Seaman Guard Ohio Crew Sentenced to Five Years

An Indian court has sentenced members of US security company AdvanFort to five years of prison for carrying weapons aboard an anti-piracy ship in 2013.

The 35 sailors, including British, Estonian and Ukrainian nationals, of Seaman Guard Ohio were intercepted by Indian Coast Guard off the coast of Tuticorin in Tamil Nadu in October 2013. The group was arrested and charged for failing to present proper documentation necessary to carry weapons in Indian waters.

As of then, the majority of the crew were released on bail, aside from the ship’s captain and another officer, but had to remain in Chennai.

The judgement comes on the heels of a decision of the Indian Madras High Court that quashed the charges.

AdvanFort claims that the ship was arrested while it was outside the Indian territorial sea and that the ship only aimed to refuel after the strong cyclone Phailin caused the vessel to be nearly out of fuel, also proving that all the firearms on board were legally purchased and properly documented.

The crew’s lawyers are said to be planning to appeal to the verdict.

According to Human Rights at Sea organization, the judgment appears to be a travesty of justice for the ordinary crew-members “who we understand were not aware of instructions being passed down from the employer, and who were otherwise simply doing their job.”

“It will now be for the instructed legal defence team to take a position, but we would expect an immediate appeal against these excessive concurrent sentences to the higher court,” the organization said.

Human Rights at Sea said it will be co-ordinating with other NGOs, civil society and UK Government departments to assure that support is provided to the families involved, as necessary.

“This case sends a stark warning in particular to the private maritime security industry and those who operate floating armouries in international waters, that the laws of foreign states must be known, briefed to the crew and respected as part of a voyage risk analysis and duty of care to all crewmembers,” the statement reads.

World Maritime News Staff