Monday, April 20, 2009
Mother of captured pirate suspect asks Obama to free her son
Mareeg.com, a Somali news outlet, has posted a short item about the mother of the boy who was detained by the US Navy as a result of the Maersk Alabama incident. Adar Hassain says she had been searching for her sixteen year-old son the past two weeks and just discovered that he was being sent to New York to face trial. Abdiwali Muse's three fellow pirates were killed by SEAL sharpshooters, ending the hostage-taking of Captain Richard Phillips. Adar says the last she heard from her son was when he was in school in Galk'ayo, in central Somalia, and that she believes he fell under the influence of pirates. She hopes President Obama will either free her son or fly her to New York to hear the case.
Appropriate measures in handling Somali pirates?
Yesterday, the Canadian frigate HMCS Winnipeg (photo above) was involved in an incident in which pirates attacked a Norwegian-flagged tanker, the MV Front Ardenn, in the Gulf of Aden. Faced with pirates in a skiff intent on boarding the tanker, the crew of the Front Ardenn took evasive maneuvers which prevented a boarding, and notified naval forces in the region of the attack. According to AP, a seven hour chase then ensued in which American and Canadian warships and helicopters tried to stop the fleeing speedboat. The Winnipeg, which was escorting a ship carrying food aid through the Gulf, was finally able to apprehend the suspects. Which is where things go wonky.According to reports, the Canadians were able to do little more than question the would-be pirates and disarm them (though this appears to have consisted of seizing a single RPG round in the skiff, the Somalis having already dumped their weaponry overboard). The pirates were then let free, as Canadian law would not allow the suspects to be prosecuted in this case.
Canadian Prime Minister Stephen Harper told reporters that, "Those were the appropriate measures under the circumstances," a statement which makes one wonder about just what is the mandate of naval vessels such as the Winnipeg that are on patrol in those waters. At some point prior to the frigate's deployment from Canada, wasn't this very scenario discussed by members of the government, the navy and the office of the military's Judge Advocate General?
This plays into the bigger issue of what will be done to effectively prosecute suspected pirates once nabbed by naval forces. In a number of cases we have seen a reluctance by nations to take the next logical step after capturing suspected maritime criminals by putting them on trial, whether in Kenya or elsewhere. This needs to be addressed, and sooner rather than later. Sending warships to scare off pirates or shoo them away from sea lanes is a weak approach to dealing with the issue. It's like sending police to patrol a crime-ridden neighbourhood but telling them they can't arrest anyone. Even a mall cop may have more power.
If there is anyone in the Canadian judiciary who can comment on this and provide some context about what laws could be applied to pirates, I'd love to hear from you.
On a related note, EagleSpeak provides a lengthy and detailed look (see here) at what may be the last American trial in which piracy was the focus. That was back in 1861 and the jury was unable to agree on a verdict.
Thursday, April 16, 2009
Firsthand account of the Maersk Alabama pirate attack
Fred Fry has posted a fascinating email he received that was written by an unnamed member of the crew of the Maersk Alabama, detailing what went on when pirates attacked the container vessel last week and how the crew responded. It also contains some recommendations from the crewman about what can be done to better prepare for pirate attacks. It is a concise and well-written debrief that reflects the professionalism of the Alabama's crew, as well as the level-headed approach they took when faced with a dangerous situation.
Tuesday, April 14, 2009
A Somali "pirate" threatens to sue Germany
The ongoing issue of how to effectively prosecute those individuals suspected of having committed piracy on the high seas has had an odd twist added to things. According to EUbusiness.com, a Somali identified as Ali Mohamed A.D. had his lawyer file a lawsuit in Germany on Tuesday for, "what he called his inhumane treatment since being handed over to Kenyan authorities", according to court documents. His lawyer, Oliver Wallasch, is said to be seeking 10,000 Euros ($13,300 US) from the German government for damages incurred after his transfer to Kenya.
Ali Mohamed A.D. was one of nine suspected pirates captured by the German navy after a March 3 incident involving the MV Courier, a freighter owned by a shipping firm based out of Hamburg. As detailed by Speigel Online, the ship was sailing about 57 nautical miles off the Yemeni coast en route from Bremen to the UAE when it was approached by a speedboat. After taking evasive manoeuvres, individuals in the small craft opened fire on the Courier with automatic weapons and a bazooka. Though the attackers failed to stop the ship, they continued their aggressive actions until an American helicopter - responding to the freighter's Mayday - arrived on the scene and the skiff broke off its attack and headed towards Somalia.
As the Spiegel report continues: "The German frigate Rheinland-Pfalz, alarmed by the mayday call, had also sent a helicopter. The German chopper shot two salvos across the bow of the presumed pirates, but the bandits were not impressed. Only when the frigate approached close to their skiff did the Somalis surrender. After being taken into custody, the group's leader told the Germans that he was a human trafficker from Somalia, and that the weapons were for 'self-defense'."
The Somalis were later handed over to Kenyan authorities for prosecution, possibly sparing Germany the problem of how to handle the legal end of things themselves when it comes to piracy. But if they hoped they'd heard the last from the Courier's attackers, this lawsuit proves otherwise.
Ali Mohamed A.D. denies involvement in piracy in his lawsuit, which he bases on the deprivations that may await him in the Kenyan prison system. Jails like the Shimo la Tewa Prison in Mombasa are noted for their harsh conditions, though one has to wonder whether Ali Mohamed A.D. considered the possibility he'd end up in such a place before he set out with weapons to attack a merchant vessel.
His lawyer is likely looking at that the fact the commander of the Rheinland-Pfalz may have overlooked a crucial aspect of a criminal investigation: the securing of evidence necessary to prove the allegations. As Spiegel says about what happend after the Somali suspects were apprehended, "The frigate captain then proceeded to demonstrate that the German navy, though effective at sea, is relatively unversed in the requirements of modern criminal law. The crew was taken into custody, the skiff was searched, and the weapons found in it were seized and then sunk in the ocean - for security reasons, as the captain put it. Since then, the most important pieces of evidence - three bazookas, a Tokarev pistol, a carbine and a machine gun - have been lying on the seafloor of the Gulf of Aden, at an estimated depth of 1,800 meters (5,900 feet). The frigate captain's unauthorized disposal of the pirates' weapons has led to bad blood between the German government and the Kenyan judiciary. 'The criticism was repeatedly made that important items used in the crime - in other words, the weapons used - where thrown into the ocean,' read a cable from the German Embassy in Kenya." Oops.
Germany is not the only nation worrying about what to do with pirates once captured, and we've yet to find out what will become of the surviving Somali captor of the Maersk Alabama's captain, Richard Phillips. I hope the U.S. takes a more thorough approach in order to bring the full weight of the law against the suspected pirate. But I can't help but feel that we'll see more of these frivolous lawsuits as more pirates are apprehended.
Addendum: A comrade of Ali Mohamed A.D., one Mohamud Mohamed H., has filed an injunction with the Berlin administrative court aiming to force the German foreign ministry to cover the costs of a public defender in Kenya.
Ali Mohamed A.D. was one of nine suspected pirates captured by the German navy after a March 3 incident involving the MV Courier, a freighter owned by a shipping firm based out of Hamburg. As detailed by Speigel Online, the ship was sailing about 57 nautical miles off the Yemeni coast en route from Bremen to the UAE when it was approached by a speedboat. After taking evasive manoeuvres, individuals in the small craft opened fire on the Courier with automatic weapons and a bazooka. Though the attackers failed to stop the ship, they continued their aggressive actions until an American helicopter - responding to the freighter's Mayday - arrived on the scene and the skiff broke off its attack and headed towards Somalia.
As the Spiegel report continues: "The German frigate Rheinland-Pfalz, alarmed by the mayday call, had also sent a helicopter. The German chopper shot two salvos across the bow of the presumed pirates, but the bandits were not impressed. Only when the frigate approached close to their skiff did the Somalis surrender. After being taken into custody, the group's leader told the Germans that he was a human trafficker from Somalia, and that the weapons were for 'self-defense'."
The Somalis were later handed over to Kenyan authorities for prosecution, possibly sparing Germany the problem of how to handle the legal end of things themselves when it comes to piracy. But if they hoped they'd heard the last from the Courier's attackers, this lawsuit proves otherwise.
Ali Mohamed A.D. denies involvement in piracy in his lawsuit, which he bases on the deprivations that may await him in the Kenyan prison system. Jails like the Shimo la Tewa Prison in Mombasa are noted for their harsh conditions, though one has to wonder whether Ali Mohamed A.D. considered the possibility he'd end up in such a place before he set out with weapons to attack a merchant vessel.
His lawyer is likely looking at that the fact the commander of the Rheinland-Pfalz may have overlooked a crucial aspect of a criminal investigation: the securing of evidence necessary to prove the allegations. As Spiegel says about what happend after the Somali suspects were apprehended, "The frigate captain then proceeded to demonstrate that the German navy, though effective at sea, is relatively unversed in the requirements of modern criminal law. The crew was taken into custody, the skiff was searched, and the weapons found in it were seized and then sunk in the ocean - for security reasons, as the captain put it. Since then, the most important pieces of evidence - three bazookas, a Tokarev pistol, a carbine and a machine gun - have been lying on the seafloor of the Gulf of Aden, at an estimated depth of 1,800 meters (5,900 feet). The frigate captain's unauthorized disposal of the pirates' weapons has led to bad blood between the German government and the Kenyan judiciary. 'The criticism was repeatedly made that important items used in the crime - in other words, the weapons used - where thrown into the ocean,' read a cable from the German Embassy in Kenya." Oops.
Germany is not the only nation worrying about what to do with pirates once captured, and we've yet to find out what will become of the surviving Somali captor of the Maersk Alabama's captain, Richard Phillips. I hope the U.S. takes a more thorough approach in order to bring the full weight of the law against the suspected pirate. But I can't help but feel that we'll see more of these frivolous lawsuits as more pirates are apprehended.
Addendum: A comrade of Ali Mohamed A.D., one Mohamud Mohamed H., has filed an injunction with the Berlin administrative court aiming to force the German foreign ministry to cover the costs of a public defender in Kenya.
Another American vessel attacked off Somalia
It's being reported that another American merchant vessel has come under attack from pirates off the coast of Somalia. Reuters and PRNewswire, among other outlets, are reporting that the MV Liberty Sun was attacked while sailing to Mombasa, Kenya, according to the ship's owners. Liberty Maritime Corporation says the vessel sustained damage from automatic weapons and RPGs fired by pirates in an unsuccesful attempt to likely seize the ship. None of the crew was injured and the freighter is currently continuing its journey to Mombasa with naval protection.
The Liberty Sun was carrying food aid from Houston to Africa, and had discharged part of her cargo in Port Sudan last week. This is, of course, the second U.S.-flagged ship to face pirates in the region, following last weekend's dramatic incident with the Maersk Alabama. According to the Liberty Maritime website, the bulker's homeport is New York. Photo below is also from the firm's website.
Lest anyone think this marks some sort of concerted efforts on the part of Somali pirates to target U.S. ships specifically, it should be pointed out that four other vessels have been seized in the last two days, none of which were American. According to the AP, the victims are the Greek-managed bulk carrier MV Irene E.M., the Lebanese-owner freighter MV Sea Horse and two Egyptian fishing trawlers. A fifth vessel, the Safmarine Asia, was hit by RPGs and rounds from automatic weapons, but managed to avoid being boarded. The attack on the Irene E.M. took place at night, which is somewhat unusual for the pirates, though there was apparently enough moonlight to aid their efforts.
The Liberty Sun was carrying food aid from Houston to Africa, and had discharged part of her cargo in Port Sudan last week. This is, of course, the second U.S.-flagged ship to face pirates in the region, following last weekend's dramatic incident with the Maersk Alabama. According to the Liberty Maritime website, the bulker's homeport is New York. Photo below is also from the firm's website.
Lest anyone think this marks some sort of concerted efforts on the part of Somali pirates to target U.S. ships specifically, it should be pointed out that four other vessels have been seized in the last two days, none of which were American. According to the AP, the victims are the Greek-managed bulk carrier MV Irene E.M., the Lebanese-owner freighter MV Sea Horse and two Egyptian fishing trawlers. A fifth vessel, the Safmarine Asia, was hit by RPGs and rounds from automatic weapons, but managed to avoid being boarded. The attack on the Irene E.M. took place at night, which is somewhat unusual for the pirates, though there was apparently enough moonlight to aid their efforts.
Sunday, April 12, 2009
Maersk Alabama captain freed. Will Somali pirates now treat hostages differently?
It appears to have been a dramatic end to the hostage-taking of the Maersk Alabama's American captain, Richard Phillips, earlier this evening. News reports say that at a little after 7:00pm local time, US Navy snipers fired on the lifeboat containing Phillips and his four captors. Three of the pirates were killed and the fourth was captured, the climax of five days of activity in the seas off East Africa.
The successful efforts to free Phillips would appear to show that American forces acted in a timely and deliberate manner, and hopefully puts a stop to all those armchair critics who were being harsh about the U.S. reaction to the incident. This was a unique case with regard to recent pirate events off the Horn of Africa, and could have turned out much worse had Phillips and his captors been able to seek refuge in Somali waters.
There are some fears that the killing of the three pirates could endanger other hostages by provoking "retaliatory attacks". According to AP, American Vice Adm. Bill Gortney says,"This could escalate violence in this part of the world, no question about it." The AP report also quotes two other Somali pirates who talked about the situation. One, Abdullahi Lami, said that, "Every country will be treated the way it treats us. In the future, America will be the one mourning and crying. We will retaliate (for) the killings of our men." The second, Jamac Habeb, told AP from one of Somalia's piracy hubs, Eyl, that, "From now on, if we capture foreign ships and their respective countries try to attack us, we will kill them (the hostages)."
While there is the distinct possibility that these comments do reflect a more dangerous reaction from pirates, I would point out that there was no real change in the activities of Somali gangs last year after French forces acted against elements of these sea robbers. A dead hostage is worthless to the pirates as you can't negotiate a ransom for a corpse. The Somali pirates have always understood this as a key element in their activities. Even last Friday's incident, when French commandos boarded the yacht Tanit and killed two pirates - as well as the skipper - did not seem to cause the same worry that it would ratchet up the reactions from the Somalis. (But then, maybe, the American press has just been hand-wringing a little too much.)
As well, it is important to remember that the term "Somali pirates" should be understood to mean a variety of disparate groups who often do not see eye-to-eye, not some blanket entity that is all-encompassing. These guys fight over the prizes available and value their zones of operation as strongly as street gangs do in urban centers. It's quite likely that some pirates are sitting ashore in Somalia tonight and, rather than pondering the killing of hostages, are thinking their brethren who died tonight were unlucky, or just plain dumb.
Was the U.S. action correct? Absolutely. Will it lead to the deaths of other hostages as a result? I doubt it. And I hope I'm right, given there are well over 200 mariners being held for ransom by Somali pirates tonight.
The successful efforts to free Phillips would appear to show that American forces acted in a timely and deliberate manner, and hopefully puts a stop to all those armchair critics who were being harsh about the U.S. reaction to the incident. This was a unique case with regard to recent pirate events off the Horn of Africa, and could have turned out much worse had Phillips and his captors been able to seek refuge in Somali waters.
There are some fears that the killing of the three pirates could endanger other hostages by provoking "retaliatory attacks". According to AP, American Vice Adm. Bill Gortney says,"This could escalate violence in this part of the world, no question about it." The AP report also quotes two other Somali pirates who talked about the situation. One, Abdullahi Lami, said that, "Every country will be treated the way it treats us. In the future, America will be the one mourning and crying. We will retaliate (for) the killings of our men." The second, Jamac Habeb, told AP from one of Somalia's piracy hubs, Eyl, that, "From now on, if we capture foreign ships and their respective countries try to attack us, we will kill them (the hostages)."
While there is the distinct possibility that these comments do reflect a more dangerous reaction from pirates, I would point out that there was no real change in the activities of Somali gangs last year after French forces acted against elements of these sea robbers. A dead hostage is worthless to the pirates as you can't negotiate a ransom for a corpse. The Somali pirates have always understood this as a key element in their activities. Even last Friday's incident, when French commandos boarded the yacht Tanit and killed two pirates - as well as the skipper - did not seem to cause the same worry that it would ratchet up the reactions from the Somalis. (But then, maybe, the American press has just been hand-wringing a little too much.)
As well, it is important to remember that the term "Somali pirates" should be understood to mean a variety of disparate groups who often do not see eye-to-eye, not some blanket entity that is all-encompassing. These guys fight over the prizes available and value their zones of operation as strongly as street gangs do in urban centers. It's quite likely that some pirates are sitting ashore in Somalia tonight and, rather than pondering the killing of hostages, are thinking their brethren who died tonight were unlucky, or just plain dumb.
Was the U.S. action correct? Absolutely. Will it lead to the deaths of other hostages as a result? I doubt it. And I hope I'm right, given there are well over 200 mariners being held for ransom by Somali pirates tonight.
Friday, April 10, 2009
Maersk Alabama captain tries to escape; French hostage killed
It was a day without complete success in dealing with two hostage incidents involving Somali pirates, one American, the other French.
Undated photo of Maersk Alabama
(from Maersk Lines)
The captain of the Maersk Alabama, Richard Phillips, attempted to escape from his captors last night. According to reports, Phillips jumped into the sea, possibly in a bid to have nearby American naval personnel pick him up. Unfortunately, the pirates re-captured the captain and continue to hold him. They are said to be asking for $2 million in ransom for his release.
Capt. Richard Phillips
(Reuters/Phillips Family)
Meanwhile, French forces went after the pirates holding five people aboard a yacht that was seized last Saturday by pirates. The Tanit was heading towards the Zanzibar Archipelago, skippered by French couple Chloé and Florent Lemacon. Also aboard were the Lemacon's young son and another couple. According to the BBC and Reuters, French officials decided to act after negotiations with the pirate captors broke down yesterday. A rescue team was sent to board the yacht and free the hostages, but in the ensuing engagement Florent Lemacon was killed, along with two of the pirates. Three other pirates were captured. No word on any injury to the others.
Florent Lemacon with family aboard Tanit prior to capture by pirates
(from Lemacon's blog)
While all this was going on, the Norwegian freighter Bow Asir appears to have been released today. It had been held since March 26 (see my earlier note on this here).
It's too early to speculate on what went wrong in the French engagement or to even criticize their actions while there are many other hostages currently being held by pirates. Similarly, some are questioning the manner in which the U.S. is responding to Phillips' situation, even going so far as to label this a failure of the Obama administration. I would say that these views are questionable and being made far too early, and without a full picture of things. Without sounding too harsh, remember that we are talking about one individual being held by armed captors in a lifeboat. There are over 220 other mariners from a variety of nations still in pirate hands today.
As I wrote earlier, there are lots of people offering up analyses and opinions that are often incorrect. (See also EagleSpeak's recent posting that corrects the errors in just one of these sorts of things.) Even the venerable BBC World Service put up an item today with the headline: Piracy off the Horn of Africa: out of control? It's not long, and ends with, "The hijackings are threatening to destabilise one of the world's busiest shipping lanes."
It's vitally important to remain focused and calm and as objective as possible about what's happening on the other side of the globe. That's how any professional mariner would react to a dangerous situation. Journalists, reporters, bloggers and pundits need to try this, too.
And, per that BBC report: Piracy is not out of control off the HoA. Pirates are in complete control and they know exactly what they're doing. Our responses have been, perhaps, out of control and diffused. And the activites of pirates are not 'threatening' to destabilize the seas of East Africa. That happened a decade ago. Today, these pirates have made the threat a reality.
Undated photo of Maersk Alabama(from Maersk Lines)
The captain of the Maersk Alabama, Richard Phillips, attempted to escape from his captors last night. According to reports, Phillips jumped into the sea, possibly in a bid to have nearby American naval personnel pick him up. Unfortunately, the pirates re-captured the captain and continue to hold him. They are said to be asking for $2 million in ransom for his release.
Capt. Richard Phillips(Reuters/Phillips Family)
Meanwhile, French forces went after the pirates holding five people aboard a yacht that was seized last Saturday by pirates. The Tanit was heading towards the Zanzibar Archipelago, skippered by French couple Chloé and Florent Lemacon. Also aboard were the Lemacon's young son and another couple. According to the BBC and Reuters, French officials decided to act after negotiations with the pirate captors broke down yesterday. A rescue team was sent to board the yacht and free the hostages, but in the ensuing engagement Florent Lemacon was killed, along with two of the pirates. Three other pirates were captured. No word on any injury to the others.
Florent Lemacon with family aboard Tanit prior to capture by pirates(from Lemacon's blog)
While all this was going on, the Norwegian freighter Bow Asir appears to have been released today. It had been held since March 26 (see my earlier note on this here).
It's too early to speculate on what went wrong in the French engagement or to even criticize their actions while there are many other hostages currently being held by pirates. Similarly, some are questioning the manner in which the U.S. is responding to Phillips' situation, even going so far as to label this a failure of the Obama administration. I would say that these views are questionable and being made far too early, and without a full picture of things. Without sounding too harsh, remember that we are talking about one individual being held by armed captors in a lifeboat. There are over 220 other mariners from a variety of nations still in pirate hands today.
As I wrote earlier, there are lots of people offering up analyses and opinions that are often incorrect. (See also EagleSpeak's recent posting that corrects the errors in just one of these sorts of things.) Even the venerable BBC World Service put up an item today with the headline: Piracy off the Horn of Africa: out of control? It's not long, and ends with, "The hijackings are threatening to destabilise one of the world's busiest shipping lanes."
It's vitally important to remain focused and calm and as objective as possible about what's happening on the other side of the globe. That's how any professional mariner would react to a dangerous situation. Journalists, reporters, bloggers and pundits need to try this, too.
And, per that BBC report: Piracy is not out of control off the HoA. Pirates are in complete control and they know exactly what they're doing. Our responses have been, perhaps, out of control and diffused. And the activites of pirates are not 'threatening' to destabilize the seas of East Africa. That happened a decade ago. Today, these pirates have made the threat a reality.
Subscribe to:
Posts (Atom)
