ships in the

• Somali Pirates Free Greek – Owned Cargo Ship

    Somali pirates have released the Greek-owned ship MV Delvina, a Kenyan maritime official said on Thursday.

• India: Anti-piracy activities highlight of the Marine Panels

    The Indian Navy will showcase its successful anti-piracy operations in the international waters of Gulf of Aden during this year’s Republic Day parade. The tableaux of the Indian Navy will comprise a dummy helicopter, the marine commandos known as ‘Marcos’ and the Somalian pirates surrendering before them. “The Indian Navy’s

• Six Somali pirates of the investigation

    Penal Prosecution in Aden has begun investigations with six Somali pirates on charges of pricy and attempt to kidnap a Yemeni boat. Judicial source told the state-run 26sep.net that the Prosecution has received files of seven Somalis accused of piracy, one of them is still at large. The sources pointed

• Russian ships to return home after anti-piracy mission to Somalia

    A Russian Pacific Fleet task force returned on Monday to its base in Vladivostok after completing an anti-piracy mission in the Gulf of Aden.

• Iran draws more naval ships to fight pirates

    The Iranian navy is sending a new armada of warships to fight Somali pirates. A senior naval commander, Fariborz Qaderpanah, said Wednesday that the navy has decided to send more ships to the Gulf of Aden to protect Iranian merchant containers and oil tankers from Somali pirates in the volatile