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8/2/2019 Fatal Shooting of Indian Fishermen
1/1
FatalShootingofIndianFishermenbyDrJeanPieGauciMaistreAdvocate
B.A.,MICS,MSc(WMU),LL.D.
In reality I think it was a matter of when and not if, for it was something that was bound to happen.
Unfortunately,two
armed
ship
guards
serving
on
board
the
Aframax
tanker
Enrica
Lexie
have
been
arrested
in
IndiafollowingthedeathsoftwoIndianfishermenfromgunshots. Indiahassofarinsistedthatthetwoship
guardswillfacetrial.
FairplayreportedthattheItalianguardsfiredatthefishermenaftermistakingthemforpirateson15February
offKochiwhilstthedAmatoFratelliownedvesselwasenroutetoPortSaid.GiventhattheshipwasinIndian
waters during the deadly incident India has the right to prosecute under Indian law, as stated by Kerala
directorgeneralofpoliceJacobPunoose.
This incident is set tohave far larger implications for the shippingcommunityat largeand itbehoves flags
States tomonitor the situation closelyand takeanynecessaryproactivemeasures. For instance,Hellenic
ShippingNewsand theHinduBusiness Linehave reported that Indiasmaritimeadministration is seriously
consideringmakingflagStateendorsementsmandatoryforallforeignmerchantshipsenteringIndianwaters
witharmedsecurityguardsonboard. Bydoingso theywillshift responsibilityof theactionsof thearmed
guards onto the Government of the country in which the ship is registered, that is, the flag State. The
jurisdictionalissuesthatcanandwillariseareboundtotesteventhemostknowledgeableprivateandpublic
internationallawexpert. Tobeginwiththeshipcouldbeownedbyacompanyregisteredandoperatingoutof
one country butmanaged by a company registered and operating out of another. The privatemaritime
securitycompany(PMSC)couldbesetupandoperatingoutofanotherjurisdictionwithitssecuritypersonnel
being of various nationalities. Then there is the flag State of the vessel which has to be taken into
considerationas
well
as
the
location
of
the
vessel
at
the
time
of
the
incident,
that
is,
territorial
or
international
waters. Thenationalityof thevictims couldalsoplaya role. Furthermore, securitypersonnel could cross
variousjurisdictionsinordertosignonandoff. Itis littlewonderthereforethatIndianGovernmentofficials
wantflagStatestoshoulderresponsibilityforrecklessactsbyarmedmenonboardtheirregisteredvessels.
However,historyhasshownusthatsuchjurisdictionalissueswillnotberesolvedsoeasilyorsoquickly.
Nonetheless,aswiftandthoroughreport isessentialtogettothebottomofthis. Armedguardshavestrict
instructionsthatshoottokillisalastresort. TheMaltaflagadministrationwouldnotallowanythinglessandit
is the same forother flagadministrations. The rulesofengagementnormally require that thehullor the
engineare shotat, ifnecessary. So, itmustbeestablishedwhy thearmedguardsonboard theMTEnrica
Lexieshot
at
the
fishermen.
Was
it
areckless
act
or
did
the
fishermen
get
too
close
to
the
tanker
and
ifso,
why? To think that this incidentwill be a one off ismost probably naive. It is for this reason that it is
imperativethattheIndianauthoritiesgettothebottomofthisswiftly. Onlythenwillauthoritiesaroundthe
worldbeinapositiontotakethenecessaryaction.
This article is published on the blog of the Economicard Group of Companies
http://maltabusinessblog.com/2012/02/27/fatal-shooting-of-fishermen/
The content of this article is intended to provide a general guide to the subject matter. Specialist
advice should be sought a bout your specific circumstances.