India sentences crew members of anti-piracy ship

[Abingdonboy]

An Indian court on Monday sentenced crew members of a US-operated ship, including three Ukrainians, 14 Estonians and six British citizens, for carrying weapons meant to defend against pirates while in Indian waters.

A judge in the southern state of Tamil Nadu sentence the foreigners and 10 Indian crew members to five years in prison, in a case that is likely to spark diplomatic tension and debate over armed guards on ships traveling through pirate infested waters. The judge also fined each crew member 41 euros ($45).

India's coast guard arrested the crew from the Seaman Guard Ohio in 2013 off the coast of Tamil Nadu after they failed to present proper papers to carry weapons.

The ship's owner, the US maritime security firm AdvanFort, said all weapons aboard were legally purchased and registered.

The crew spent nine months in prison after the arrest before being released on bail under the condition that they did not leave India.

Crew members' lawyer said his clients would again seek bail and challenge the verdict.

The southern tip of India is a major cargo shipping route and ships often carry armed guards to protect against pirates, a controversial and largely unregulated practice.

India sentences crew members of anti-piracy ship | News | DW.COM | 11.01.2016



@PARIKRAMA @Spectre @Capt.Popeye @Vauban @Levina @Echo_419 @MilSpec @nair @SpArK @Parul

 

[MilSpec]

I think the courts need to be lenient on this.

 

[PARIKRAMA]

An Indian court on Monday sentenced crew members of a US-operated ship, including three Ukrainians, 14 Estonians and six British citizens, for carrying weapons meant to defend against pirates while in Indian waters.

A judge in the southern state of Tamil Nadu sentence the foreigners and 10 Indian crew members to five years in prison, in a case that is likely to spark diplomatic tension and debate over armed guards on ships traveling through pirate infested waters. The judge also fined each crew member 41 euros ($45).

India's coast guard arrested the crew from the Seaman Guard Ohio in 2013 off the coast of Tamil Nadu after they failed to present proper papers to carry weapons.

The ship's owner, the US maritime security firm AdvanFort, said all weapons aboard were legally purchased and registered.

The crew spent nine months in prison after the arrest before being released on bail under the condition that they did not leave India.

Crew members' lawyer said his clients would again seek bail and challenge the verdict.

The southern tip of India is a major cargo shipping route and ships often carry armed guards to protect against pirates, a controversial and largely unregulated practice.

India sentences crew members of anti-piracy ship | News | DW.COM | 11.01.2016



@PARIKRAMA @Spectre @Capt.Popeye @Vauban @Levina @Echo_419 @MilSpec @nair @SpArK @Parul

I think chief points which made court award this decision against those sailors seems to be

1. MV Seaman Guard Ohio violated the international maritime border rules
2. The ship entered the Indian waters without valid documents
   
3. Tamil Nadu police seized 35 firearms, 5,682 ammunition, 102 magazines, travel documents of the crew and logbook of the vessel

This may be harsh but the arms on board and technically infringing into Indian maritime territory went against them. I think they can appeal to a higher court and see what can be best done. But Law is law. So cant say court is wrong here...

Its a bit interesting that countries did not nudge Indian government and tried to say they are innocents.. The lack of it might have prompted courts to look at maximum sentencing.

 

[Oldman1]

I think the courts need to be lenient on this.

If they didn't have the correct papers to carry weapons in Indian waters to fight piracy, than they should be charged.

 

[Levina]

they failed to present proper papers to carry weapons.

I do not understand why people assume this would escalate diplomatic tensions, specially when the ship was in Indian waters without proper docs to carry weapons.
It's their fault not ours!

The crew spent nine months in prison after the arrest before being released on bail under the condition that they did not leave India.

I hope this case doesn't get much media attention.

 

[MilSpec]

If they didn't have the correct papers to carry weapons in Indian waters to fight piracy, than they should be charged.

I am not sure how this is to be treated, what happens when a ship carrying defensive weapons against piracy come into territorial water, I am sure they can't dumo there weapons. Maybe there should be some kind of lock out tag out system on the ship.

 

[Spectre]

I am not sure how this is to be treated, what happens when a ship carrying defensive weapons against piracy come into territorial water, I am sure they can't dumo there weapons. Maybe there should be some kind of lock out tag out system on the ship.

The thing to consider here is if they entered the territorial waters of India intentionally or not. If this was a mistake then courts can take a charitable approach however if their entry was intentional then should have carried relevant permits.

India specially after the Italian Marine Incident needs to be quite clear that one cannot get away with violating law of the land.

In the past there have been many incidents when foreigners have escaped or let go despite committing serious offences just by the virtue of their wealth and country of origin. These kind of incidents seriously undermine Indian sovereignty and invites future violation. For Eg: Purulia Arms Drop Case and Bhopal Gas Tragedy.

Regards

 

[randaam janmam]

I am not sure how this is to be treated, what happens when a ship carrying defensive weapons against piracy come into territorial water, I am sure they can't dumo there weapons. Maybe there should be some kind of lock out tag out system on the ship.

It's simple, they need to carry proper documents that authorize them to carry arms. Inside terriorial waters, that country's maritime laws apply. Indian law is clear that foreign ships entering Indian waters needs a prior permit from the GoI.

Another law they violated was purchasing fuel illegally.

 

[oFFbEAT]

I think the courts need to be lenient on this.

Yeah sure! violating 'dirty Indian' laws is no big deal....

‘Don’t go back to those dirty Indians’: The marines’ case fuels fascist sentiments in Italy

 

[SR-91]

They committed a crime and should be punished.

Indian court should have given them 1 year prison time along with $100,000 fine to ship owner for carrying unlawful weapons in Indian waters.

It is NOT wise to waste Indian Tax payers money on these foreign culprits.

 

[Rajaraja Chola]

I think the courts need to be lenient on this.

We wont be getting any leniancy in US or British waters I guess.

 

[Capt.Popeye]

I think the courts need to be lenient on this.

NO. Not at all.

This particular ship was registered as a Merchant Ship and is not part of any Navy on the planet. The men on board were simply Guards and not any Servicemen of any Armed Forces. Therefore neither the Vessel nor its Crew was immune to Laws that govern transportation and possession of weapons which are undeclared as Cargo with all the relevant documentation that denotes them as Cargo. In this particular instance, the said Vessel entered not only Indian EEZ but also Indian Territorial waters with undeclared weapons, which fall under the definition of Contraband. In which case; the Weapons AND the carrier Vessel are liable to confiscation and the Crew subject to Legal Prosecution.... which is what was done. Actually, even a charge may be extended that the Vessel was acting in the role of a Pirate Rover and the Crew thereof were Pirates/ Mercenary/Renegades. Probably the Ship and its Crew have escaped this charge.

Consider this scenario: a Merchant Vessel sailing on the High Seas with a force of trained men armed copiously with lethal weapons, lands such a force on a small island state and then a Coup is initiated. Such precedents are there in the past; in the Comoros and Maldives. Is there any categorical confirmation that M.V.Seaman Guard was not/ would not have been pursuing any such intention?

The argument of protection against Piracy is simply specious; there is no need for well armed men not bound by any laws to sailing freely under the guise of such declarations. More so when Navies of the world have come together to provide protection to unarmed Merchant Ships sailing in the area. Or in the armed guards provided on Merchant Ships, that was/is provided strictly under enabling regulations/ legislation provided by the Flag State Administration of those Ships. Even GoI allowed Indian Flag Ships to carry armed guards from the CISF (a GoI force) not any private force, to provide the necessary checks and balances. It is another thing that the plan was not acted upon, since the IN and ICG had moved into action.
"Vigilante Security" is nothing that can be approved or sanctioned. That is the idiotic mind-set that rules the NRA in USA, to the detriment of US lives.

I have some first-hand experience of this; both in sailing through piracy-prone areas as well as setting up Security Plans for unarmed Merchant Ships sailing through the areas. The SOPs that we had, did not incorporate any usage of so-called Security Firms of dubious provenance such as the owners of the M.V.Seaman Guard under any circumstances. I can proudly report that the Ships that used our Plans did not suffer any casualty inspite of thousands of transits.

I am not sure how this is to be treated, what happens when a ship carrying defensive weapons against piracy come into territorial water, I am sure they can't dumo there weapons. Maybe there should be some kind of lock out tag out system on the ship.

There is no such thing as "defensive weapons" on a Merchant Ship which is not permitted by the Flag State Administration. In any case; any undeclared lethal weapons on a Merchant Ship is simply Contraband, which is actually the least of the offences that can be made out against it. As for the usage of such weapons ostensibly "for defence"; I have already explained the hidden ramifications in my earlier post.

Again I reiterate categorically; such Vessels and such Armed Forces sailing on such Vessels cannot be permitted, even under the garb of "vigilante security", ala in line with bodies like the NRA's philosophy in USA.