Indians seize MV Seaman Guard Ohio

[Madhu]

The men had been booked under two sections of the Indian Arms Act that prohibits possession of weapons without permission. A case under Passport Act and Essential Commodities Act was also registered for procuring fuel in Indian waters in an unauthorized manner.

So, why was a certificate issued? What changed? Was the ship outside Indian waters and did it follow the Coast Guard at its request? If that is the case, how does the Indian Arms Act strictly follow? Did the ship make a mistake in following the Coast Guard or did someone override the initial inspection? Why?

[Madhu]

(CNN) -- Italy has moved to defuse a diplomatic dispute with India by agreeing to send back two Italian marines accused of killing two Indian fishermen last year.
The two Italian marines are due to face trial in India over the allegations, but after the Indian Supreme Court allowed them to return to Italy last month to vote in national elections, Rome refused to send them back.

That decision angered Indian government officials and Supreme Court justices, who noted that the Italian ambassador had given assurances to the court that the marines, Massimiliano Latorre and Salvatore Girone, would come back to India after the elections.

The court responded last week by temporarily banning the ambassador, Daniele Mancini, from leaving India, a move that Italy said violated the Vienna Convention on Diplomatic Relations.

The two sides appeared locked in an impasse, with Indian Prime Minister Manmohan Singh saying Italy's actions were "not acceptable" and warning of "consequences" for the two countries' relations.

http://www.cnn.com/2013/03/22/world/...italy-marines/



Is there something political going on with the detention? Election related?

So, why did the inspection results change?

[Madhu]

New Delhi: Tearing into the UPA government after the Italian government refused to send back two Italian marines guilty of killing two fishermen off the Kerala coast back to India, the Bhartiya Janata Party (BJP) on Tuesday said that the government must ensure that marines return to face trial in India.

“It’s a betrayal, a bluff by the Italian government. It is a bluff against the Supreme Court of India,” BJP spokesperson Rajiv Pratap Rudy said.

http://zeenews.india.com/news/nation...jp_834743.html

Any SAJA journalists covering this?

http://www.saja.org/about

[Madhu]

Again, on the AdvanFort site:

That tale—as told by others—appears to be critical to understanding the current situation involving the
MV OHIO.

The vessel, whose crew included eight Indians, was intercepted and detained by the Indian Coast Guard
east of Tuticorin on Saturday following an anonymous accusation that the OHIO illegally carried arms and ammunition, as well as had purchased 1,500 litres of diesel “illegally” with the help of a local shipping agent.

From Oct. 19th press release. It's a bit strange, talking now about the "nebulous" nature of things:

Unfortunately for private maritime security companies (PMSCs), as The Hindu just pointed out, the incident involving the MV OHIO “has exposed a ‘nebulous area’ in the legality of the rapidly growing
practice.”

http://www.advanfort.com/MV%20OHIO%2...ed%20twice.pdf

What really happened? Is this a case where multiple points of view have validity because we are dealing with(sorry for this) uncharted legal and international norms waters?

Lawyers lurking and reading? Help out.

[Madhu]

MT Desh Shanti, belonging to the Shipping Corporation of India (SCI), was detained by Iran at Bandar Abbas Port on August 12 for alleged pollution. It was released on September 6.

The vessel, which can carry 1,40,000 tonnes of crude, was detained by the Iranian Revolutionary Guards Corps in the Persian Gulf while carrying oil from Basrah in Iraq to Visakhapatnam.

It was released after SCI, India's largest shipping company, submitted a letter of undertaking to the Iranian Ports and Maritime Organisation.

http://www.ndtv.com/article/india/ir...ct-ties-418780

How often are ships being detained these days? Is this increasing?

[Madhu]

No US nationals? The report doesn't mention any of the things I posted. It didn't present the statements of the shipping company.

It says that the ship entered the waters illegally. What defines the waters? The NDTV report is different from the 12 miles mentioned above. Was the ship asked to follow the Coast Guard into Indian waters or are the Indians policing waters further out? Again, help from someone that knows about this stuff!

Why didn't the reporters ask for a statement from the company in the report? It presented only one side. Or did I miss it?

http://www.ndtv.com/video/player/new...tionals/294740

[Ray]

It is rather intriguing that the Sierra Leone registered ship should take contraband diesel, when it could have taken it legally from a Port.

There appears to be more than what meets the eye.