EU & Kenya co-operate to prosecute pirates

As part of its mission Op Atalanta, the European Union Naval Force (EUNAVFOR) is charged with helping to deter, prevent and repress acts of piracy and armed robbery off the coast of Somalia. EUNAVFOR has to date transferred 9 groups of suspected pirates totalling 75 individuals to the Kenyan authorities for prosecution.

Handover of suspected pirates to the Kenyan authorities takes place in Mombasa.  The suspected pirates will arrive, either by sea or air, in Mombasa where Kenyan police and state prosecutors will be presented the proposed case for prosecution.  Having reviewed the evidence and, assuming that the Kenyan prosecutors consider the case is suitable for prosecution, the suspected persons will then be arrested by the local authorities.

Kenyan law requires that the accused persons appear before a magistrate within 24 hours of arrest by the Kenyan police.  Trials typically commence eight to ten weeks later.

Prosecutions are conducted by Kenyan Prosecutors under Kenyan Law before a single magistrate. EUNAVFOR officers work closely with Kenyan prosecutors, ensuring the attendance of witnesses, both military and civilian, from many different nations and assisting in evidence gathering and preparation of the prosecution case.

The maximum sentence upon conviction for piracy offences in Kenya is life imprisonment; under Kenyan Law – and indeed as a precondition for suspected pirates being transferred by EUNAVFOR – capital punishment is not available.

Cases are conducted in English, however, a Somali language interpreter is present at all proceedings.  Given the international nature of piracy offences, other interpreters may also be present to allow witnesses to give evidence.

In all cases the accused persons have had the benefit of professional legal representation.  Although the Kenyan legal system does not provide for legal aid in piracy cases, the United Nations Office on Drugs and Crime (UNODC) has funded defence representation through independent legal advice organisations such as the East Africa Peace Institute Trust and Kituo Cha Sharia.

While the accused person’s trial is ongoing, they will be held at Shimo la Tewa Prison, 20 km North of Mombasa. Facilities at Shimo La Tewa have improved significantly as part of the European Commission and UNODC’s joint programme to enhance criminal justice capacity in Kenya and other nations in the region. Improvements at Shimo la Tewa include improvements in sanitation and water supply, the development of a welfare service to provide prisoners with basic necessities, the provision of educational and sports equipment, improvements in medical care and the reconstruction of the prison kitchen.  The programme has also seen substantial investment in both training and facilities at other Kenyan prisons, as well as for the Kenyan Police, Prosecutors and Court System, including the rebuilding of the court house at Shimo La Tewa.

Judgment in the first EUNAVFOR case is due to be delivered on 27 August 2010, with a number of other judgments expected in the weeks thereafter.

M/V Ariella

Early on the morning of 5 Feb 2010, the M/V ARIELLA came under attack from Somali pirates who were able to get onboard and attempted to take control of the ship.

The ARIELLA was sailing in a “Group Transit” within the International Recognised Transit Corridor (IRTC) under the protection of Coalition navies. An alert went out, picked up from an Indian Warship TABAR who sent out a general message on the Mercury communication system. An EU NAVFOR French Maritime Patrol Aircraft (MPA) was quickly on the scene and confirmed a sighting of armed pirates on the deck of the ARIELLA. The MPA made contact with Battle Watch Officers from the NATO Danish Warship ABSALON from CTF 508.

The NATO ship ensured that the crew onboard were safe before the decision was made to send in the specialist teams.  At the same time as NATO ship ABSALON boarded ARIELLA, sailors from the Russian Navy ship Neustrashimyy who was operating nearby, successfully boarded and detained a second pirate skiff. The ongoing co-operation between the maritime partners, the EU Naval Force (EUNAVFOR) and NATO Combined Maritime Force 151 (CMF 151), together with maritime nations, such as the Russian and Indian navies led to the successful release of M/V ARIELLA.

M/V ARIELLA is an Antigua and Barbuda Flagged vessel owned by Splosna Plovba, International Shipping and Chartering Ltd, Slovenia. She has a crew of 25 and the nationalities are 1 Bulgarian, 15 Filipino, 1 Slovakian, 1 Indian and 7 Ukrainian and they are all safe. The ship was registered with MSC HOA, was in contact with UKMTO and was part of a Group Transit when she was attacked.

EU NAVFOR strongly recommends that all vessels that transit through the high risk areas, namely Gulf of Aden, Somali Basin and Indian Ocean implement their ships security plan that follows all guidance and advice that is set out and contained in Best Management Practices (BMP). Reference should be made to MSC HOA website www.mschoa.org.

EUNAVFOR SOMALIA Operation ATALANTA main tasks are to escort merchant vessels carrying humanitarian aid of the ‘World Food Program’ (WFP), to protect vulnerable ships in the Gulf of Aden and Indian Ocean and to deter and disrupt piracy.

Commodore Pieter Bindt and Captain Seung-Woo Kim

On Wednesday 2 December the Force Commander of the European Union Naval Force Somalia (EU NAVFOR), Commodore Pieter Bindt, met with his South Korean counterpart, Commander of the Republic of Korea Naval Escort Task Group, Captain Seung-Woo Kim on board the EU NAVFOR flagship Netherlands HNLMS Evertsen in the port of Salalah, Oman.

The meeting was held to discuss developments in counter piracy operations and further cooperation between the counter piracy forces in deterring, disrupting and suppressing piracy off Somalia.

Like the EU the Republic of Korea recently extended their counter piracy mission with one year. The Republic of Korea provides escorts for convoys in the Internationally Recommended Transit Corridor (IRTC), the busy shipping lane in the Gulf of Aden between the Red Sea and the Indian Ocean. The convoys are in principle for national flagged, owned or crewed ships but other ships can attach.

Captain Kim said that South Korea studies the merits of having details of its convoys published on the MSCHOA website. When not conducting national convoys, the South Korean flagship Dea Joyeong frequently operates under CTF151 flag (the counter piracy task force of the Combined Maritime Forces) and then participates in the defense of the IRTC.

Commodore Bindt briefed Captain Kim on the Shared Awareness and De-confliction (SHADE) meeting in Bahrein which he briefed on the coordination mechanisms at sea now and suggestions for further developments.  In the SHADE, navies, military organizations and industry share information and de-conflict counter piracy efforts off the coast of Somalia.

Established in December 2008, EU NAVFOR is an European Union Task Force established to protect vessels of the ‘World Food Program (WFP)’ delivering food aid to displaced persons in Somalia, to protect vulnerable shipping through the Gulf of Aden and off the Somali coast and to prevent, deter and repress acts of piracy and armed robbery off the Somali coast, including arrest.

On indication of the attack Luxembourg EU NAVFOR Maritime Patrol Aircraft, operating from the Seychelles, was tasked to confirm the situation of the vessel and search for the pirate attack group. The Seychelles Coast Guard was informed by EU NAVFOR and immediately sent the Coast Guard vessel Andromache to the attack position. German EU NAVFOR warship FGS Bremen, at the moment of the attack loading gasoline in the port of Victoria, was tasked to search and neutralize the pirate attack group as soon as the loading was completed. Portuguese warship NRP Alvares Cabral of NATO, also in the area on counter piracy patrol, responded to participate in the search for the Pirate Attack Group.

In the afternoon the maritime patrol aircraft detected in the vicinity of the earlier attack a complete pirate attack group with one mother skiff and two attack skiffs. All units were directed to this position to intercept. The Seychelles Coastguard closest to the position boarded and secured the mother skiff and one attack skiff. A total of 4 suspected pirates were detained. The third skiff initially escaped the arrest but NRP Alvares Cabral successfully intercepted this skiff several hours later. The six suspected pirates on board were handed over to the Seychelles Coast Guard.

FGS Bremen and the Maritime Patrol Aircraft take part in the EUNAVFOR mission Operation ATALANTA. The main tasks of Operation ATALANTA are to escort merchant vessels carrying food of the ‘World Food Program’ (WFP), the protection of vulnerable ships in the Gulf of Aden and Indian Ocean and to deter and disrupt piracy.

The commanders discussed the developments in pirate behavior

On Sunday November 22nd the Force Commander of the European Union Naval Force Somalia (EU NAVFOR), Commodore Pieter Bindt, met with his Chinese counterpart, Commander of Task Force 529 (CTF 529), Rear Admiral Wang Zhiguo on board the EU NAVFOR Netherlands flagship HNLMS Evertsen in the Golf of Aden.

The meeting was held to discuss developments in counter piracy operations and further cooperation between EU NAVFOR and China in deterring, disrupting and suppressing piracy off Somalia.

The commanders discussed the developments in pirate behavior and how the attacks are moving deeper into the Indian Ocean. China wishes to increase the co-operation with the other Task Forces in the area, including a rotational role in the coordination of counter piracy operations.

Discussions also centred on the Shared Awareness and Deconfliction (SHADE) meeting, where navies and organizations share information and deconflict counter piracy efforts off the coast of Somalia. This meeting is currently co-chaired by Combined Maritime Force (CMF) and the EU. At a recent meeting between EU NAVFOR delegates and members of the Chinese PLA in Beijing, it was agreed that China would also be considered as a co Chairman of the SHADE. A final decision will be taken at a future SHADE meeting.

Commodore Bindt explained the current coordination of the counter piracy efforts between EU NAVFOR, CMF and NATO to increase the effectiveness and efficiency of their combined counter piracy forces.

Established in December 2008, EU NAVFOR is an European Union Task Force established to protect vessels of the ‘World Food Program (WFP)’ delivering food aid to displaced persons in Somalia, to protect vulnerable shipping through the Gulf of Aden and off the Somali coast and to prevent, deter and repress acts of piracy and armed robbery off the Somali coast, including arrest.

Picture Gallery

Currently EU, NATO and CMF all lead specialised anti piracy task forces, covering the security and protection of shipping in the Internationally Recognised Transit Corridor (IRTC), while the Chinese, Russian, Indian and Japanese task forces operate independently in convoys. The coordination of these forces is done through the SHADE and this meeting takes place in Bahrain every month. EU NAVFOR and CMF, who established this coordination, co-chair the meeting.

At the meeting in Beijing, the Chinese officials were keen to continue the close cooperation between PLA ships and other coalition forces. They also proposed to take a more active role in the SHADE, requesting that the co-Chairman positions should be rotated, making clear that, on occasions, they would also be willing to co-chair. The EU delegation, expressed their support for this proposal which will be presented to the next SHADE in December.

The meeting was held to discuss developments in counter piracy operations and further cooperation between EU NAVFOR and the Chinese counter piracy forces in deterring, disrupting and suppressing piracy off Somalia. The commanders also discussed the present situation of hijacked ships and patrols in the Gulf of Aden and the Somali Basin.

CTF 529 provides anti-piracy escorts for convoys in the Internationally Recommended Transit Corridor, the busy shipping lane in the Gulf of Aden between the Red Sea and the Indian Ocean. The convoys are basically for ships with a Chinese crew, Chinese flagged or owned ships and ships with humanitarian aid, but other vessels can attach when they register their transit with the Chinese authorities. Recently CTF529 offered support in the investigation of a suspect skiff in the Indian Ocean. EU NAVFOR and the Chinese counter piracy forces exchange information on the EU introduced common counter piracy communication system MERCURY.

Established in December 2008, EU NAVFOR is an European Union Task Force established to protect vessels of the ‘World Food Program (WFP)’ delivering food aid to displaced persons in Somalia, to protect vulnerable shipping through the Gulf of Aden and off the Somali coast and to prevent, deter and repress acts of piracy and armed robbery off the Somali coast, including arrest.

Early in the morning, MV Theoforus I, a Panama flagged Bulk Carrier was attacked by pirates using automatic weapons and a Rocket Propelled Grenade. The ship took evasive action until the arrival of a NATO Turkish naval vessel TCG Gediz arrived on the scene. The warship neutralized a suspected skiff in the vicinity of the attack position and weapons and pirate paraphernalia were seized.

A few hours later MV BBC Thames, a Liberian flagged General Cargo Ship, reported being under attack. EU NAVFOR German warship FGS Bremen was immediately tasked to support the Cargo ship and the Bremen’s helicopter was launched. The attackers fled but Bremen found a skiff in the vicinity and on sighting the helicopter the skiff stopped. FGS Bremen conducted a boarding where weapons, ammunition and RPG grenades were found and seized.

FGS Bremen takes part in the EUNAVFOR mission Operation ATALANTA. The main tasks of Operation ATALANTA are to escort merchant vessels carrying food of the ‘World Food Program’ (WFP), the protection of vulnerable ships in the Gulf of Aden and Indian Ocean and to deter and disrupt piracy.

The EU NAVFOR Norwegian warship HNOMS Fridtjof Nansen in close cooperation with CTF 151

An EU NAVFOR ship and helicopter, in cooperation with a South Korean navy helicopter  from CTF 151 responded to an emergency call from MV SOUTHERN CROSS. The attack was successfully thwarted by the SOUTHERN CROSS herself. The EU NAVFOR Norwegian warship HNOMS FRIDTJOF NANSEN subsequently boarded a suspect skiff in the vicinity.

In the late morning of 26 August the EU NAVFOR Norwegian warship HNOMS FRIDTJOF NANSEN received an emergency call form the Italian M/V SOUTHERN CROSS that she was under attack from pirates. The SOUTHERN CROSS was transiting the Gulf of Aden, some 80 nautical miles south of Al Mukkala.

HNOMS FRIDTJOF NANSEN and the helicopter of the South Korean warship DAEJOYOUNG from CTF 151 responded directly to the situation. While the FRIDTJOF NANSEN and the helicopter were approaching, the skiff with five people on board broke off the attack after having fired several shots to the pilot house of SOUTHERN CROSS and escaped to the south.

The EU NAVFOR German warship FGS BREMEN also launched her helicopter to join the search for the pirate skiff. In the afternoon FGS Bremen’s helicopter detected a suspicious skiff. HNOMS FRIDTJOF NANSEN launched her fast rhibs with her boarding team and conducted a boarding. Weapons were seen thrown overboard. The skiff was released at dusk.

Swedish Officer and Djiboutian Officer

To increase the knowledge about the European Union Naval Force and the aims of operation Atalanta, a liaison officer from the Djiboutian Navy was invited to participate in a patrol onboard the EU NAVFOR Swedish warship HMS TROSSOE .

Lt Mahad Douhour Maidaneh has been in the Djiboutian Navy for seven years and he is now CO of a Djibouti Navy vessel tasked with the mission to protect the coast and civilian ships from piracy.

“The protection that the European Union offers to the World Food Programme is extremely important to the Somali people. The merchant trade is also very important for Djibouti. We are a small country and we will work together with other countries to make The Gulf of Aden a safer place” says, Lt Douhour Maidaneh.

Lt Douhour Maidaneh will inform his colleagues in the Djiboutian Navy about the impressions gained during the week onboard a EU NAVFOR warship.