Hebei Spirit - Criminalisation of seafarers

I'm a seafarer.

A Marine Engineering Officer.

I know EXACTLY how stringent rules and regulations are for us especially when it concerns marine pollution, and the most feared of them all "An Oil Spill".

The laws are so stringent that it is taken for seafarers to be 'guilty till proven innocent'. And so we are EXTREMELY EXTREMELY careful with regards to ANY form of oil related transfer.

But what happened in Korea recently defies all semblance of logic.

The following information has been taken from a blog created for the benefit of everyone who wishes to know more about the incident and what has been happening. The link to the blog has also been given in the name.

HEBEI SPIRIT FACT SHEET

Summary

1. The MT Hebei Spirit oil spill in South Korea in December last year was a major incident that had ongoing environmental and economic effects. It was the country’s worst ever such release. The spill was about one-third of the size of the Exxon Valdez release and occurred when a barge struck the Hebei Spirit, which was safely anchored. Despite having been found innocent of any negligence, the Hebei Spirit’s Captain Jasprit Chawla and its Chief Officer Syan Chetan remain in Korea awaiting the results of an appeal, during which they will again faced charges. The appeal decision will be handed down on 10th December.

2. The ITF is very concerned by this example of the criminalisation of seafarers in an incident for which they bear no responsibility. Together with world shipping industry bodies, it has constantly pressed for the men to be allowed to return home pending the new trial, but to no avail.

The Incident
3. At about 7:30 local time on December 7, 2007, a tug-towed crane barge owned by Samsung Heavy Industries collided with the anchored Hong Kong registered Very Large Crude Carrier (VLCC) Hebei Spirit, which was carrying 260,000 tonnes (290,000 short tons) of crude oil. The incident occurred near the Port of Daesanan on the Yellow Sea coast of Taean County. The barge was floating free after the cable linking it to the tug had snapped in the rough seas. Although no casualties were reported, the collision punctured three of the five tanks aboard the Hebei Spirit and resulted in the leaking of some 10,800 tonnes of oil. Considerable public outrage and concern followed. Korean fishing communities and fishers’ livelihoods were seriously affected.

4. On December 20, the Korean Coast Guard completed an initial investigation. According to their conclusions, blame was shared between the tug captains, the barge captain, and the officers of the Hebei Spirit. The tug captains and the barge captain were charged with negligence and violating the marine pollution prevention law. The officers of the Hebei Spirit were charged with violating marine law. On June 24, the trial concluded. The Hebei Spirit officers were exonerated, as were the personnel on the barge. The two tug captains were found guilty. Barge owners Samsung Heavy Industries were also fined.

Continued Detention of Officers
5. Despite their exoneration, the Hebei Spirit's Captain and Chief Officer continue to be detained in Korea. They are currently awaiting decision of the appeal court because the Korean prosecution appealed the case. The Appeal Judge will give the decision 10th December, after which it could go to the Korean Supreme Court. Korea's detention of the crew has generated worldwide controversy and protests. The crew’s release has been demanded by the International Transport Workers Federation (ITF) and the shipping fraternity nationally and internationally.

6. We are troubled by accusations that Korean maritime officials, prosecutors and Samsung lawyers have colluded in the retrial of the two senior officers. Roberto Giorgi, President of management firm V Ships, visited South Korea to meet with the detained Hebei Spirit crew. He told the press that he is concerned at recent developments "which point to collusion" between the Korean authorities, prosecutors and Samsung Heavy Industries, operators of the drifting barge that collided with the oil tanker, and that efforts of Samsung and prosecutors "look to be designed to ensure that the master and chief officer are found guilty on appeal," Giorgi said. "I am worried that the captain and chief officer may not get a fair trial this time around."

Statements and protests
7. “There are a number of cases where seafarers have been criminalised and their basic rights denied. In our experience, detention or inability to leave the country where the investigation is taking place – has the sole effect of creating unnecessary psychological and physical discomfort which ultimately can damage the detained seafarers’ health.”

8. The Indian shipping fraternity comprising of National Union of Seafarers of India (NUSI), Maritime Union of India (MUI), Foreign Owners Representative and Shipmanagers Association (FOSMA), Maritime Association of Shipowners, Shipmanagers and Agents (MASSA) and Indian National Shipowners Association (INSA) have conveyed to the government and authorities of the Republic of Korea their surprise, disappointment and great concern at the news that Korea’s courts intended to continue to detain the ship’s officers, calling this move “unjustified, unreasonable and in contravention of the men’s rights” and reminding the authorities that the trial had determined that another vessel was wholly responsible for the incident.

9. The ITF Seafarers’ Section Conference meeting in Hong Kong on 18-19 November 2008 resolved to make “every effort to secure the immediate release of the Captain and Chief Officer of the Hebei Spirit and an end to the injustice they have been subjected to.”

Well that was all the news going around till the 10th of Dec 2008. This was the news that came out that day.
On 10 Dec 2008, almost after a year being in Korea for the proceedings, both were proven guilty, declared CRIMINALS and given imprisonment for 18 months & 8 months respectively along with monetary fines. They were HANDCUFFED and taken away. What is also a grave matter of concern is the Criminalisation of seafarers round the world after an accident, as if the seafarer has done a deliberate heinous crime. Same was the case with Capt. Jasprit Chawla & C/O Syan Chetan, who have done all they could to limit the level of pollution. This can be proved as Capt. Jasprit has been awarded and honoured by the Lloyd's List and Nautical Institute for his actions after the accident. The court's verdict was otherwise. The court felt they could have done more better.


I believe this is the first time I'm seeing a party, proven guilty by the lower court, joining the prosecution in a higher court against a party proven innocent by the lower court.
The question being raised now is whether justice will be served. The continued detainment of these 2 seafarers even after being pronounced innocent by the lower court goes against human rights.
Calls are being made now for seafarers to abstain from ships going to Korea and for companies to follow suit. In fact a couple suggestions have come out to boycott all SAMSUNG products.

Will that help in getting our seafarers back?

Do what it takes. We need to get our Hebei Two (as they are now referred to as) back.