Monday, June 20, 2011

Delusions, Confusions, Illusions and some Conclusions - the Fate of Poor Fishermen Hijacked by Somali Pirates

After a lengthy ordeal at the cruel hands and rare mercy of Somali pirates, two Sri Lankan fishermen, famously known as the "Two Fernando's", have returned to Sri Lanka and are re-united with the their families - a fact we had reported already earlier.

After a long drive into the south of the country and to their village, our correspondent could now record their statements and reported from this exclusive and first hand interview their account of what really happened.

Thereby we are able to determine some important facts and received clarifications, which together with our previous reports, provide a clear picture now.

The Sea Wolves Hunt The Indian Ocean

Last year a gang of Somali sea-shifta had come across a group of fishing vessels from Thailand, which had been fishing illegally in the Indian Ocean for Tuna with fake licences from. The Somalis captured this fleet of three Thai fishing vessels on April 18, 2010 with a total crew of 77 sailors off Minicoy Island, which belongs to India, but in the fishing grounds of the Maldives, where these vessels also had no permission to fish.

After it became clear that the demanded ransom would in no way come forward, the Somalis who had captured the vessels then made other financial arrangements with new stakeholders, and the two faster boats of the fleet, Prantalay 11 and 14, were used for piracy missions before they were later intercepted by the Indian navy, who sunk FV PRANTALAY 14 and freed FV PRANTALAY 11 - in both cases with heavy losses of lives, including innocent crew members.

Finally also FV PRANTALAY 12 sailed on November 16, 2010 from the Somali coast to the high seas of the Indian Ocean in a renewed bid to capture more valuable prey, which would provide for a return in the form of a ransom.

At that time, there were 23 of the FV PRANTALAY's original crew onboard. Already three fishermen had died during the hostage ordeal, since no medical care had been given to them - neither by their shipowner nor the Somali hostage takers. Even though FV PRANTALAY-12 was kept for a longer time just off the shore of Somalia than the other two vessels of the fleet, the conditions under which the crew had to survive were unbearable for some. Despite their frail state, the crew had to work on the new piracy mission and were used as human shields.

On 30 November 2010 the gang of sea-shifta on FV PRANTALAY 12 then intercepted the Sri Lankan fishing vessel FV LAKMINI 3, which had developed engine trouble and was drifting while attempts to repair the engine were in progress. The fast skiff was launched from the PRANTALAY 12 and the Somali pirates boarded the FV LAKMALI 3 taking control of the vessel and its 26 crew members.

Immediately the skipper, who was in the engine room supervising the repairs, was severely beaten-up by the pirates, who believed he was disabling the engine. After the Somali pirates failed to get the engine running, they stole everything they could lay their hands on from the vessel and crew, including fuel, food, communications radios, navigational equipment, like GPS etc., as well as the personal property of the sailors. The Somalis then left the FV LAKMALI-3 threatening to blow them out of the water. FV LAKMALI 3 later limped to the nearest shore, where Indian authorities arrested the crew and impounded the vessel, believing at first that the Sri Lankans actually had operated in cohorts with the Somali pirates.

The next day, after the FV LAKMALI 3 and its crew were robbed and left for dead, the Somalis intercepted her sister ship the FV LAKMALI 1 on November, 31 2010. Among the crew members on this Sri Lankan fishing vessel were the two Fernando's, Lal and Sugath Fernando, who are not actually brothers but carry the same family name and hail from the same home area.

About 50 Somali pirates were on the FV PRANTALAY-12 when FV LAKMALI-1 was boarded and taken under Somali pirate control. At the time of the attack, the FV PRANTALAY 12 had only a single attack skiff in tow. The Somali pirates in that fast skiff, with a 40 h.p. outboard motor, were able to very quickly approach the FV LAKMALI 1 and overpower the crew.

Having first rounded up the crew and then removed the radio, the Somalis commandeered the vessel from then on. Three more Somali pirates were brought on board to hold the crew at gunpoint, and three of the Sri Lankans, including the two Fernando's, were transferred from the FV LAKMALI 1 to the FV PRANTALAY 12, where they were held hostage and were used as pawns to subdue the Lakmali crew in case they tried to revolt.

New Hunt with Fresh Launch

That same evening, the commander of the pirate group gave orders to transfer fuel from the FV PRANTALAY 12 to FV LAKMALI 1 and about 20 Somali pirates and one of the three Sri Lankan's taken earlier to the PRANTALAY 12 were brought to man the FV LAKMALI 1 together with the rest of her crew.

Already that night the pirated FV LAKMALI 1 sailed with a course 270 degrees into the Indian waters to hunt for a merchant ship, while the PRANTALAY-12, with the two Fernando's on board, remained as rear guard in her position for two days.

Naval Encounter

During the night of the second day after having captured and sent the FV LAKMALI 1 off as hunter, at around 22h00 local time a naval vessel approached the PRANTALAY 12 and shined a strong search light on the hostage vessel.

Immediately the remaining 30 or so Somali pirates mustered all the hostages from the Prantalay crew on deck, including the two Fernando's,.and pointed guns at their heads. The Somalis were fully armed with AKs, GMPGs and RPGs, unabashedly displaying their threat to kill the hostages, and the naval vessel backed off.

Before daylight the next morning, the Somalis ordered all the hostages to the bow of FV PRANTALAY-12 and kept them there at gun point.

Soon the naval vessel closed in again and the pennant No 64 was clearly visible. It was the Indian warship INS Karmuk (P64), a Kora class corvette of the Indian navy.

A stand-off between the naval vessel and the pirate ship ensued, but the Indians could only launch their on-board helicopter, which circled the FV PRANTALY-12 making videos and shooting pictures.

The Somali pirates completely defied the naval vessel's calls to surrender and made headway with maximum speed towards Somalia. The naval vessel managed to shadow the FV PRANTALAY-12 all the way to the Horn of Africa, though the pirates made several attempts to loose their pursuers and criss-crossed the vastness of the Indian Ocean, but they could not shake them off, and finally the vessel's fuel ran low, which forced the pirates to return to the Somali coast.

Around 200nM from the coast of Somalia another naval vessel arrived nearby and took over monitoring of the PRANTALAY-12 all the way up to the Somali shore close to Garacad where the fishing vessel had been anchored already before. The change-over at the 200nM boundary from the Indian navy to the other warship, which so far has not yet been identified, is one of the rare evidences showing that at least the government of India still respects the 200nM territorial waters of Somalia established in 1972 and the 200nM EEZ of Somali, which was delineated in 1989 and is based on the United Nations Common Law of the Seas (UNCLOS).

At The Somali Shores

Upon arrival at the Somali shores, the two Fernando's found that the round and about 20 Somali pirates, who had departed with their FV LAKMALI 1 and the rest of their crew, had already arrived off the coast of Somalia after having successfully seized the Bangladeshi MV JAHAN MONI and had already brought the pirated vessel to anchor off the coast of Somalia, close to where PRANTALAY-12 was held earlier. At that time there were up to 10 large merchant vessels held there and more than a dozen large FV's including the other two PRANTALAY boats, Iranian FV's, Motorised Dhows and other boats.

For approximately two and a half months the two Sri Lankans were kept on board the PRANTALAY 12, suffering like the rest of the already abandoned crews of the Thai fleet.

Meanwhile the families of the Fernando's contacted the ship owner, as well as their government in Colombo, and demanded to know the whereabouts of their husbands, fathers and breadwinners and what was being done to rescue them.

The Sri Lankan government started to look for information and also contacted their diplomatic missions in the region.

Help Coming

Unknown to the Fernando's, the Sri Lankan embassy in Nairobi contacted a mediator and soon the numerous earlier rumours, ranging from "having been killed on the ocean", "having died on land", "were killed and buried by the Somalis" to "were taken by a navy ship" etc. could be laid to rest because it was reported to the diplomatic channel that the two seamen were found to be alive and they were being held in Somalia. The mediator began to work to alter of their fate.

Shortly thereafter the situation changed for the two Sri Lankans. All of a sudden they were transferred to the MV JAHAN MONI. However, on that vessel, the Sri Lankan fishermen reported, the Somali pirates were brutal and were meting out punishments for the slightest infraction. They had been particularly angry with the Indian seafarers and had claimed that they would kill all Indians and sink their vessels whenever possible.

But after only four days on MV JAHAN MONI the Fernando's were transferred again and this time they were brought to the previously pirated Tunisian tanker MT HANNIBAL II. There the situation was much better. The Tunisian Master of the MT HANNIBAL II was most helpful and even assisted the Sri Lankan's, after persuading the pirates to consent, to contact their families at home by satellite phone. For the first time during their long ordeal their families had a direct proof of life. The two Fernando's still are full of praise for the Master and his crew, which consisted of 3 Pinoys and 27 Tunisians.

The two Fernando's were then more or less intentionally "forgotten" on that vessel by the stealth helping hand until they gained their freedom when the MT HANNIBAL-II was freed.

While waiting, the Fernando's observed as other vessels were released and even MV JAHAN MONI was freed by her cruel gang of pirates after they received on 15 March a relatively substantial ransom by air-drop.

Meanwhile, unknown to the Fernando's, the whole operation by the mediator - tasked with getting the poor fishermen out without ransom - was seriously jeopardized when a charity in Sri Lanka suddenly went public and claimed they would solicit funds to free the Fernando's. The group believed that through the Roman Catholic Bishop Giorgio Bertin of Djibouti, who is the Vatican’s apostolic administrator for Mogadishu in neighbouring Muslim Somalia, they could make a difference. Luckily nobody in Somalia took notice, but the heart of the mediator had stopped for a moment, because he knew what would have followed if certain radical groups took stalk of the situation and used it to their advantage. Still, a certain move had to be made to counterbalance and divert the sudden "interest" of brokers, who had seen the media-piece and started to search for the two seafarers.

Without problems MT HANNIBAL-II was released on 16 May 2011 following a ransom delivery whereby a multimillion-dollar-sum was air-dropped in three parachuted containers on the 15 May 2011 at about 15h30 local time. The stash was quickly picked up from the calm ocean by a pirate skiff and brought to the vessel. Over 100 pirates including the chief of the pirates of Garacad had come on board to count and share the money, which took them all night.

The next day the pirates departed the vessel and the MT HANNIBAL-II Master got underway after contacting the French warship GUEPRATTE (F714) nearby, which was sent as naval escort. The French then sent a heli-borne commando to clear the ship and ensure that it was free of any Somali pirates. In addition a 20-man Vessel Protection Team was placed on board.

The released MT HANNIBAL II under escort by the French Frigate then arrived safely in Djibouti.

Freed But Not Yet Free

The crew of MT HANNIBAL II, who despite the their 127-day detention was in relatively good health, was able to leave Djibouti the next day on a military plane to Tunisia, the home country of most off them, while the two Sri Lankan's had to stay on board for a few more days. Though the Sri Lankan Government had been constantly informed by the mediator, their diplomatic missions were apparently unable to immediately provide the necessary travel documents for the two hijacked seafarers, who had lost all their possessions including their passports and their seamen's books

While the two Fernando’s were fully assisted by Gabes Marine Tankers, the shipping company of MT HANNIBAL II, as well as by the officers of the French warship Guepratte and the Djibouti authorities, it took major efforts to receive the assistance requested from the Sri Lankan missions in Nairobi, Dubai and Egypt.

During the time the two rescued seamen were waiting for the final repatriation arrangements in Djibouti, CARITAS Sri Lanka went again public and claimed that the Fernando's were still being held in Somalia, though their spokesman Mr. Anthonypulle had been informed of their safety on the 24 March 2011 by a security company who had received the correct information. But this time the mediator didn't need to worry since the Fernando's were safe. But CARITAS again e-mailed the Bishop in Djibouti to find the two seafarers and a news item on 26 March 2011 claimed that Caritas said the two Fernando's were still in Somali pirate custody, which caused a frantic search by Somali brokers, who hoped to find the suddenly "valuable" men. As the saying goes: "The road to hell is paved with good intentions!" and uncoordinated, overly public attempts to solicit money to pay a ransom can put hostages in grave danger.

Happy Return To More Confusion

Finally the Sri Lankan embassy in Egypt issued temporary travel documents, but not the means to travel. Fortunately again Garbes Tankers stepped in and arranged air-tickets for the two poor souls to fly home to Colombo via Dubai.

On 30 March 2011 the two seafarers arrived safely in Sri Lanka while CARITAS and the Bishop were still looking for them in Africa.

Unfortunately the Sri Lankan authorities had done very little for the two fishermen, like in the case of the Saudi-owned MT AL-NISIR-AL-SAUDI where 13 of the 14 crew were Sri Lankan. That vessel was finally released after the owner managed to pay a ransom, while the crew later confirmed that the Sri Lankan authorities had not done much in helping to free the pirated vessel or to assist the its crew. Often the real suffering of the returning seafarers starts, which can be demonstrated in the case of Indian seafarers rescued from MV LEILA, when the cases are “over.” In that case the Indian government now seeks to reclaim the US$850 airfare back from each of them and refuses to give them the permission to work until the debt would be paid back. But how can they ever pay the money if they are not allowed to work?

"The Sri Lankan authorities are often clueless and probably would be even more careless about these unfortunate, impoverished fishermen and sailors if it weren’t for a few righteous people on the outside, and they may still not have regained their freedom," the correspondent closed his report of the interview with the Fernando's, remarking, "unfortunately, the trauma of the seizure, kidnap and being held hostage for months had serious psychological effects on one of the Sri Lankan's who now requires counselling and perhaps even medical care."

But since the "diplomatic file" has been closed, observers wonder if there will be any help coming from the Sri Lankan government. That the Sri Lankan officials did not properly inform the families as they had promised became obvious upon the Fernandos’ arrival in Colombo when they were held up for a "debriefing" instead of receiving aid, and the families again worried why they couldn't return faster to their village.

Sri Lanka appears to still be deeply traumatized after the war against their Tamil population. Accusations of atrocities are traded between the government and the Tamils, while video footage of summary executions apparently committed during the Sri Lankan civil war appears to be convincing evidence of "serious international crimes [which can be war crimes or crimes against humanity]," a U.N. special envoy stated. "I conclude on the basis of the extensive technical evidence we obtained from independent experts that what is depicted in the video indeed happened," Christof Heyns, the U.N.'s Special Rapporteur on extrajudicial, summary or arbitrary executions, told the Human Rights Council in Geneva.

Until such time when the Sri Lankan government will have sorted out their own past, all Sri Lankans had better steer clear of any danger area where they might be kidnapped to Somalia, since clearly their officials are not really going to help them.

Source: www.international.to

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