Ecoterra – SMCM Monitor. Part XVII – French Trials for Somali Pirates: Unfair, Inhuman, Evil

France has no authority to judge citizens of another country; every Somali pirate mistreated in France is a time capsule that heralds a terrible explosion in the fake democracy of the villainous colonial Frankish regime.

To imagine that France has the right to condemn Somalis for piracy, a phenomenon that is basically triggered by the French and the English colonials, is not a mistake; it’s a crime.

And the French will pay a very heavy price of their criminal attitude that has been malignantly geared against the unity and integrity of Somalia.

I herewith republish the most recent developments as presented in the last Ecoterra Monitor.

Ecoterra Intl. – SMCM (Somali Marine & Coastal Monitor). Part XVII

Ecoterra International – Updates, Statements & Clearinghouse Citations

A Voice from the Truth- & Justice-Seekers, who sit between all chairs, because they are not part of organized white-collar or no-collar-crime in Somalia or overseas, and who neither benefit from global naval militarization, from the illegal fishing and dumping in Somali waters or the piracy of merchant vessels, nor from the booming insurance business or the exorbitant ransom-, risk-management- or security industry, while neither the protection of the sea, the development of fishing communities or the humanitarian assistance to abducted seafarers and their families is receiving the required adequate attention, care and funding.

2009-04-15 22h35:12 UTC

EA Illegal Fishing and Dumping Hotline: +254-714-747090 (confidentiality guaranteed) - email: somalia[at]ecoterra.net

EA Seafarers Assistance Programme Emergency Helpline: SMS to +254-738-497979 or call +254-733-633-733

"The pirates must not be allowed to destroy our dream!"

Cpt. Florent Lemaçon - F/Y Tanit - killed by attack of French commandos - 10. April 2009

None of the various, local or foreign pirate outfits we like to add -

Clearing-house

News from sea-jackings, abductions or newly attacked ships --------

Somali pirates released a Greek cargo ship with a 24-man crew in the Gulf of Aden, the Greek merchant marine ministry confirmed. The vessel was actually seized on March 18 and released yesterday, Tuesday, but sailed free during the night. "The ship has been released and the crew are in good health", a ministry spokesperson told AFP. The St. Vincent-flagged MV TITAN had a cargo of iron and was sailing from the Black Sea to Busan in South Korea, when it was seized with 3 Greek, 1 Ukrainian, 3 Romanian and 17 Filipino crew, who were freed unharmed after not even a month. Albamar Shipping, the firm based in the Greek port of Piraeus, which owner-manages the vessel, is said to have paid a ransom.

On Wednesday, a French warship with an EU anti-piracy force intercepted what was described as a pirate mother-ship and arrested 11 gunmen whom they had been pursuing since the previous day after they had tried to seize a merchant ship. "The pirates were sailing a 10-metre (33-foot) mother ship carrying 17 drums holding 200 liters of fuel each and two assault skiffs", a French defense ministry spokesman said. The French frigate NIVOSE captured these pirates, which brings the number of the French catch to 74, some 500 nautical miles (926 kilometers) east of the Kenyan port of Mombassa, the French Defense Ministry said. The warship tracked the pirates after her helicopter thwarted an attack on the Liberian-flagged but Singapore-owned container carrier MV SAFMARINE ASIA. The Nivose is part of the eight-strong Atalante taskforce of warships from France, Germany, Spain and Italy sailing under the banner of the European Union to aid international efforts to curb a spate of Somali pirate attacks. News of the incident came as the UN special envoy for Somalia said the attacks threatened international peace. He urged the pirates' financial backers to be identified and held accountable.

S/Y TANIT: French police were questioning on Wednesday three Somali pirates who were brought to France after being captured by commandos during a hostage rescue operation in the Indian Ocean. Two pirates and the boat's French captain were killed during the rescue - so the official version. State prosecutors in the western French city of Rennes said the Somali gunmen were being interrogated by police intelligence officers. Defense Minister Herve Morin said on Tuesday they would face trial in France. The body of the dead skipper, 28-year-old Florent Lemacon, has also arrived in Rennes, where it is due to undergo a post mortem examination on Thursday. The prosecutors' office said results would be released on Friday, reported AFP.

Status of abducted vessels:

T/B YENEGOA OCEAN - 11 Nigerians still held partly on the tugboat and partly on land nearby. Government not willing to help. Agreement was reached but owner not acting. Longest pending case: 8 and a half month !!! A new attempt to mediate is under way.

M/V JAIKUR I - The Somali governmental order also instructs the Mogadishu port authority to release the remaining one Iraqi, one Filipino and three Pakistani of the original crew, since a replacement crew is in position to hold out until the dispute is finalized. The Philippine embassy is helping with the repatriation of the Filipino seafarer.

MT STOLT-STRENGTH - abducted since 10th November 2008. The 23 Filipino crew is desperate. No negotiations ongoing. The families are appealing now to the Japanese beneficiary owner NISSHIN SHIPPING and its president H. Kurokawa to facilitate mediation for the messed-up negotiations. The vessel is currently held near Harardheere off Hocti Darute and the Philippine authorities have now become aware of the struggle.

T/B MASINDRA 7 with barge ADM 1 - tension among pirates still high since 3 unsuccessful and ill-advised attempts by the Malaysian owner to fool and force the pirates failed miserably - a situation which allowed a rival gang linked to brokers in Djibouti to take over, which makes any finalization and secure release difficult. 11 Indonesian crew in very poor condition, food and water very scarce. Chief engineer slightly sick.

MT SEA PRINCESS II - Somali businessmen and owner prepared agreed ransom. Final agreement on release expected within coming days. 15 crew of which 8 are Indian ok, but food is scarce.

MV SALDANHA - Negotiations ongoing, 22 crew ok, but food stock declined. Moored near Garacad.

S/Y SERENITY - The fast catamaran is attached to the hijacked Taiwanese FV WIN FAR 161 and kept between Harardheere and Hobyo. 3 men crew with Seychelles nationality are held on land.

MT NIPAYIA - Negotiations ongoing, vessel moored 6 nm from Garacad, 19 crew ok.

MS INDIAN OCEAN EXPLORER - Except for one, all crew members taken off the boat. 6 sailors of Seychelles nationality kept as hostages on land.

MV HANSA STAVANGER - Due to mock attacks by a naval force the pirates took 20 of the 24 crew from the ship and hold them now as hostages on land. Only 4 essential crew remaining on the vessel. Armed militia went to the vessel to reinforce the strength of the captors. Currently near Harardheere off Hocti Darute. Negotiations stalled.

FV WIN FAR 161 - The Taiwanese fishing vessel, which had been involved in the attack on MV ALABAMA is said to be moored now 7 nm from Garacad (together with the Catamaran S/Y SERENITY). The crew of 30 (17 Filipinos, six Indonesians, five Chinese and two Taiwanese) is still together and on board.

MV MALASPINA CASTLE - Moored 7 nm from Eyl with her crew of 24 unharmed sailors on board. Negotiations not yet started in earnest.

FV SHUGAA-AL-MADHI - possibly Sudanese FV vessel, reported to have been arrested for illegal fishing on 9th April and detained with 13 crew at Ga'an (east of Lasqoray). Vessel is not IOTC (Indian Ocean Tuna Commission) authorized.

FV MOMTAZ 1 - Egyptian fishing vessel, which is likewise said to be detained for illegal fishing since 10. April. Detained at Ga'an with 18 crew. Vessel is not IOTC (Indian Ocean Tuna Commission) authorized.

Egypt is in contact with Somali clan leaders and local authorities to press for the release of two Egyptian ships captured this week, the Egyptian ambassador to Somalia said. The envoy, Said Morsi, said he hoped the 34 Egyptians on board the fishing vessels "Momtaz 1" and the "Ahmed Samara" would be released within days. Morsi, in remarks published on Egypt's state news agency MENA, said the pirates had not demanded a ransom and were holding the fisherman on board the boat. He said the captors accused the boats of fishing illegally in Somali waters.

FV AHMED SAMARAH - Egyptian fishing vessel, which is likewise said to be detained for illegal fishing since 10. April at Ga'an with 16 crew. Vessel is not IOTC (Indian Ocean Tuna Commission) authorized.

T/B BUCANEER with 2 Barges - Held near Ga'an (28 miles from Lasqoray) but due to the barges offshore at N 1127 / E 04737 near Cadcado. All 16 crew (10 Italians, 1 Croatian, 5 Romanians) are ok, but part of the crew still on land. The Italian-flagged and UAE operated tugboat owned by Micoperi Marine Contractors from Italy is now said to have been detained for attempted dumping of toxic waste. International organizations and the UN have been invited to inspect the content of the two barges. The validity of the claim could not yet be established since the company didn't respond yet on questions to declare the content.

MT AGIA BARBARA: CREW WANTED FOR MURDER The crew is wanted for murder in two cases and attempted murder in one case as well as armed assault in the case of one dead, one missing (presumed dead) and one surviving Somali policeman and for piracy of the vessel. The crew absconded with the vessel and the present position is unknown. The small tanker with the IMO number 7616004 and call sign HO4050 flies a Panama flag (possibly now changed). Registered ship owner and manager is MEADOWLARK SHIPPING & TRADING CO. of Piraeus in Greece. The Somali Government asks all authorities and naval commands in the region to arrest the crew and secure the vessel.

MV IRENE E.M. with 22 crew unharmed crew has not yet passed Eyl. Will possibly taken to Garcad.

MV SEA HORSE: Vessel hijacked by three or four skiffs and an unknown number of pirates, east of Mogadishu is identified: IMO Nr.: 7315583, small general cargo vessel of 4,932 gross tonnage (not the large stone carrier as falsely reported and pictured in many media). The1973 built general cargo ship actually flies Togo flag and - though it has as "registered owner" listed MAS MARITIMES SA of Marshall Islands, it is owner-managed by SEALINK SARL of Jdeideh in Lebanon. Was called MV SANIE when it was last inspected. The vessel is not covered by an ITF agreement, has no ITF approved CBA, substandard accommodation and substandard safety equipment which already provides difficult circumstances for the normally 21 men strong crew. Captors commandeer her towards Harardheere.

With the latest captures and releases now still at least 18 (19 with an unnamed sole Barge which drifted ashore, 20 with JAIKUR I whose last 4 crew members are still held in Mogadishu harbour) foreign vessels with a total of not less than 311 crew members accounted for (of which 123 are confirmed to be Filipinos) are held in Somali waters and are monitored on our actual case-list, while several other cases of ships, which were observed off the coast of Somalia and have been reported or had reportedly disappeared without trace or information, are still being followed. Over 134 incidences (including attempted attacks, averted attacks and successful sea-jackings) have been recorded for 2008 with 49 fully documented, factual sea-jacking cases (for Somalia, incl. presently held ones) and the mistaken sinking of one vessel by a naval force. For 2009 the account stands at 54 averted or abandoned attacks and 16 sea-jackings on the Somali/Yemeni pirate side as well as one wrongful attack by friendly fire on the side of the naval forces. Mystery pirate mother-vessels Athena/Arena and Burum Ocean as well as not fully documented cases of absconded vessels are not listed in the sea-jack count until clarification. Several other vessels with unclear fate (also not in the actual count), who were reported missing over the last ten years in this area, are still kept on our watch-list, though in some cases it is presumed that they sunk due to bad weather or being unfit to sail. In the last four years, 22 missing ships have been traced back with different names, flags and superstructures.

Piracy related news

Somalia's new prime minister Omar Abdirashid Ali Sharmarke has said the battle against pirates must take place on land, and he has requested international funding to prosecute that battle. Somali officials say they barely were informed of U.S. plans to rescue a U.S. ship captain. The capture of one pirate during that raid has exposed the lack of a legal system for international piracy. Undeterred, pirates continue to mount attacks against sea vessels, including another U.S. ship.

In Washington, Secretary of State Hillary Rodham Clinton announced new diplomatic efforts to freeze the pirates' assets [hopefully also those of all the mainly London-based lawyers, who are at the centre of the insurance / fraud / piracy-games] and said the Obama administration will work with shippers and insurers to improve their defenses against pirates, part of a diplomatic initiative to thwart attacks on shipping. "These pirates are criminals, they are armed gangs on the sea. And those plotting attacks must be stopped", Clinton said at the State Department. Clinton did not call for military force, although she mentioned "going after" pirate bases in Somalia, as authorized by the U.N. several months ago. But how helpless and unfit her "new policy" thoughts are becomes clear when one hears her concluding sentence: Hillary Rodham Clinton said it may be possible to stop boat-building companies from doing business with the pirates.

Gosh, this is as unintelligent as the wish by the naval forces, proposed at a recent anti-piracy conference, to be allowed to blow all fishermen's skiffs with an outboard engine of more than 15 or 20 hp out of the water. How about if the navies and state secretaries would start to implement these policies first at their own doorsteps targeting the 2000 hp speed-cruisers of their drug lords? But freedom of speech shall also apply to the state-secretaries and naval commander, because then ordinary people can at least learn what they have in their minds.

"I think the sending of [naval] ships is reactionary, and I think it is a lot more expensive than looking at trying to fix the root causes, which is the only possibility that this will actually stop", famous Somali rapper K'naan told RFI. "Because sending more ships is not going to stop piracy, it’s going to inflate it, and the conflict will get more tragic". The rapper, who left his home country during the Somali civil war, believes that more needs to be done to solve the problem inland. "If you stabilise the country, then it’s impossible for people to come from the shores, doing what they do at the sea", he says. Piracy has flourished due to a number of problems brought to the Somali coast, he says. "Give the Somali people some credit, listen to the complaints they have about, not just the loss of their fishing industry, but also the dumping of nuclear toxic waste, that we believe is taking place. If the Somali people see that the international community is actually making an effort, to look into those things and stop those things, then I think there is a chance Somalis would be a lot more self-critical". K’Naan is also critical of news media, especially following recent US involvement after the hijacking of the Maersk Alabama. "The major issue that the west is missing is context for what is going on, and it’s very easy to have CNN talk about these lunatic pirates, the menace to society […] hostage taking is illegal and inhumane, we get all of that", he says. K'Naan wants more effort to understand the poverty and conflict faced by millions of Somalis.

Somali Pirates will be TV Stars (how sick can it get?) Barely a day after the daring rescue of an American sea captain [and the execution of three Somali teens, who might have trusted that they are pulled to calmer waters and not in front of sniper-rifles], cable TV's Spike announced a deal Monday to produce a show about U.S. Navy pirate hunters, reports David Bauder an AP television writer. Two crews for 44 Blue Productions hope to be on board Navy vessels patrolling in the pirate-infested waters off the coast of Africa within two weeks. The company is aiming to have a series ready to put on the air by September, said Rasha Drachkovitch, 44 Blue's president and founder. Following the work of Navy personnel on this mission is the sort of action Spike craves, Levy said. The cable channel targets young male viewers aged 18 to 34, potentially making "Pirate Hunters: USN" a strong recruiting tool for the Navy. "Therefore, young aspiring Somali pirate "actors" are advised to seek rather fast their US agents and membership in the actor's guild in order to secure multimillion dollar celebrity contracts or lawyers, who will sue the crap out of -Spike- for taking their picture unauthorized", remarked a regional analyst.

'US muscle won't deter pirates' concludes Reuters and elaborates: The US rescue of an American sailor is unlikely to deter the most committed Somali pirates and could make future hijackings more violent, complicating efforts to tame the lawless seas off the Horn of Africa. Regional experts do not expect Washington to follow Sunday's operation with an assault on pirate redoubts onshore to end their defiance of an international flotilla of naval patrols. Not only would that endanger 260 other hostages, it could also play into the hands of Islamist militants and reduce Washington's clout in the peace-building that remains the only long-term solution to rebuilding the world's most failed state. But any move to militarise the overall US approach to Somalia following the killing of three pirates in Sunday's rescue risks boosting anti-American feelings in a country already deeply suspicious of US motives, experts say. That in turn could complicate the provision of international support to a fledgling transitional government that is trying to strengthen its authority and end 18 years of armed chaos. The US military is alive to the dangers of escalation. Vice Admiral Bill Gortney, head of the US Navy's Bahrain-based Fifth Fleet, said of the rescue: "This could escalate violence in this part of the world, no question about it".

Political tensions

In Mogadishu, Hassan Mohamed, an activist of the Peace and Human Rights Network, said further US armed action against pirates would stir political tensions already inflamed by a two-year Ethiopian occupation that ended only in January. "The best solution is to support the Somali government so it can act against the pirates. If this is done the pirates can be destroyed", he said by telephone from Mogadishu. "It's true that Somalis don't want these piracy problems: The gangsters who used to make problems for people with their checkpoints on land are now making problems for us out at sea. But Americans have not been welcome in Somalia since they supported the Ethiopian invasion. The feeling is that Americans want to destroy us. The feeling is that America doesn't want Somalia to stand on its own two feet". He said the best way for Washington to suppress piracy off Somalia was to help the country achieve stability onshore, where a young interim government headed by a moderate Islamist faces attacks by al Shabaab, an al Qaeda-aligned guerrilla force. Al Shabaab's main foe until the end of January was an Ethiopian occupation force sent into the country with tacit US approval in 2006 to crush supposed al Qaeda activity. Experts say the pirates are well aware they would trigger painful Western retribution if they allied with al Shabaab.

Revenge culture

"The pirates know that if they collude with al Qaeda or al-Shabaab that will be a game changer, and they like the game as played just fine", Somali expert Ken Mankhaus told a web discussion forum hosted by The Washington Post. Even in the short term, an increased Western military effort against the pirates would do little in practical terms to stop a lucrative ransom trade, analysts say. The seas are just too vast to be patrolled effectively and the incentives for the pirates and the powerful local business interests they serve are just too great. A Somali academic in Mogadishu said: "Somalis are not intimidated by American muscle. Revenge culture is prevalent here: These guys will not fade away and say 'I'm going home'. The American problem has always been 'short-term, quick fix, macho man'. It does not resolve the core issue", said the expert, who declined to be identified for security reasons. Washington should do more to help the new government extend its rule and counter fears it is in league with regional giant Ethiopia, Somalia's historic foe, the academic said.

Daring and committed people

"If it does not, then there are many reasons for piracy to continue. Number one, this is a gold rush - death is not a deterrent. And number two, the people involved are not nobodies. There is investment in this by daring and committed people", Commander Chris Davies of the NATO Maritime Component Command, a force combating Somalia piracy, said the Western response would be adapted as circumstances dictated but big changes in policy were unlikely. "Thus far, it's not political. It's not fundamentalists. It's not terrorists. It's moneymaking", he said. "That's the message we've picked up. The pattern has been that hostages have been treated very well. Broadly the worst we've seen is the occasional beating. You could arm the merchant ships but that has legal problems, and who's to say the pirates won't then escalate the situation? They have the money to buy more arms". He said ships should continue to follow industry guidelines intended to reduce vulnerability: "Inform the maritime authorities (of the voyage). Use the internationally-recognised (Gulf of Aden) transit corridor. Use speed. Use manoeuvres. Use water cannon to deter attack. Keep a good lookout".

Somali pirates will keep hostages alive: Canadian commander, reports Jorge Barrera from the Canwest News Service and elaborates: Despite firing on a U.S.-flagged merchant ship and threatening vengeance against American and French citizens, Somali pirates operating in the Gulf of Aden will likely continue to keep hostages alive and preserve merchant ships seized during their brazen high-seas assaults, says the captain of a Canadian warship operating in the region.

Cmdr. Craig Baines, 41, captain of HMCS Winnipeg which has been in the region since April 2, also played down speculation Somali pirates ramped up their attacks in response to assaults launched by U.S. and French forces that left five pirates dead over the past several days.

"This is an economic enterprise for them and while there is a potential revenge angle, if they want to be successful, they are not going to meet their own needs if they start hurting people", Baines said Wednesday.

"One of the things they had going for them was that they didn't hurt people and people were willing to negotiate", Baines said in an interview with Canwest News Service while his ship escorted a vessel in the Gulf of Aden between Somalia and Yemen at about 2:15 p.m. local time Wednesday.

Baines said calm weather and moonlit nights were likely the main factors behind a sudden increase in pirate attacks following the dramatic high-seas rescue Sunday of an American ship captain freed after U.S. Navy Seal snipers cut down the three pirates holding him with three bullets.

"With the moon we have had over the last few nights it has allowed them to operate more freely at night", he said.

Somali pirates fired rockets and bullets at U.S.-flagged Liberty Sun on Tuesday which managed to escape with minor damage after the USS Bainbridge came to its rescue. The attack followed a threat of vengeance from a pirate chief following Sunday's rescue of American captain Richard Phillips. Abdi Garad told Agence France-Presse by phone from the pirate lair of Eyl that American citizens were now marked. Garad said U.S. authorities shot the pirates even though they agreed to free Phillips.

French citizens were also reportedly on the hit list after French commandos killed two pirates during an operation to free a French crew trapped on a yacht. The yacht's captain was also killed, but the cause was still unclear Wednesday.

Reports out of Puntland, a breakaway Somalia state, said 37 pirates detained by the French and U.S. navies and then handed over to Somali authorities, were each sentenced to three-year prison terms.

The same court, in the port city of Bossasso, had jailed another 15 pirates to three years in prison last week.

Somali pirates have hijacked at least 10 ships since the beginning of April and two since Tuesday. One of the ships, the MV Irene E.M. was just out of the reach of HMCS Winnipeg, which was about 160 kilometers away escorting another ship at the time of the distress call. A Sea King helicopter sent by the Canadian frigate to investigate managed to communicate with the pirates who had taken over the ship.

"Irene has already disappeared, already been hijacked", the pirates told the helicopter in clean and clear English, said Baines.

HMCS Winnipeg has managed to disrupt suspected pirate operations twice this month.

Late last week, the frigate sent out its Sea King helicopter after receiving a distress call of an apparent pirate attack. The helicopter located the suspected pirates during the nighttime operation and boarded a skiff along with a larger boat to search for weapons, which were believed to have been thrown overboard before the Canadians arrived when daylight broke.

On April 4, HMCS Winnipeg thwarted another attempted pirate attack when it spotted three pirate skiffs closing in on an Indian merchant vessel. The Sea King helicopter was dispatched and flew between the threatened vessel and the pirates who backed off.

Life has been busy for the Canadian frigate since it began its role on April 2 with the NATO-led counter-piracy mission known as Operation Allied Protector. In addition to escorting runs which can last 10 to 36 hours, HMCS Winnipeg has also been on the lookout for suspected pirates and has been involved in about 50 approaches, but only one boarding.

"The pirates, until they do something, are virtually indistinguishable from fishing operations. They don't wear uniforms, they don't fly flag. It is quite complex to sort out who is here legitimately or who is planning a piracy event", said Baines.

Baines said the pirates usually try to avoid warships and instead use the stealth and speed of skiffs launched from larger, so-called mother ships, to target vulnerable merchant vessels.

Somalia has essentially been without a central governing authority since 1991, and deep-sea piracy has flourished amid the chaos. Pirates have been able to seemingly strike at will and their reach extends deep into international shipping lanes.

Baines said rampant piracy in the waters off Somalia should be a concern for Canadians half a world away because a large segment of the world's economy depends on shipping lanes in the region. HMCS Winnipeg has also escorted ships with supplies for western forces in Afghanistan.

Nearly 20,000 ships pass through the Gulf of Aden each year, heading to and from the Suez Canal. Millions of tonnes of crude oil, petroleum products, gas and dry commodities such as grains, iron ore and coal, as well as containerized goods from Hi-Fis to toys are ferried through the Gulf of Aden and Suez Canal every month.

"I know that there is some talk that this is what they are resorting to because they have no other choice", said Baines. "But it's armed robbery at sea. When they get on the ship they do so violently, they terrorize and sometimes injure the crew. When they carry out their attacks they are quite fierce and quite merciless".

Executive Secretary Eduardo Ermita this morning said the Philippines has already written the United Nations regarding its concern over the rising incidence of piracy and hostage taking in the high seas of Somalia, with over 100 Filipino seamen now in the hands of the pirates. Although there are ongoing negotiations between the manning agencies and the pirates, the Departments of Foreign Affairs (DFA) and Labor and Employment (DOLE) are dealing directly with the manning agencies to find out what government can do to help the hostage Filipino seafarers, Ermita told Malacanang reporters during his weekly briefing at the New Executive Building. As to be expected, the manning agencies are willing to pay for the release of the hostages. "But as far as government is concerned, we have a standing policy of no ransom to the hostage takers and we will continue enforcing that policy", the Executive Secretary said. Ermita said Ambassador Hilario Davide, RP"s Permanent Representative to the United Nations, has written the United Nations and "we are awaiting word from the UN. We cannot yet say if we will be deploying troops to the site to rescue our fellow Filipinos", Ermita said. Whatever actions the United Nations will take we will throw our full support behind them, he assured.

"We asked the DFA to ascertain if there are Filipino seamen and find out how we could help them", he added. "We'll first monitor and look into the plight of the seamen and how we can rescue them", Ermita said, adding that the government can't say yet if there is need to take similar forceful actions taken by France and the US against the hostage takers to rescue their citizens in recent weeks. As to whether government intends to ban Filipino seamen from traversing the Gulf area, Ermita said "the DOLE and DFA are usually unaware of the identities, the vessels and the routes these vessels take "so we cannot impose a ban on their travel to that area. We have been giving them frequent and regular advisories against passing through the Gulf. There are no full proof actions that we can take as the situation is largely in the hands of the manning agencies and the ship owners", he said. Ermita told media the "DFA is monitoring and informing us of the updates. We are saying we are not doing anything about our over 100 Filipino seamen in their custody. We will await the recommendations of the DFA and DOLE on the situation". The Executive Secretary said so far, "there has been a lot of success in the negotiations between the manning agencies and the ship owners on the one hand and the pirates on the other, since the ship owners are willing to pay and this is a fact in Somalia. Government, however, will pursue its policy of no ransom", he stressed.

However ……

A Philippine official on Monday ruled out rescue operations for the 98 Filipino seamen held by Somali pirates following the U.S. military managed to kill three ransom-seeking abductors and free an American sea captain. The senior Foreign Affairs official, who asked not to be named since he is not authorized to speak to the media, said a rescue try is "not necessary at this point as this would endanger the lives of Filipino sailors". The official said a military action would be "very dangerous" and "difficult" since the Filipinos are already under the control and custody of the kidnappers. "You can launch a military action before the hostage taking. But once they are in the custody of the pirates, it would be very dangerous and difficult. We don't want to risk the lives of our sailors", the official said. The Philippines does not have the capacity to launch a military offensive against the pirates, but could seek assistance from the United States, the official said. On Sunday, American sea captain Richard Phillips was freed after a daring rescue attempt by the U.S. Navy SEAL members, which ended a five-day standoff between a team of rogue gunmen and the world's most powerful military. Phillips, 53, was taken hostage Wednesday by pirates who tried to hijack the United States-flagged Maersk Alabama. His rescue was a victory for the U.S. military but some feared that it may irritate the pirates and endanger the lives of other hostages. The hostage-taking spree in Somali waters have dragged on for several months, involving dozens of passing foreign vessels with more than 200 crew members, according to the piracy watchdog International Maritime Bureau. Nearly half of the kidnapped are Filipinos. The Philippine government is in a dilemma how to provide safety to the Filipino seafarers, which represents one-third of the world's shipping manpower. It says barring them from dangerous waters is difficult because of the seamen's rapid mobility.

No real peace in sight

Traditional leaders of Somalia’s largest Hawiye clan on Wednesday accused the extremist group Al Shabab of plotting against them because of the peace efforts they have been engaged in the past, APA reported. Spokesman for the Hawiye clan elders’ council Ahmed Diriye Mohamed told reporters in Mogadishu that Al Shabab commander in Mogadishu Sheik Yusuf Sheik Isse threatened to kill top elders in the council because of their continued peace efforts in and outside the capital. "He called me and informed me that his men will kill me, our chairman Mohamed Hassan Haad and other prominent members of our council", he said.

"He told me that we and the Ugandan and Burundian forces in Mogadishu are the same to Al Shabab and they have to kill us. But we are pledging to continue our peace and reconciliation efforts despite their cowardly death threats".

Mohamed accused Al Shabab of killing many important people including businessmen, civil society activists, government officials, religious men, intellectuals and other prominent people. He said they will one day be brought to justice for their brutal killings. "We are committed to support the Somali government and we will continue to urge people to side with peace makers and the reconciliation efforts by the national unity government, because Somalis are war-weary and want peace now," he added.

Impacting news from the global village

"In recent months Britain, the US, and the European Union have signed memorandums (sic!) of understanding with Nairobi that Kenya will act as a kind of international tribunal for pirate crimes", stated the Governmental broadcaster KBC today, though such is not understood by the international community. An international tribunal, like the one established in Arusha / Tanzania to try war-crimes of the Rwandan genocide, is not embedded or influenced by the national judiciary. Several Somali pirates turned over by the US and Germany are already undergoing legal action there but, so far, Paris prefers to try captured pirates in French courts. Mr. Wallasch, one of the attorneys leading the defense team and the founder of the European Criminal Lawyers Advisory Panel, filed a civil lawsuit against the German government on Tuesday alleging it violated the human rights of Ali Mohamed aw-Dahir, one of the men facing trial in Kenya, reports the Christian Science Monitor. According to the 12-page complaint, the German government agreed to have the accused pirates moved to the Shimo La Tewa prison in Kenya knowing full well the deplorable conditions at the facility, which houses 3,500 inmates in overpopulated cells and where prisoners can contract deadly health infections in as little as six weeks. The German government "consciously and deliberately gave [Mr. Dahir] into danger of death or health risk", the complaint reads.

Seeking A Fair Trial

Attorneys File Suit in Germany on Behalf of Alleged Pirates reports Matthias Gebauer in the German weekly DER SPIEGEL and explains:

In the latest dispute over the European Union's anti-piracy mission off the coast of Somalia, lawyers representing two suspects being detained in Kenya have filed suits against the German government. They want Berlin to foot the bill for the suspects' defense and ensure they are given a fair trial.

Two suspected pirates detained by German naval forces in a mission off the coast of Somalia on March 3, who were later turned over to Kenyan officials for prosecution, are now suing the government in Berlin for a fair trial.

Attorneys for the men filed a suit on Tuesday demanding that the German government pay for the men's defense and provide support to a group of suspected pirates currently being held in the Shimo La Tewa prison in Mombassa.

In two separate cases filed in two Berlin courts, lawyers representing the defendants are arguing that the German government is responsible for ensuring that the men receive a fair trial. After their capture by German armed forces, the two suspected pirates were handed over to Kenya for prosecution. The lawyers are also demanding they be provided with support from the German embassy in Kenya for two of the nine suspects in custody.

The two detainees belong to a group of nine suspected pirates who attempted to hijack the MV Courier cargo ship, which is operated by a Hamburg-based shipping company that flies under the flags of Antigua and Barbuda and has a mostly Filipino crew. As they were intercepted by a German navy frigate on March 3, the men allegedly fired at the ship using Kalashnikovs and a rocket propelled grenade. After a chase, the men were captured and turned over to Kenyan authorities.

The Kenyans were given jurisdiction for prosecuting the men as the result of a hastily negotiated treaty between Kenya and the European Union. The countries involved in the Atalanta anti-piracy mission knew the arrests could lead to very complicated legal procedures in Europe because of murky jurisdiction in cases that occur in international waters, so they convinced the Kenyans to take responsibility for suspects. In exchange, the EU agreed to give the Kenyans speed boats, helicopters and two modern fire trucks.

But it's precisely that agreement that prompted this week's lawsuit. The EU-Kenya deal stipulates that Nairobi guarantee the proceedings against the suspects "observe the right to a fair trial". Concretely, the deal also stipulates that suspects have the right to an attorney. If they can't afford this on their own, they are to be provided with a lawyer "free of charge". The problem though, the suspect pirates' attorneys argue, is that this isn't automatically guaranteed by the Kenyan legal system. Germany, they claim, must step in and make sure that this happens. The lawyers claim that during a recent visit to Kenya, they were provided with only minimal support by the German embassy and that Kenyan authorities refused to provide them with access to their clients or court documents pertaining to the case.

Attorney Schulz said the prisoners were the German government's responsibility, even if Kenya has taken custody of them. "An unfair trial in Kenya would spoil promises made by the German government that rule of law would be adhered to", he said.

The German Foreign Ministry has declined to comment on the suits. However, a diplomatic source within the ministry said there was concern about the case. "By creating a distraction with their show to try to get famous", the diplomat said, "these lawyers are endangering an orderly trial". The source also indicated the suspects would be represented by a Kenya-based defense lawyer. The source said there wasn't much more that Germany could do and that the cases in the Berlin courts had little chance of succeeding. The first major trial of pirates captured by Europeans could create significant problems for the German Foreign Ministry. Kenyan justice officials are already criticizing the fact that German naval officials sank all of the suspected pirates weapons after capturing them, meaning that key evidence is now missing. It's also unclear whether all of the men were pirates. Several are claiming they were only on board the pirate vessel so that they could hitch a ride to Yemen. Politically, the trial will also be closely observed. "It's going to be a litmus test for the entire anti-piracy operation", said lawyer Schulz. Jürgen Trittin, Germany's former environment minister and a senior politician with the Green Party, has said he will travel to Mombassa to attend the trial and report back to the German parliament about it. The politician has said that if Kenya is unable to provide a clean trial that adheres to rule of law, that it would endanger the deal with the country. The commotion over the case, one diplomat with the German Foreign Ministry said, could considerably dampen Kenya's willingness to detain and prosecute pirate suspects.

US commander in Gulf submarine crash loses command, reports Adam Schreck for AP - The skipper of an American nuclear submarine that collided with another U.S. Navy vessel at the mouth of the Persian Gulf last month has been relieved of command, the Navy announced Tuesday. The statement said there was enough information to remove Cmdr. Ryan Brookhart from his post at the helm of the USS Hartford even though an investigation into the incident had not yet been completed. Brookhart has been temporarily assigned to a staff job in Bahrain, home to the U.S. 5th Fleet. The submarine skipper's commanding officer, Rear Adm. Michael J. Connor, "expressed his loss of confidence in Brookhart's ability to command", according to the Navy statement. No further details were provided. Navy officials did not make Brookhart or Connor available for comment. Cmdr. Chris Harkins, deputy commander of Submarine Squadron Eight, has taken over the command of the Hartford. The accident occurred in the pre-dawn hours of March 20 while both ships were on regularly scheduled deployments to conduct security operations. Officials said at the time that the vessels were heading to port in the same direction when they collided in the Strait of Hormuz. The submarine was submerged at the time. The Hartford is based in Groton, Conn. and the New Orleans is based in San Diego, Calif. Like all U.S. submarines, the Hartford is nuclear powered. The New Orleans is an amphibious transport dock ship. The two vessels are now undergoing evaluation and repairs in Bahrain. The Strait of Hormuz, which links the oil-rich Persian Gulf to the Indian Ocean, is a strategically vital waterway, with some 40 percent of the world's oil tanker traffic passing through the narrow chokepoint.

Accidents in the region have led to ship commanders losing their posts in the past. In July 2004, the aircraft carrier USS John F. Kennedy collided with a dhow in the Gulf, leaving no survivors on the traditional Arab sailing boat. The Navy relieved the Kennedy's commander. In February 2001, a U.S. Navy submarine rammed into a Japanese fishing vessel in waters off Hawaii, killing nine people. The Navy's court of inquiry decided against a court martial for the commander, although the investigation found him largely responsible. Fleets of U.S. and allied navy vessels patrol the Persian Gulf, Arabian Sea and western Indian Ocean, attempting to block smuggling of weapons to Iraq and Somalia, nuclear components to Iran, as well as the movement of drug shipments and terrorists.

Press Contacts:

ECOP-marine
East-Africa
+254-714-747090
marine@ecop.info

ECOTERRA Intl.
Nairobi Node
+254-733-633-733

EA Seafarers Assistance Programme
SAP Media Officers
+254-722-613858
+254-733-385868

End of Ecoterra press release

Note
Picture: Somali Unity is the only way out of the nightmare; this imposes the dissolution of the fake state ‘Ethiopia’ which is a colonial times’ fossil with Communist legislation still valid in 2009, as no land ownership is allowed there, because this would trigger the final demise of the fake state, the secession of the therein entrapped and tyrannized peoples, and the formation of many new, independent, democratic and free African states.
From:
http://map.primorye.ru/raster/maps/africa/horn_of_africa_rel_1972.jpg
   By Prof. Dr. Muhammad Shamsaddin Megalommatis
Published: 4/16/2009
 
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