The UK charity Human Rights at Sea (HRAS) and the European Union’s Network of Experts on the Legal Aspects of Maritime Safety and Security (MARSAFENET) have published a new international and independent guidance for Deprivation of Liberty at Sea.
This guidance, financed through the European Union COST Action IS1105, is the first independently drafted international document covering Deprivation of Liberty (DoL) by Shipmasters, crew and/or Privately Contracted Armed Security Personnel (PCASP).
It outlines a succinct set of principles and detailed guidance for safeguarding a criminal suspect’s human rights at sea. It additionally contains checklists for shipowners, Shipmasters, crew, Private Maritime Security Companies and their personnel in relation to the lawful deprivation of liberty of suspected criminals at sea, covering pre-transit planning, the in-transit phase, as well as stages during and after an incident of deprivation of liberty at sea. This makes it a valuable tool for actors of the shipping, fishing and security industries responsible for dealing with instances of deprivation of liberty at sea.
The issue of DoL of criminal suspects by Shipmasters, crew and/or PCASP is highly topical: this is true for piracy prone areas but also for areas with large migration movements like the Mediterranean and the Andaman Sea, where chances are that Shipmasters or crew may be confronted with persons suspected of trafficking in human beings or other criminal offences.
The guidance complements existing guidelines on fair treatment of seafarers in the event of a maritime accident as adopted by the International Maritime Organization (IMO), aiming to become a leading soft law instrument voluntarily applied by relevant actors in the shipping, fishing and security industries.
”This first edition of the Deprivation of Liberty at Sea Guidance has been the result of six months work involving significant research and stakeholder input. Working alongside European colleagues, Human Rights at Sea is proud to be able to deliver a new and relevant maritime human rights reference document in partnership with EU MARSAFENET,” HRAS CEO, David Hammond, said.