Criminalization of Seafarers

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Criminalization of Seafarers

• Bjørn Haave, Master Mariner

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The way landlubbers see us
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Prestige

• Prestiges Greek Captain was in custody after
  five hours of questioning by a judge in La
  Coruna. Maritime authorities said he failed to
  cooperate with rescue crews after issuing a
  distress call

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Exxon Valdez

• Captain Hazelwood stood trial on several criminal
  counts.The captain's only conviction in the case
  was for negligently discharging oil. He was fined
  50,000 and 1,000 hours of community service,
  picking up litter along Alaskan highways

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Tasman Spirit The Karachi 8

• The Captain may have made a mistake, but holding
  him and the crew imprisoned for 9 months and
  demanding 1bn compensation seems too harsh to me
  as a seafarer.The Pakistani government must have
  forgotten the compensation limits set under the
  CLC and Fund Conventions

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ZIM MEXICO III

• Captain Wolfgang Schroeder was convicted and
  received his sentence on the 7th of February
  2007. Four months in prison, 3 years probation
  and 72 hrs to leave the USA

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Cenk Kaptanoglu

• A bad Joke!
• The Captain, agitated at the length of
  inspection, allegedly made a comment that their
  ship had a bomb onboard
• Aside from the fact that Capt. Tumer will be
  fined 500,000, he runs the risk of a 15-year
  jail term if convicted

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IMO and ILO

• IMO regulates international shipping, mainly the
  hardware
• ILO takes care of the Human Element side of
  international shipping
• Many states have implemented additional
  regulatory instruments such as the US and the EU

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The Master

• Pressure from
• - Owners
• Charterers
• Flag State
• Port State
• Port Operators
• And countless others

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The US problem

• Aside from Criminalization of non Criminal acts
  the USA uses all means to punish seafarers
• ISPS-Code is a good example
• Whistleblowers another

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Dangerous Manning

• In addition to the loss of life, pollution and
  financial loss low manning could also cause
  criminal prosecution
• In Greece an Officer of the Watch was sentenced
  to 18 months in jail
• In the UK both the Captain and the OOW are being
  indicted together with the Company

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Recruitment

• Shortage of Officers on a world wide scale
• Many experienced Captains and other Officers fear
  the US treatment of Mariners
• Criminals shall be punished but accidents must
  not equal Criminal Acts

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ITLOS

• I International
• T Tribunal for the
• L Law
• O Of the
• S Sea

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Based in Hamburg, Germany

• Established by the UN under UNCLOS
• Entered into force 1994
• 21 elected members
• 149 signatories

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Procedure

• Must be filed by Flag State or
• by the State representing the seafarers
  nationallity
• From filing to judgement 28 days max.
• The result is binding the same day as it is
  announced

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Problems

• To convince the Flag State
• Owners should consider this when they register
  their ships
• Nationality of Ship and owner
• Mixed Nationality of Crew

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Solutions

• ?
• For you to handle

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NMOA and IFSMA

• Thank you for your attention!
• Wish you a successful meeting