Key Takeaways:
- The captain and first officer of the Venezuelan-linked oil tanker Marinera have been taken out of UK territory by the US Coast Guard.
- The ship was seized on January 7 off the coast of Iceland and moved to the Moray Firth in the Scottish Highlands.
- A court in Edinburgh had granted an interim interdict to prevent the ship and its crew from being removed from the jurisdiction of the Scottish court, but this order was later recalled.
- The remaining 26 crew members have left the ship and are being processed, with none claiming asylum and most wanting to return to their homes.
- The US authorities had requested mutual legal assistance from Scottish authorities, but this request was later withdrawn, leaving the Scottish authorities with no control over the situation.
Introduction to the Incident
The captain and first officer of a Venezuelan-linked oil tanker, the Marinera, have been taken out of UK territory by the US Coast Guard, a court in Edinburgh has been told. The Russian-flagged tanker, previously known as Bella 1, was seized on January 7 off the coast of Iceland and moved to the Moray Firth in the Scottish Highlands. This development has raised concerns about the jurisdiction and control of the Scottish authorities over the ship and its crew.
The Court Hearing
Lawyers acting for Natia Dzadzama, the wife of the vessel’s captain Avtandil Kalandadze, lodged a petition with the Court of Session in Edinburgh seeking an emergency order to prevent the ship and those on board from being removed from the jurisdiction of the Scottish court. In a late-night hearing, Lord Young granted an interim interdict prohibiting the Advocate General for Scotland, the Lord Advocate, and Scottish ministers – or anyone acting on their behalf – from removing the captain and the crew of the Marinera from the territorial jurisdiction of the court. However, this order was later recalled after it was revealed that the captain and first officer had already left UK waters.
The Current Status of the Crew
The court heard that the remaining 26 crew members have left the ship and have been processed at the army reserve centre in Inverness. None of them have claimed asylum, with five wishing to travel to the US and 21 wanting to travel elsewhere. The crew members are currently staying at a hotel in Elgin, Moray, and it is hoped that they can proceed with their plans to return to their homes. The Solicitor General, Ruth Charteris KC, representing the Lord Advocate and Scottish ministers, stated that Scottish ministers and the Lord Advocate have never detained the crew, captain, or first officer and have never had them in their control.
The Role of the US Authorities
The US authorities had requested mutual legal assistance from Scottish authorities on January 16, which was granted subject to specific assurances and conditions to ensure the safety and wellbeing of the crew. However, this request was withdrawn on Sunday, and confirmed in writing the following day, leaving the Scottish authorities with no control over the situation. The Solicitor General urged Lord Young to withdraw the interim interdict, stating that it was now clear that the order should be lifted, as it was wholly unnecessary and unfairly cast a shadow over the office of the Lord Advocate and Scottish ministers.
The Reaction of the Parties Involved
Chris Pirie KC, representing the Advocate General, said that the UK government did not oppose the motion for the interim interdict to be recalled, adding that the order ought not to stand in the way of the crew leaving voluntarily. Clare Mitchell KC, representing Ms Dzadzama, branded the situation "highly unsatisfactory", stating that the captain and first officer had been removed from the protection of the Scottish authorities and court. Lord Young agreed to recall the interim interdict for all three respondents, namely the Advocate General for Scotland, the Lord Advocate, and Scottish ministers.
Conclusion
In conclusion, the situation surrounding the Venezuelan-linked oil tanker Marinera has been complex and evolving. The Scottish authorities had initially granted an interim interdict to prevent the ship and its crew from being removed from their jurisdiction, but this order was later recalled after the captain and first officer had already left UK waters. The remaining crew members are being processed, and it is hoped that they can return to their homes soon. The incident highlights the challenges and complexities of international cooperation and jurisdiction in cases involving sanctioned vessels and crews.