Gard lawyer Eleni Antoniadou stated at a Posidonia seminar that when under pressure, jurisdictions may look for scapegoats, thereby ignoring the legal principle of “presumption of innocence.”
At a BIMCO seminar, Antoniadou told the audience that when drugs are found on a ship, the entire crew is arrested and detained, sometimes for extended periods.
“In such cases, it is difficult to find a reasonable explanation for this phenomenon. The trend we usually see is that the incident triggers a media storm, becomes a news focus, and thus puts immense pressure on local authorities to find a solution as quickly as possible,” Antoniadou said.
She added: “Unfortunately, the easiest targets, even those used as scapegoats, are the seafarers.”
A lawyer from the audience was more direct: “Systemic change is necessary to ensure that the fundamental principle of criminal law—the presumption of innocence—is truly integrated into the judicial systems of various countries.”
A source who wished to remain anonymous stated that there is a pattern: drugs are shipped from South America to Europe, and investigations are primarily conducted in Europe, so authorities should address the issue starting from Europe.
“If we try to prioritize Europe, ensuring shorter detention periods so that crew members can be released promptly without spending months or even years in prison, I believe that would be a very good first step,” the lawyer said.
The lawyer also mentioned that the industry’s response to the plight of Ali Al-Bokar, the chief officer of the ‘Phoenix-M,’ seemed weak: “No one can force a member state to change its laws or judicial system. This falls entirely within the exclusive competence of each country. However, I believe through initiatives, although I know these measures will not yield immediate results, we won’t see outcomes tomorrow, it may take years, and there may even be more victims.”
He added that governments and international organizations should drive change, and these changes must be achieved through high-level dialogue.
Meanwhile, the shipping industry is highly mobile, with vessels calling at multiple ports, which can lead to crew members being detained for varying periods, ranging from five weeks to up to a year and a half.
The complexity of such cases is also compounded by multi-jurisdictional factors, where port state control and the flag state may issue conflicting instructions. “Add to that the potentially complex ownership structures of shipping companies, and there are even more factors involved,” Antoniadou concluded.
According to data, drug trafficking cases have increased, leading to a significant rise in instances where seafarers are investigated, detained, and prosecuted.
In such situations, the lawyer believes it is very important for shipowners to continue supporting the crew.
“Of course, I am not referring to paying any facilitation fees to the authorities, as that would be counterproductive and would only encourage more accusations against seafarers,” Antoniadou explained. “By ‘support,’ I clearly mean providing seafarers with legal assistance and proper defense.”
Alan Croft, Business Development Manager at the International Seafarers’ Welfare Network, pointed out that this is an extremely difficult situation for both seafarers and their families, who receive almost no information and have no clear point of contact to help them through the ordeal.
Dr. Joanna-Eugenia Bakouni believes the industry has not done enough to educate crew members on how to handle such situations.
Bakouni noted: “We repeatedly drill for man overboard, fire, and various emergencies that can occur on board. But if you ask an average crew member what to do in a situation like this, such as being arrested, the usual response is just silence. Therefore, there is indeed a gap in our training standards for dealing with such scenarios.”
Bakouni stated that guidelines for fair treatment are fine, but when you might be facing prosecution at three in the morning, going to a website to read a guide is just a document, “and that is all it amounts to.”
Compiled and edited by Shipping Online
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