Handovers of Somali pirates to justice stopped, or almost!
Hackers can be pretty quiet. In the event of arrest by the military forces deployed in the Indian Ocean, there is little chance that they will end their day in prison.
It has been, in fact, more than three months that no more pirates have been brought to justice by international forces. The only possible translations were either when the local forces arrested suspects - this was the case in Yemen in mid-October, after the apprehension of a suspicious boat by the coastguards - or when the Europeans have agreed to bring the arrested pirates to justice in their country (Belgium and the Netherlands last). Thus the last handover to the judicial authorities dates from the end of September with the release of MT Sherry by Galicia for the forces of Eunavfor. While listed in the US (CTF 151), it dates from early September, with the release of the MV Magellan Star by the ships USS Dubuque and USS Princeton. It should be noted that NATO, like the other maritime forces deployed on a national basis, does not have an agreement to bring pirates to justice.
The States of the region not very warm for the reception
The reason ? Admittedly, the pirates have greatly extended their catchment area, which now extends to the east towards India and the Maldives, to the south towards Tanzania and the Comoros. And that does not facilitate arrests or legal proceedings. But the essential cause is not there. It is found in the difficulties that each of the countries in the region have in welcoming pirates. Very different difficulties from one state to another.
Kenya, which hosted the most suspects for the two years, is an absentee. On the one hand, he feels he has done his part. The application of the agreement with the Europeans has been sharply criticized at the internal political level. And the reception of suspects is now done on a "case by case" basis. At the legal level, the situation is not yet stabilized. A High Court judgment has stopped any reception of suspects taken on the High Seas. And we are still awaiting the judgment on appeal (which should have been pronounced at the beginning of December). Another difficulty, raised by a European expert on the case: Kenyans are very demanding in terms of proof. "They do not thus accept the intention to commit the act. However, most of the international action at sea in recent times has been directed towards the prevention of acts". So towards an "intention" rather than a "flagrante delicto".
In the Seychelles, the limited capacity of prisons has almost already been reached. And the archipelago only takes suspects caught in its territorial waters.
Mauritius has not yet signed an agreement. But it is imminent, according to information collected by 'Bruxelles2'.
As for Tanzania, a country that could be added to the list, it was up to now in the electoral process. And if contacts have been made, nothing is yet acquired.
Only Yemen remains (which only accepts pirates caught in its zone) and Puntland, a federated entity of Somalia. Two States with which there is no formal transfer agreement.
Only solution: liberation or Europe
Currently, for lack of anything better, pirates caught in the act or suspected are simply released, after questioning and taking fingerprints or identities. When possible, they are repatriated to Europe. But it is rare. Less than forty have been repatriated in this way. Few countries accept them. And again in very limited quantities. France, however very active in piracy actions, has not received any suspects since April 2009. It must be said that the first pirates transferred in April 2008 following the Ponant affair have still not been tried. It will now be three years... We are starting to reach the "unreasonable" deadline.
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