Seaman Guard Ohio. Photo: AdvanFort.
Thirty-three of the 35 crew and guards who served aboard AdvanFort’s Seaman Guard Ohio were released on bail by the Chennai High Court on 26 March.
They have been imprisoned in India since 12 October, when the armed-guard accommodation vessel was accused of illegally entering Indian territorial waters with arms and illegally refuelling at sea. In total, 25 guards and 10 seafarers of UK, Indian, Estonian and Ukrainian nationalities were arrested, as was diesel supplier R Munithevan of Manali. Bail was set at Rs200, 000 ($3, 328) each and those released on bail must sign in to the Mylapore police station twice a day.
Justice R S Ramanathan denied bail to the captain, Dudinik Valentyn, and security guard manager Paul Towers. The Times of India reported that the judge said it was difficult to find fault with the other crew members for the ship’s entry into Indian waters. According to AdvanFort, the master said the ship was in international waters.
Stephen Askins, a partner at maritime law firm Ince & Co, which was handling the case until a few days ago, told IHS Maritime: “Having weapons on board with no ulterior motive does not violate the principles under international law of innocent passage.” According to Askins, the Seaman Guard Ohio “was providing legitimate anti-piracy services to third-party commercial shipping.
This case demonstrates again the difficulty in finding the balance between the providers of armed guards at sea and the local littoral governments who need to protect their sea borders.
There is still no universal system governing this area despite guidance given by the IMO.” The Mission to Seafarers, which has been campaigning for the men’s release, said in a statement: “We are still very concerned for the welfare of the captain and the security guard manager of the Seaman Guard Ohio. We will be doing all we can to ensure that the remaining seafarers in prison and their families are supported.”
(source: IHS Maritime 360)
