Dec. 16: India has conveyed its "disappointment" to South Korea over the
decision of a South Korean court to sentence two Indians to prison in connection
with an accidental oil spill involving the ship Hebei Spirit off the Korean
coast in 2007.
Secretary (east) in the ministry of external affairs N. Ravi on Monday took up
the matter with the ambassador of the Republic of Korea. He conveyed New Delhi's
distress at the harsh prison sentences to the two merchant marine officers,
Captain J.S. Chawla and chief officer Chetan Syam Syam, who were involved in the
ship Hebei Spirit accident, off the Korean coast, on December 7, 2007.
New Delhi "conveyed her disappointment about the decision of the court to
reverse the earlier decision in which the two merchant marine officers were
exonerated," the ministry of external affairs said here. The duo were handed
down an 18-month imprisonment on December 10.
"Secretary (east) also conveyed our expectation that the government of the
Republic of Korea would ensure humane treatment to Captain Chawla and chief
officer Syam in keeping with their professional status, and that due sensitivity
will be shown to cater for their personal requirements," it said.
Full text
The press release from Ministry of external affair as below:
In response to questions on the decision of the Court in the Republic of Korea
to sentence two Indians
Â
15/12/2008
Â
In response to questions on the decision of the Court in the Republic of Korea
to sentence two Indians,the Official Spokesperson said:
"Government of India is aware of the decision of the Court in the Republic of
Korea to sentence two Indians – Captain J. S. Chawla and Chief Officer Chetan
Syam – to prison sentences in connection with an accident involving the ship
"Hebei Spirit" off the Korean coast last year.
This matter was taken up by Secretary (East), Ministry of External Affairs today
with the Ambassador of the Republic of Korea. At this meeting Government's
disappointment about the decision of the Court to reverse the earlier decision
in which the two merchant marine officers were exonerated, as well as
Government's distress at the harsh prison sentences, was conveyed to the
Ambassador of the Republic of Korea. Secretary (East) also conveyed our
expectation that the Government of the Republic of Korea would ensure humane
treatment to Captain Chawla and Chief Officer Syam in keeping with their
professional status, and that due sensitivity will be shown to cater for their
personal requirements. The Ambassador of the Republic of Korea has assured the
Ministry of External Affairs that Government's concerns will be communicated to
the Korean authorities.
Government of India has earlier taken up this matter at all levels in the
Government of the Republic of Korea in the past few months. The Ministry of
External Affairs raised this issue with the Korean side at the Foreign Office
Consultations on 25th November 2008. The Ministry of External Affairs also
raised it again with the Ambassador of the Republic of Korea in New Delhi on 4th
December 2008 as well as with the Korean Foreign Ministry through the Indian
Ambassador in Seoul on 5th December 2008. Our High Commission in London, which
is our representative at the International Maritime Organization, has also
raised this matter in that forum. Moreover, our Minister of Shipping, Road
Transport & Highways, during his visit to the Republic of Korea in October 2008,
had also drawn the attention of the Korean Minister for Maritime Affairs to this
matter.
Ministry of External Affairs understands that the lawyers of the two Indian
nationals intend to file an appeal against the judgement shortly. We have
conveyed to the Korean Government our hope that the two officers will be given
bail pending the hearing of the appeal. We also hope that a fair hearing will be
held on the appeal, and that the Court will take into account the full
circumstances including the cause of the accident, the payment of compensation
by the IOPCF and the likely impact that the judgement will have on the maritime
community.
The Korean Government is fully aware of the high attention that this matter is
receiving in India. Government of India intends to continue to pursue this
matter with the Korean side, in the backdrop of the close and cordial relations
that exist between the two countries."
New Delhi
December 15, 2008
Thursday, December 18, 2008
INTERNATIONAL GROUP EXPRESSES SERIOUS CONCERN AT PRISON TERMS HANDED TO HEBEI SPIRIT OFFICERS.
The thirteen P&I Associations (the Clubs) which are members of the International Group of P+I Associations provide liability cover for approximately 95% of the world’s ocean-going tanker tonnage. The cover includes liability for pollution and crew claims. Clubs also provide a wide range of services to their members, and often play a leading role in the management of casualties. The Clubs between them have been involved in all major pollution incidents worldwide. The Hebei Spirit is entered with Assuranceforeningen Skuld which is a member of the International Group and the club has been and continues to be very actively engaged in relation to the spill response and compensation arrangements.
The Group wishes to express its concern and disappointment at the decision of the Daejeon Appeal Court on 10 December, particularly the guilty verdicts and jail sentences handed down to the Master and Chief Officer of the Hebei Spirit who have been detained in Korea since December 2007 and who were exonerated from all blame for the incident by a Korean court on 24th June this year.
The Group shares industry wide concern at the increasing trend towards unjustified criminal prosecution of seafarers following maritime incidents, particularly in cases which do not involve intentional or wilful misconduct. It strongly supports the International Guidelines on the Fair Treatment of Seafarers in the Event of a Maritime Accident which were adopted by the International Maritime Organisation (IMO) and International Labour Organisation in 2006. The premise behind these Guidelines is to provide transparent, fair and impartial treatment of seafarers after a casualty.
The Group also supports the IMO Code for the Investigation of Marine Casualties and Incidents which was adopted in May 2008 at MSC 84 sets down mandatory standards and guidance for maritime inquiries to follow in order to achieve basic standards of objectivity and fairness. Whilst the Code is not yet mandatory, the IMO approved the Code in May 2008 with the aim of allowing it to be implemented voluntarily and its provisions to be respected and followed as far as possible by member states until it becomes mandatory under the SOLAS amendments in 2010. In the interim, the Code provides authoritative guidance as to good practice in the conduct of maritime inquiries.
At a time when the world is facing a shortage of professional and qualified seafarers, such seemingly unwarranted criminalisation of the Master and Chief Officer of an anchored VLCC, struck by a Samsung crane barge, will send deeply disturbing signals to all those considering a career at sea and to their families.
The Guidelines on Fair Treatment of Seafarers and the Code for Investigation of Maritime Casualties both provide basic standards which should apply worldwide to ensure the proper functioning of international trade and shipping in which Korea plays such an active part. The International Group is deeply concerned that Korea’s reputation within the international community will be adversely affected by this recent decision of the Daejeon Appeal Court. The Group hopes above all that action by the relevant authorities can be taken swiftly to return the seafarers to their home and in so doing maintain the good reputation of the Republic of Korea.
The Group wishes to express its concern and disappointment at the decision of the Daejeon Appeal Court on 10 December, particularly the guilty verdicts and jail sentences handed down to the Master and Chief Officer of the Hebei Spirit who have been detained in Korea since December 2007 and who were exonerated from all blame for the incident by a Korean court on 24th June this year.
The Group shares industry wide concern at the increasing trend towards unjustified criminal prosecution of seafarers following maritime incidents, particularly in cases which do not involve intentional or wilful misconduct. It strongly supports the International Guidelines on the Fair Treatment of Seafarers in the Event of a Maritime Accident which were adopted by the International Maritime Organisation (IMO) and International Labour Organisation in 2006. The premise behind these Guidelines is to provide transparent, fair and impartial treatment of seafarers after a casualty.
The Group also supports the IMO Code for the Investigation of Marine Casualties and Incidents which was adopted in May 2008 at MSC 84 sets down mandatory standards and guidance for maritime inquiries to follow in order to achieve basic standards of objectivity and fairness. Whilst the Code is not yet mandatory, the IMO approved the Code in May 2008 with the aim of allowing it to be implemented voluntarily and its provisions to be respected and followed as far as possible by member states until it becomes mandatory under the SOLAS amendments in 2010. In the interim, the Code provides authoritative guidance as to good practice in the conduct of maritime inquiries.
At a time when the world is facing a shortage of professional and qualified seafarers, such seemingly unwarranted criminalisation of the Master and Chief Officer of an anchored VLCC, struck by a Samsung crane barge, will send deeply disturbing signals to all those considering a career at sea and to their families.
The Guidelines on Fair Treatment of Seafarers and the Code for Investigation of Maritime Casualties both provide basic standards which should apply worldwide to ensure the proper functioning of international trade and shipping in which Korea plays such an active part. The International Group is deeply concerned that Korea’s reputation within the international community will be adversely affected by this recent decision of the Daejeon Appeal Court. The Group hopes above all that action by the relevant authorities can be taken swiftly to return the seafarers to their home and in so doing maintain the good reputation of the Republic of Korea.
Tuesday, December 16, 2008
Postponement of peaceful Demonstration to 23rd December 2008
Guys,
This is to inform one and all that the peacefu demonstration which was supposed to be carried out on Friday, the 19th of December 2008 has been postponed to 23rd Dec 2008 at Azad Maidan at 4.00 pm. No further corrections will be done. This date has been finalised unlike earlier. So pls show your solidarity to our brethren in S.Korea by making your presence felt at the above mentioned date & time. Below is the official confirmation for the above rally.
Quote
-------
INDIAN SEAFARERS FEDERATION (ISF)>> National Union of Seafarers of India,> The Maritime> Union of India> NUSI Bhavan, 4, Goa Street,> Udyog Bhavan,> 4th Floor,> Ballard Estate,> 29> Walchand Hirachand Marg,> Mumbai- 400 001.> Ballard> Estate, Mumbai- 400001> Tel: 22618368 / 9,> Tel. No.> 22613052 / 2261507> E.mail: nusi@vsnl.com> E.mail:> oceanite@vsnl.com>> 15th December, 2008>>
Dear Sir,>
Sub: Protest against "Hebei Spirit" judgement
Appeal for boycott of Korean products especially Samsung> gains momentum>>>
In an historic meeting today the Unions and ship owners> Associations got> together in an unique display of solidarity against the> judgement of the> South Korean Court which found Capt. Jasprit Chawla and> Chief Officer Syam> Chetan guilty. Both the seafarers were on board the ship> "Hebei Spirit"> which was at safe anchorage at South Korean waters, which> was collided by a> tug-towed crane barge owned by Samsung Heavy Industries> resulting in an oil> spill. Capt. Jasprit Chawla and Chief Officer Syam Chetan> were detained> since December, 2007 in South Korea. Despite being proved> innocent on 23rd> June, 2008 by the Court. The matter went into appeal.> Justice was denied> when the judgement, which was delivered on December 10th> 2008, found Capt.> Jasprit Chawla and Chief Officer Syam Chetan guilty and> sentenced them for> 18 months and 8 months respectively.>> The National Union of Seafarers of India (NUSI) and the> Maritime Union of> India (MUI), both seafarers Associations, have already> approached more than> two hundred thousand seafarers and their families to> boycott Korean products> especially Samsung. Today they were joined by the> Transport & Dock Workers> Union represented by Mr. S. R. Kulkarni, All India> Railwaymen Federation> represented by Mr. Umraomal Purohit, Aviation Industries> Employees Guild> represented by Mr. George Abraham. Mr. Mahendra Sharma of> the International> Transport Workers Federation (ITF) and Shipowners> Associations i.e. FOSMA,> MASSA, INSA, CMMI, Nautical Institutes also attended the> meeting. The> following has been decided:>> Ø Indian Shipping fraternity will fight with all its might> against the> unfair judgement which was delivered against Capt. Chawla> and Chief Officer> Syam Chetan in South Korea.>> Ø Demand for effective intervention by the Government of> India through> Ministry of Shipping and Ministry of External Affairs.>> Ø Human Rights Commission and Amnesty International have> also been> approached.>> Ø Call for appeal to seafarers to boycott the Korean> products especially> Samsung has been renewed.>> Ø A massive Rally has been planned at 4.00 pm on Tuesday,> 23rd December,> 2008 at Azad Maidan, Opp. Mahanagar Palika, Mumbai. The> seafarers and their> family members and family members of Capt. Chawla and Chief> Officer Chetan> will also be present in the Rally.>> The demonstration is for justice and release of the two> seafarers of the> ship "Hebei Spirit" who are victims of> criminilisation of seafarers.> Similar demonstrations have also been planned at Chennai> and Delhi. This> issue is no longer national but has become international.> If the efforts do> not give the required results then the agitation can> further intensify which> can affect transportation of Korean goods in India.>>>
Yours faithfully,>
(Abdulgani Y. Serang)> (S. S. Khan)> General Secretary-cum-Treasurer> General Secretary> National Union of Seafarers of India> The Maritime> Union of India
Unquote
---------
This is to inform one and all that the peacefu demonstration which was supposed to be carried out on Friday, the 19th of December 2008 has been postponed to 23rd Dec 2008 at Azad Maidan at 4.00 pm. No further corrections will be done. This date has been finalised unlike earlier. So pls show your solidarity to our brethren in S.Korea by making your presence felt at the above mentioned date & time. Below is the official confirmation for the above rally.
Quote
-------
INDIAN SEAFARERS FEDERATION (ISF)>> National Union of Seafarers of India,> The Maritime> Union of India> NUSI Bhavan, 4, Goa Street,> Udyog Bhavan,> 4th Floor,> Ballard Estate,> 29> Walchand Hirachand Marg,> Mumbai- 400 001.> Ballard> Estate, Mumbai- 400001> Tel: 22618368 / 9,> Tel. No.> 22613052 / 2261507> E.mail: nusi@vsnl.com> E.mail:> oceanite@vsnl.com>> 15th December, 2008>>
Dear Sir,>
Sub: Protest against "Hebei Spirit" judgement
Appeal for boycott of Korean products especially Samsung> gains momentum>>>
In an historic meeting today the Unions and ship owners> Associations got> together in an unique display of solidarity against the> judgement of the> South Korean Court which found Capt. Jasprit Chawla and> Chief Officer Syam> Chetan guilty. Both the seafarers were on board the ship> "Hebei Spirit"> which was at safe anchorage at South Korean waters, which> was collided by a> tug-towed crane barge owned by Samsung Heavy Industries> resulting in an oil> spill. Capt. Jasprit Chawla and Chief Officer Syam Chetan> were detained> since December, 2007 in South Korea. Despite being proved> innocent on 23rd> June, 2008 by the Court. The matter went into appeal.> Justice was denied> when the judgement, which was delivered on December 10th> 2008, found Capt.> Jasprit Chawla and Chief Officer Syam Chetan guilty and> sentenced them for> 18 months and 8 months respectively.>> The National Union of Seafarers of India (NUSI) and the> Maritime Union of> India (MUI), both seafarers Associations, have already> approached more than> two hundred thousand seafarers and their families to> boycott Korean products> especially Samsung. Today they were joined by the> Transport & Dock Workers> Union represented by Mr. S. R. Kulkarni, All India> Railwaymen Federation> represented by Mr. Umraomal Purohit, Aviation Industries> Employees Guild> represented by Mr. George Abraham. Mr. Mahendra Sharma of> the International> Transport Workers Federation (ITF) and Shipowners> Associations i.e. FOSMA,> MASSA, INSA, CMMI, Nautical Institutes also attended the> meeting. The> following has been decided:>> Ø Indian Shipping fraternity will fight with all its might> against the> unfair judgement which was delivered against Capt. Chawla> and Chief Officer> Syam Chetan in South Korea.>> Ø Demand for effective intervention by the Government of> India through> Ministry of Shipping and Ministry of External Affairs.>> Ø Human Rights Commission and Amnesty International have> also been> approached.>> Ø Call for appeal to seafarers to boycott the Korean> products especially> Samsung has been renewed.>> Ø A massive Rally has been planned at 4.00 pm on Tuesday,> 23rd December,> 2008 at Azad Maidan, Opp. Mahanagar Palika, Mumbai. The> seafarers and their> family members and family members of Capt. Chawla and Chief> Officer Chetan> will also be present in the Rally.>> The demonstration is for justice and release of the two> seafarers of the> ship "Hebei Spirit" who are victims of> criminilisation of seafarers.> Similar demonstrations have also been planned at Chennai> and Delhi. This> issue is no longer national but has become international.> If the efforts do> not give the required results then the agitation can> further intensify which> can affect transportation of Korean goods in India.>>>
Yours faithfully,>
(Abdulgani Y. Serang)> (S. S. Khan)> General Secretary-cum-Treasurer> General Secretary> National Union of Seafarers of India> The Maritime> Union of India
Unquote
---------
Saturday, December 13, 2008
Korean Court Sysytem comes under spotlight in Hebei Spirit Case
Immediate Release
29 September 20o8
Roberto Giorgi, President of V.Ships, technical managers of the Hebei Spirit, visited Korea last week, to demonstrate the company’s commitment and moral support for the Master and Chief Officer of the Hebei Spirit, who have been detained in Korea for nearly ten months. The visit resulted in both AFP and Lloyds List publishing some interesting and controversial comments from interviews with the V.Ships’ President.
The Hebei Spirit’s Master and Chief Officer have been detained in Korea since December 7th, 2007 for their part in the country’s largest oil spill. The trial against them and against Samsung - who were responsible for the Marine Spread (MS) of 3 tug boats and 1 large crane barge, which ultimately crashed into the fully laden VLCC, Hebei Spirit, after one of the tug’s towing wires broke in heavy weather - concluded on June 23 2008, with Not Guilty verdicts against the Master and Chief Officer of the Hebei Spirit and Guilty verdicts against Samsung and members of the crew of the MS.
Unfortunately, the Korean Prosecutor’s Office immediately lodged an appeal and refused to allow the Master and Chief Officer to leave Korea, despite being found innocent and various assurities being given by the crew, the company and the P+I Club that they would return when hearings commenced.
In both interviews, comments were directed at the perception given to the outside world - during the recent appeal court hearings which commenced in September, that Samsung and the Prosecutor’s Office were in collusion to overturn the initial “innocent” verdict for both Master and Chief Officer, brought down on June 23, by another Korean judge.
Mr Giorgi also questioned why Samsung (who were found guilty in the earlier trial) were allowed to join the appeal, alongside the Prosecutor’s Office against the innocent verdict of the Master and C/O of the Hebei Spirit. In a criminal case, is it common practice for private companies to be allowed to act as a 2nd prosecutor? We would suggest not in most modern countries with a “rule of law” system.
In a story published on September 24, on AFP newswire, the interviewer reported: “The developments "look to be designed to ensure that the master and chief officer are found guilty on appeal," Giorgi said, "I am worried that the captain and chief officer may not get a fair trial this time around."
The report went on: "This criminalisation of seafarers is having a detrimental effect on the industry, and at a time when there is a chronic crew shortage," Giorgi said.”
The Master of the Hebei Spirit, Captain Chawla also spoke to AFP, stating: My life has come to a standstill,"
The Master, Captain Jasprit Singh Chawla, 39, is married with two children, while the ship’s Chief Officer, Syam Chetan, 33, is married with a one-year-old son.
Lloyds List also reported Giorgi’s comments on the possibility of Samsung and Korean authorities ‘colluding’ for the retrial: “V.Ships President Roberto Giorgi told Lloyd’s List that the Korean side was giving information to the court to “prove a case that is not really there”.
“The Captain could not foresee that the tow wire was going to break,” he said.
This was a reference to the crane barge which broke its tow with one of two tugs and smashed into the side of the fully-loaded Hebei Spirit, which was at anchor. The collision holed three of the tanker’s cargo holds spilling more than 10,500 tonnes of oil about 100km southwest of Seoul.
The crane barge and tugs were operated by Samsung Heavy Industries.
The trial judge is expected to give a judgment on December 23, but depending on the outcome, prosecutors could appeal again, this time to South Korea’s supreme court, which could extend the HS crew’s enforced stay up to a further 6 months, taking one a half year’s out of their professional and personal life.
The Korean tribunal’s report on the accident said the tanker’s crew should have done more to prevent the accident without specifying what action could have been taken.
The report also finds the master and chief officer were negligent in exactly the same manner that was alleged by prosecutors and Samsung when they made their appeal, before the report had been written.
“I think there was some consultation between Samsung, prosecutors and the people that put together the report,” Mr Giorgi said.
Under International Maritime Organization rules - flag states, ship owners and other interested parties must be given the opportunity to comment on official draft accident reports before a final version is published.
Stephen Li, a Hong Kong Marine Department accident investigator, confirmed that the department (as the Flag State for the Hebei Spirit) had neither been consulted nor received a copy of the report.
Can the industry unite to ensure justice – by international standards – is done without interference for political or economic reasons?
At a time when the shortage of Officers is at a critical stage, refusal by officers to sail to Korea, based on the treatment of the Master and Chief Officer of the anchored Hebei Spirit being rammed by a Samsung owned MS of crane barge and tugs – is not as improbable as it may sound.
- end -
29 September 20o8
Roberto Giorgi, President of V.Ships, technical managers of the Hebei Spirit, visited Korea last week, to demonstrate the company’s commitment and moral support for the Master and Chief Officer of the Hebei Spirit, who have been detained in Korea for nearly ten months. The visit resulted in both AFP and Lloyds List publishing some interesting and controversial comments from interviews with the V.Ships’ President.
The Hebei Spirit’s Master and Chief Officer have been detained in Korea since December 7th, 2007 for their part in the country’s largest oil spill. The trial against them and against Samsung - who were responsible for the Marine Spread (MS) of 3 tug boats and 1 large crane barge, which ultimately crashed into the fully laden VLCC, Hebei Spirit, after one of the tug’s towing wires broke in heavy weather - concluded on June 23 2008, with Not Guilty verdicts against the Master and Chief Officer of the Hebei Spirit and Guilty verdicts against Samsung and members of the crew of the MS.
Unfortunately, the Korean Prosecutor’s Office immediately lodged an appeal and refused to allow the Master and Chief Officer to leave Korea, despite being found innocent and various assurities being given by the crew, the company and the P+I Club that they would return when hearings commenced.
In both interviews, comments were directed at the perception given to the outside world - during the recent appeal court hearings which commenced in September, that Samsung and the Prosecutor’s Office were in collusion to overturn the initial “innocent” verdict for both Master and Chief Officer, brought down on June 23, by another Korean judge.
Mr Giorgi also questioned why Samsung (who were found guilty in the earlier trial) were allowed to join the appeal, alongside the Prosecutor’s Office against the innocent verdict of the Master and C/O of the Hebei Spirit. In a criminal case, is it common practice for private companies to be allowed to act as a 2nd prosecutor? We would suggest not in most modern countries with a “rule of law” system.
In a story published on September 24, on AFP newswire, the interviewer reported: “The developments "look to be designed to ensure that the master and chief officer are found guilty on appeal," Giorgi said, "I am worried that the captain and chief officer may not get a fair trial this time around."
The report went on: "This criminalisation of seafarers is having a detrimental effect on the industry, and at a time when there is a chronic crew shortage," Giorgi said.”
The Master of the Hebei Spirit, Captain Chawla also spoke to AFP, stating: My life has come to a standstill,"
The Master, Captain Jasprit Singh Chawla, 39, is married with two children, while the ship’s Chief Officer, Syam Chetan, 33, is married with a one-year-old son.
Lloyds List also reported Giorgi’s comments on the possibility of Samsung and Korean authorities ‘colluding’ for the retrial: “V.Ships President Roberto Giorgi told Lloyd’s List that the Korean side was giving information to the court to “prove a case that is not really there”.
“The Captain could not foresee that the tow wire was going to break,” he said.
This was a reference to the crane barge which broke its tow with one of two tugs and smashed into the side of the fully-loaded Hebei Spirit, which was at anchor. The collision holed three of the tanker’s cargo holds spilling more than 10,500 tonnes of oil about 100km southwest of Seoul.
The crane barge and tugs were operated by Samsung Heavy Industries.
The trial judge is expected to give a judgment on December 23, but depending on the outcome, prosecutors could appeal again, this time to South Korea’s supreme court, which could extend the HS crew’s enforced stay up to a further 6 months, taking one a half year’s out of their professional and personal life.
The Korean tribunal’s report on the accident said the tanker’s crew should have done more to prevent the accident without specifying what action could have been taken.
The report also finds the master and chief officer were negligent in exactly the same manner that was alleged by prosecutors and Samsung when they made their appeal, before the report had been written.
“I think there was some consultation between Samsung, prosecutors and the people that put together the report,” Mr Giorgi said.
Under International Maritime Organization rules - flag states, ship owners and other interested parties must be given the opportunity to comment on official draft accident reports before a final version is published.
Stephen Li, a Hong Kong Marine Department accident investigator, confirmed that the department (as the Flag State for the Hebei Spirit) had neither been consulted nor received a copy of the report.
Can the industry unite to ensure justice – by international standards – is done without interference for political or economic reasons?
At a time when the shortage of Officers is at a critical stage, refusal by officers to sail to Korea, based on the treatment of the Master and Chief Officer of the anchored Hebei Spirit being rammed by a Samsung owned MS of crane barge and tugs – is not as improbable as it may sound.
- end -
Friday, December 12, 2008
Shipmanager's Statement
Glasgow, December 10, 2008. Statement Issued by V.Ships Shipmanagement.
Horror Story for Officers of Hebei Spirit- A tragedy for seafarers worldwide.
Today’s decision by the Korean Appeal Court to find guilty the Master and Chief Officer of the ‘Hebei Spirit’, an anchored VLCC which was struck by a Samsung Crane Barge, will surely go down as one of the most disgraceful examples of a miscarriage of justice in a ‘supposedly’ advanced nation state. For Capt Chawla and Chief Officer Chetan to be sentenced to prison terms and lead from the court in handcuffs is a disgrace and insult to the whole shipping industry.
It is hardly surprising that the Indian seafarers’ unions are up in arms. No wonder the ITF and its international membership are questioning whether it is safe for its members to travel on ships to Korea. No wonder carriers are considering future calls at Korean Ports. Certainly ship owners will be reviewing their future shipbuilding orders in Korean yards.
Having found the ‘Hebei Spirit’ officers innocent of all charges at a court hearing on June 24 this year, it appeared to be an extraordinary decision made by the Korean prosecutor to go for appeal on such an open and shut case.
To then follow this decision by failing to allow the ‘Hebei Spirit’ officers to return home to their loved ones after 6 months held in Korea, was to compound the gross injustice that had been done and was despite assurances from V.Ships that the officers would return for any future hearings.The two officers have now been held in Korea, without the right to leave the country, for one year
As far as the appeal case itself is concerned, the reliance placed upon the Korean Maritime Safety Tribunal (KMST ) findings and conclusions, has resulted in technically flawed, unreliable and unjust evidence being submitted to the Daejeon District Court, the Court of Appeal, which returned its decision today.
In submitting their report, the KMST has demonstrated both its incompetence and an obvious desire to find fault with the officers of the Hebei Spirit. It is also a matter of fact that in compiling their report, the KMST has not complied with the IMO guidelines for consultation with other parties.
This blatant and totally unjustifiable case of criminalisation of a profession that we all rely upon for our international trade must not go unanswered by the international community and all those in the shipping industry.
We can only hope that the Authorities in Korea will take immediate steps to restore the country’s now tarnished image as a place where all who deal there can expect justice and respect of human rights.
Contact: Bob Bishop CEO
V.Ships Shipmanagement
Horror Story for Officers of Hebei Spirit- A tragedy for seafarers worldwide.
Today’s decision by the Korean Appeal Court to find guilty the Master and Chief Officer of the ‘Hebei Spirit’, an anchored VLCC which was struck by a Samsung Crane Barge, will surely go down as one of the most disgraceful examples of a miscarriage of justice in a ‘supposedly’ advanced nation state. For Capt Chawla and Chief Officer Chetan to be sentenced to prison terms and lead from the court in handcuffs is a disgrace and insult to the whole shipping industry.
It is hardly surprising that the Indian seafarers’ unions are up in arms. No wonder the ITF and its international membership are questioning whether it is safe for its members to travel on ships to Korea. No wonder carriers are considering future calls at Korean Ports. Certainly ship owners will be reviewing their future shipbuilding orders in Korean yards.
Having found the ‘Hebei Spirit’ officers innocent of all charges at a court hearing on June 24 this year, it appeared to be an extraordinary decision made by the Korean prosecutor to go for appeal on such an open and shut case.
To then follow this decision by failing to allow the ‘Hebei Spirit’ officers to return home to their loved ones after 6 months held in Korea, was to compound the gross injustice that had been done and was despite assurances from V.Ships that the officers would return for any future hearings.The two officers have now been held in Korea, without the right to leave the country, for one year
As far as the appeal case itself is concerned, the reliance placed upon the Korean Maritime Safety Tribunal (KMST ) findings and conclusions, has resulted in technically flawed, unreliable and unjust evidence being submitted to the Daejeon District Court, the Court of Appeal, which returned its decision today.
In submitting their report, the KMST has demonstrated both its incompetence and an obvious desire to find fault with the officers of the Hebei Spirit. It is also a matter of fact that in compiling their report, the KMST has not complied with the IMO guidelines for consultation with other parties.
This blatant and totally unjustifiable case of criminalisation of a profession that we all rely upon for our international trade must not go unanswered by the international community and all those in the shipping industry.
We can only hope that the Authorities in Korea will take immediate steps to restore the country’s now tarnished image as a place where all who deal there can expect justice and respect of human rights.
Contact: Bob Bishop CEO
V.Ships Shipmanagement
‘Hebei hogwash’ - Shipmanager's, Associations, Bodies Express Anger, Ridiculing the verdict
“Utterly unreasonable”, “irrational” and “eye-popping hogwash” is how V.Ships’ Bob Bishop has labelled the decision by a South Korean court to jail officers of the Hebei Spirit.
The shipmanager’s chief executive vowed to appeal Wednesday’s “ridiculous” judgements which have raised a cacophony of vitriol from industry bodies.
“How does one begin?” Bishop posited when asked for his response to the jailing for 18 months of the 270,000-dwt tanker’s Indian master Jasprit Chawla and for eight months of chief officer Syam Chetan.
“These guys are innocent and they have been locked up to appease public opinion, is all one can assume,” Glasgow-based Bishop retorted.
The officers of the 1993-built VLCC, owned by China’s Hosco and which spilled 10,500 tonnes of crude oil into the Yellow Sea after being struck by a falling crane from a Samsung-owned barge, were initially cleared of any wrongdoing by a lower court. The South Korean appeal court, however, later overturned the decision which placed the blame for the December 2007 incident almost entirely on Samsung’s door.
“This is all about pandering to the Korean public to make it look like Samsung was not totally culpable.”
“It is a straightforward publicity trick to march them out of court in handcuffs. This is going back to the times of barbarity.”
Bishop was baffled as to the continued detention of the officers over the course of the trial saying “they have posed no security risk. V.Ship, [the officers themselves], the Indian government, the owners have given all possible guarantees that they would return [for trial if allowed back home]”.
Although Bishop ventured that the company would “definitely be appealing” the sentences, he aired misgivings about the South Korean justice system.
“We’ve now passed from the realms of rational action to the realms of irrational action,” he said before adding, “One has to follow due process in large part because there is no other.”
Wednesday’s development also drew the ire of the International Transport Workers’ Federation (ITF) which called the judgements “incomprehensively vindictive”.
In a scathing riposte to the court’s ruling entitled ‘No justice for Hebei Two’, ITF maritime coordinator Stephen Cotton said: “This is not justice. It’s not even something close. What we have seen today is scapegoating, criminalisation and a refusal to consider the wider body of evidence that calls into question the propriety of the court.
“This decision is incomprehensibly vindictive and will impact on all professional mariners.”
Like Bishop, Cotton pledged the ITF’s support to the jailed seafarers saying: “The one thing we can promise today is that this isn’t over. The campaign to free these men will go on growing until the justice that was so glaringly absent in this court today is done.”
Guy Morel, general secretary of shipmanagement body InterManager, called the punishment meted out to the Hebei Spirit officers “a tragedy for the whole industry”.
Morel added: “It is unacceptable that these two dedicated seafarers should be treated in this way. They have behaved professionally throughout this sorry affair and are being made scapegoats by South Korea.
“These men followed correct procedures and ensured lives were protected but have been unfairly criminalised as a result. We believe that the evidence against them was flawed and manipulated and we will campaign vigorously on their behalf to overturn this unfair decision.”
The shipmanager’s chief executive vowed to appeal Wednesday’s “ridiculous” judgements which have raised a cacophony of vitriol from industry bodies.
“How does one begin?” Bishop posited when asked for his response to the jailing for 18 months of the 270,000-dwt tanker’s Indian master Jasprit Chawla and for eight months of chief officer Syam Chetan.
“These guys are innocent and they have been locked up to appease public opinion, is all one can assume,” Glasgow-based Bishop retorted.
The officers of the 1993-built VLCC, owned by China’s Hosco and which spilled 10,500 tonnes of crude oil into the Yellow Sea after being struck by a falling crane from a Samsung-owned barge, were initially cleared of any wrongdoing by a lower court. The South Korean appeal court, however, later overturned the decision which placed the blame for the December 2007 incident almost entirely on Samsung’s door.
“This is all about pandering to the Korean public to make it look like Samsung was not totally culpable.”
“It is a straightforward publicity trick to march them out of court in handcuffs. This is going back to the times of barbarity.”
Bishop was baffled as to the continued detention of the officers over the course of the trial saying “they have posed no security risk. V.Ship, [the officers themselves], the Indian government, the owners have given all possible guarantees that they would return [for trial if allowed back home]”.
Although Bishop ventured that the company would “definitely be appealing” the sentences, he aired misgivings about the South Korean justice system.
“We’ve now passed from the realms of rational action to the realms of irrational action,” he said before adding, “One has to follow due process in large part because there is no other.”
Wednesday’s development also drew the ire of the International Transport Workers’ Federation (ITF) which called the judgements “incomprehensively vindictive”.
In a scathing riposte to the court’s ruling entitled ‘No justice for Hebei Two’, ITF maritime coordinator Stephen Cotton said: “This is not justice. It’s not even something close. What we have seen today is scapegoating, criminalisation and a refusal to consider the wider body of evidence that calls into question the propriety of the court.
“This decision is incomprehensibly vindictive and will impact on all professional mariners.”
Like Bishop, Cotton pledged the ITF’s support to the jailed seafarers saying: “The one thing we can promise today is that this isn’t over. The campaign to free these men will go on growing until the justice that was so glaringly absent in this court today is done.”
Guy Morel, general secretary of shipmanagement body InterManager, called the punishment meted out to the Hebei Spirit officers “a tragedy for the whole industry”.
Morel added: “It is unacceptable that these two dedicated seafarers should be treated in this way. They have behaved professionally throughout this sorry affair and are being made scapegoats by South Korea.
“These men followed correct procedures and ensured lives were protected but have been unfairly criminalised as a result. We believe that the evidence against them was flawed and manipulated and we will campaign vigorously on their behalf to overturn this unfair decision.”
Indian Seafarers Federation (ISF) Appeal
Here's an appeal from the unions to all.
INDIAN SEAFARERS FEDERATION (ISF)
National Union of Seafarers of India, The Maritime Union of India
NUSI Bhavan, 4, Goa Street, Udyog Bhavan, 4th Floor,
Ballard Estate, 29 Walchand Hirachand Marg,
Mumbai- 400 001. Ballard Estate, Mumbai- 400001
Tel: 22618368 / 9, Tel. No. 22613052 / 2261507
E.mail: nusi@vsnl.com E.mail: oceanite@vsnl.com
11th December, 2008
Dear Sir,
Sub: Unjust Judgement on “Hebei Spirit” issue
Shipping fraternity terms it “outrageous”
The ship “Hebei Spirit” was at safe parking (anchorage) in South Korea. It was collided by a tug-towed crane barge owned by Samsung Heavy Industries resulting in an oil spill. Capt. Jasprit Chawla and Chief Officer Syam Chetan were detained since December, 2007 in South Korea despite being proved innocent on 23rd June, 2008 by the Court. The matter went into appeal. Mr. Roberto Giorgi, President, V. Ships, Technical Managers of the Hebei Spirit, commented “on the possibility of Samsung and Korean authorities ‘colluding’ for the retrial to overturn the initial “innocent” verdict for both Master and Chief Officer, brought down on June, 23, by another Korean judge”. This is exactly what had happened.
Justice was denied when the judgement, which was delivered on December 10th 2008, found Capt. Jasprit Chawla and Chief Officer Syam Chetan guilty and sentenced them for 18 months and 8 months respectively. The two Indian seafarers were handcuffed and paraded in blatant disregards to human rights. This is yet another example of criminilisation of seafarers.
In the meeting held between the stakeholders of shipping fraternity i.e. National Union of Seafarers of India (NUSI), the Maritime Union of India (MUI) Foreign Owners Representatives and Shipmanagers Association (FOSMA) Maritime Association of Shipowners, Shipmanagers and Agents (MASSA) and the Indian National Shipowners Association (INSA) the following was decided.
1. Appeal to more than two hundred thousand seafarers, their family members, and other proud Indians to boycott Korean products especially Samsung.
2. Appeal to Indian shipowners to review the orders placed for new ships presently being build in Korean shipyards which runs into billions of dollars.
3. Appeal to shipowners to stop operating ships, particularly tankers, to Korea.
4. Appeal to seafarers worldwide to seriously reconsider before entering Korean waters and ports as they might meet the same fate as seafarers of “Hebei Spirit”. Such a boycott by seafarers will have severe consequences on the Korean economy.
5. We have also approached Mr. Abhinav Bindra and Mr. Aamir Khan who are brand ambassadors of Samsung products to support the cause of Capt. Jasprit Chawla and Chief Office Syam Chetan.
6. Seafarers are apprehensive to go to Korean waters after the judgement, in the same way, as they are apprehensive to go to the waters of Somalia.
Yours faithfully, Yours faithfully,
(Abdulgani Y. Serang) (S. S. Khan)
General Secretary-cum-Treasurer General Secretary
National Union of Seafarers of India The Maritime Union of India
INDIAN SEAFARERS FEDERATION (ISF)
National Union of Seafarers of India, The Maritime Union of India
NUSI Bhavan, 4, Goa Street, Udyog Bhavan, 4th Floor,
Ballard Estate, 29 Walchand Hirachand Marg,
Mumbai- 400 001. Ballard Estate, Mumbai- 400001
Tel: 22618368 / 9, Tel. No. 22613052 / 2261507
E.mail: nusi@vsnl.com E.mail: oceanite@vsnl.com
11th December, 2008
Dear Sir,
Sub: Unjust Judgement on “Hebei Spirit” issue
Shipping fraternity terms it “outrageous”
The ship “Hebei Spirit” was at safe parking (anchorage) in South Korea. It was collided by a tug-towed crane barge owned by Samsung Heavy Industries resulting in an oil spill. Capt. Jasprit Chawla and Chief Officer Syam Chetan were detained since December, 2007 in South Korea despite being proved innocent on 23rd June, 2008 by the Court. The matter went into appeal. Mr. Roberto Giorgi, President, V. Ships, Technical Managers of the Hebei Spirit, commented “on the possibility of Samsung and Korean authorities ‘colluding’ for the retrial to overturn the initial “innocent” verdict for both Master and Chief Officer, brought down on June, 23, by another Korean judge”. This is exactly what had happened.
Justice was denied when the judgement, which was delivered on December 10th 2008, found Capt. Jasprit Chawla and Chief Officer Syam Chetan guilty and sentenced them for 18 months and 8 months respectively. The two Indian seafarers were handcuffed and paraded in blatant disregards to human rights. This is yet another example of criminilisation of seafarers.
In the meeting held between the stakeholders of shipping fraternity i.e. National Union of Seafarers of India (NUSI), the Maritime Union of India (MUI) Foreign Owners Representatives and Shipmanagers Association (FOSMA) Maritime Association of Shipowners, Shipmanagers and Agents (MASSA) and the Indian National Shipowners Association (INSA) the following was decided.
1. Appeal to more than two hundred thousand seafarers, their family members, and other proud Indians to boycott Korean products especially Samsung.
2. Appeal to Indian shipowners to review the orders placed for new ships presently being build in Korean shipyards which runs into billions of dollars.
3. Appeal to shipowners to stop operating ships, particularly tankers, to Korea.
4. Appeal to seafarers worldwide to seriously reconsider before entering Korean waters and ports as they might meet the same fate as seafarers of “Hebei Spirit”. Such a boycott by seafarers will have severe consequences on the Korean economy.
5. We have also approached Mr. Abhinav Bindra and Mr. Aamir Khan who are brand ambassadors of Samsung products to support the cause of Capt. Jasprit Chawla and Chief Office Syam Chetan.
6. Seafarers are apprehensive to go to Korean waters after the judgement, in the same way, as they are apprehensive to go to the waters of Somalia.
Yours faithfully, Yours faithfully,
(Abdulgani Y. Serang) (S. S. Khan)
General Secretary-cum-Treasurer General Secretary
National Union of Seafarers of India The Maritime Union of India
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