According to foreign media reports, a newly released legal complaint details serious allegations of abuse against the crew of the MV Heroic Idun. In 2022, the ship’s crew was detained by Equatorial Guinea and held for months without charge. In the lawsuit filed with the International Tribunal for the Law of the Sea, the flag state alleges that Equatorial Guinean forces illegally boarded the ship in international waters, abused the crew, and violated their fundamental human rights.
On August 8, 2022, the MV Heroic Idun was drifting near the Akpo Terminal in Nigeria’s Exclusive Economic Zone, waiting to load cargo. That evening, an unidentified vessel approached and hailed the crew via VHF radio, claiming to be a Nigerian Navy warship. The unidentified vessel ordered the Heroic Idun to follow it to the Bonny Fairway Buoy, or else it would board for inspection.
Fearing pirates (as piracy was rampant and a serious threat in the Gulf of Guinea at the time), the captain contacted shore-based advisors, all of whom advised treating the vessel as a security threat. He gave the order to sail, and the Heroic Idun departed the area to seek safety.
The unidentified vessel gave chase, repeatedly attempted but failed to force a boarding, and eventually gave up. It was later identified as the Nigerian Navy patrol ship NNS Gongola.
On August 10, the Heroic Idun entered the Exclusive Economic Zone of Equatorial Guinea and resumed drifting, waiting to load cargo. While it was still in international waters, an Equatorial Guinean naval vessel, the Captain David, approached it. The patrol boat trained its guns on the bridge, and its personnel ordered the Heroic Idun to follow to the Luba anchorage for “investigation.” En route, another gunboat joined the escort, training its guns on the accommodation block.
The flag state stated it never received any notification about its vessel being intercepted and diverted. Legally, the vessel was under the jurisdiction of the Marshall Islands while outside the 12-nautical-mile line.
On August 14, the captain and 14 other crew members were taken off the ship under armed guard. They were driven to Malabo and taken to a police station for interrogation and detention.
According to the Marshall Islands’ complaint, the conditions for the crew were dire. The crew stated they were forced to watch other prisoners being beaten; were deprived of food and drinking water; sanitation was extremely poor; and they were forced to sleep on the floor, some without mattresses.
Onboard the ship, the remaining 11 crew members worked overtime to ensure the vessel’s safety, despite being severely understaffed. They were monitored by 8 to 10 naval guards, whom the crew claimed were drunk or under the influence of drugs most of the time.
On August 26, the flag state, having learned of the situation, attempted to intervene but received no response. The crew remained detained without any charges, and were repeatedly interrogated by officials from Nigeria, not Equatorial Guinea, who wanted to know about the Heroic Idun’s activities at the Akpo platform on August 8. The crew’s requests for legal assistance were denied.
During their detention, the crew suffered from various ailments—malaria, typhoid, gastroenteritis, and varying degrees of mental distress. Although the shipowner paid a $2 million “fine” to secure the crew’s release, Equatorial Guinea allowed the Nigerian Navy to take all crew members and the ship in an informal extradition.
On November 11, despite the reluctance of all parties involved, the ship and crew were escorted out of Equatorial Guinean waters and forced to proceed to an anchorage in Nigeria. They were detained by Nigerian authorities under a vague anti-piracy statute for “falsely presenting themselves as victims of maritime crime.”
In May 2023, the shipowner ultimately paid a $15 million “compensation” to prompt the Nigerian authorities to release the ship and crew, allowing them to depart.
The Marshall Islands pointed out: “Equatorial Guinea took enforcement action against the Heroic Idun and its crew on the high seas, including the threat of force. In doing so, Equatorial Guinea violated Article 92 of the United Nations Convention on the Law of the Sea.” “The subsequent enforcement measures taken by Equatorial Guinea after its illegal acts on the high seas had no legal basis and were therefore also illegal.”
As remedies, the flag state is seeking to recover the $2 million “fine” paid to Equatorial Guinean authorities, which did not secure the crew’s release as promised, in addition to: $1 million for expenses incurred supporting the crew during detention; $1.3 million for vessel operating costs during the same period; the $15 million “compensation” paid by the shipowner to Nigeria for the crew’s return; $1.1 million for repatriation costs after the crew’s release; $500,000 for ship repairs; $20 million for loss of hire; $300,000 for additional war risk insurance premiums; and another $650,000 for costs incurred in prosecuting Equatorial Guinea. Furthermore, it is demanding a $2,000 per diem living allowance for each crew member, totaling $15 million.
The hearing will begin this week and continue until the middle of the month.
Compiled by Shipping Online.
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