Captain and chief mate sentenced without evidence to connect them to drugs found on vessel, after spending year in prison with crew awaiting trial.
The International Transport Workers’ Federation (ITF) condemns the decision to sentence two seafarers to 30 years’ imprisonment, after drugs were found on a vessel docked in the Black Sea port of Ereğli, Turkey, in October last year.
Captain Marko Bekavac and Chief Mate Ali Albokhari of the Phoenician M, who have spent a year in remand prison in Ankara, were sentenced to 30 years on Monday despite no evidence of wrongdoing.
The court did not immediately explain the decision to punish the captain and chief mate, stating that the sentence is based on ‘command responsibility’. According to Turkish law, the reasons for this decision must be provided by the judge within one month.
The Panama-flagged vessel was transporting coal from Colombia when police found 137kg of cocaine on board. The drugs were initially reported as on board the ship in the aft peak tank and seized by the authorities in Colombia.
An investigation was not launched at the time and the court did not seek any information from the Colombian authorities, despite the objections of lawyers in Turkey.
The captain immediately informed the ship owner of the discovery before leaving port. However, upon arrival in Ereğli, Turkish police found more cocaine in the cargo hold 2. There is also no information in the file about how the police knew there were more drugs on board and where to find them.
The crew learnt of the destination of the ship only three days in advance, and Captain Bekavac claims to have requested additional cameras and security before loading the cargo in Colombia. The company did not respond to his request.
No fingerprints belonging to the crew were found on any of the bags containing drugs on the ship.
General Secretary of ITF affiliate, the Croatian Seafarers' Union, Neven Melvan, said: “This decision is outrageous and shows a complete lack of understanding and respect for what seafarers do.
“This seems to be another case where local officials, keen to look effective against drug trafficking, are targeting seafarers on alleged smuggling charges despite a complete lack of evidence.”
Eight other members of the 20-person crew from the Philippines, Poland and Russia were also arrested and spent a year in prison, before all charges against them were dismissed at the hearing for lack of evidence.
This raises question about why these crew members, some of whom had no responsibilities relating to cargo loading, were held in prison for a year if there was not sufficient evidence to convict.
In court, the crew spoke of their desperation to return home to their families – many of whom rely solely on their income.
ITF Seafarers’ Section Chair and President of the Seafarers International Union of North America, David Heindel, said: “The criminalisation of seafarers has become commonplace.
“We see case after case just like this one: seafarers are treated like criminals, held for months on end without trial, and handed outrageous sentences for crimes they did not commit - a gross abuse of their human rights.
“This is the only profession in the world where people are guilty until proven innocent.”
The ITF is calling on the global maritime community to challenge this decision and stand up for the rights of seafarers.
Heindel added: “We will fight this decision until acquittal.”
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About the ITF: The International Transport Workers’ Federation (ITF) is a democratic, affiliate-led federation recognised as the world’s leading transport authority. We fight passionately to improve working lives; connecting trade unions from over 150 countries to secure rights, equality and justice for their members. We are the voice for nearly 16.5 million working women and men in the transport industry across the world.
Media contact: Rosalyn Smith +44752 222 9623 media@itf.org.uk
