HEBEI SPIRIT – criminalisation and jailing of ships’ officers

The shipping industry is extremely dismayed and deeply disappointed with the decision of the Korean (Daejon District) Court of Appeal in the case of the “Hebei Spirit”to convict and immediately imprison the two Indian officers – Captain Jasprit Chawla and Chief Officer Syam Chetan.

Following the spill of oil in December 2007which resulted when the runaway Samsung crane barge struck the legitimately anchored tanker “Hebei Spirit”, the industry has expressed its sympathy to the many people in Korea who were so badly affected, with livelihoods threatened and other hardships inflicted.

We remind all, however, that the Court of First Instance in June this year acquitted the officers of all charges of criminal negligence.Notwithstanding that acquittal they were denied exit visas and consequently have now been detained in Korea for more than a year

The Appellate Court’s decision to now convict them, issued on 10 December, was apparently heavily influenced by the report of the Korean Maritime Safety Tribunal (KMST) which, we suggest, introduced technically flawed evidence.It has also been alleged that it was also swayed by powerful local commercial interests.

The KMST report failed to follow the internationally recognised IMO Guidelines and Code for the Investigation of Marine Casualties and denied the traditional input, co-operation and comment by interested parties – namely the flag state, the owners and managers. Consequently it presents a one-sided and incompletepicture.

It should also be noted that the same IMO Code is clear in that Casualty Investigation reports should not be introduced into judicial proceedings, neither should they apportion blame.

The KMST report, in the opinion of the international and other experts who have had the opportunity to study it, contains many factual inaccuracies anddemonstrates a massive misunderstanding or possibly even a deliberate misrepresentation of internationally accepted and conventional safety practices and procedures on tankers.

This report appears therefore to be not only biased but also fundamentally flawed.Its introduction as evidence provides the genesisfor the drawing of unjust conclusions.

Regrettably the consequences of this judgement and the unjustified criminalisation of these two unfortunate officers will damage the reputation of the Republic of Korea as a nation and by association its maritime authorities and industries.

We now urge those with authority in Korea to immediately release and repatriate these courageousofficers. We hope that, by so doing, owners and seafarers will once again be able to rely on the highest standards of fair treatment and justice when trading to Korea.

This totally unjustified criminalisation of two innocent officers, apparently to assuage local interests, is an infringement of basic human rights. We therefore ask all of the international maritime community to join with us in a protest and to speak out publicly against this travesty of justice.

Peter M Swift

Managing Director, INTERTANKO

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