Russia arrests eight over hijacking

a licari

Aug 18th 2009, 17:31

The more introspective comments here rationally refer to international law and jurisdiction - which makes interesting reading. The matter of the extension of the moratorium is being considered, although entrenching the abolition of the death penalty in the constitution of a country requires time and debate.Some people adamantly agree with the death penalty, especially if they know about horrible cases of torture, rape and murder of children or if someone among friends or family has been brutally murdered. Some others say that one has no right to take away a person's life whatever s/he may have done. Frankly I have mixed feeling about this. I agree that there may be mysterious circumstances in this case which we still have to learn more about. We cannot, however, sporadically arrive at a conclusion of mystery without considerable evidence that leads to a suspicion of mystery.

Raymond Sammut

Aug 18th 2009, 17:10

@ Tony Gatt

That is merely a technical point. Malta did not have the resources to carry out the search and rescue operation, and therefore had to cede authority to the Russians. How can Malta now be in a position to reclaim this authority? Jurisdiction will now remain with the Russians unless the Council of Europe would decide otherwise which, in my view, would hardly be the case. This considering that (1) it is the lives of Russian nationals that were put at risk, and (2) it is the Russians who have first hand information on the case. It would be practically impossible for the Maltese authorities to carry out all the necessary investigation procedures. The task is simply of mammoth proportion. Malta will surely have some role to play in the matter, but jurisdiction is sure to remain with the Russians.

Tony Gatt

Aug 18th 2009, 16:50

The Flag State i.e. Malta has jurisdiction over what happens to the hijackers and where they are tried.
@Tonna J. -I think you're right- you smell a rat and I think there's something fishy about this one!

Raymond Sammut

Aug 18th 2009, 15:35

@ Patrick Sciberras

A transhipment of illicit drugs never actually goes wrong, since it is wrong in itself. And in Maltese history we don't call them "pirates" as such; we call them instead corsairs. In fact, the "Sammuts", according to Wettinger, have been among the most active corsairs as it turns out. But that's too far in the past. Now we have moved on, obviously. Now we are in 2009, and pirates are simply considered as a no no by modern standards because they endanger the lives of seafarers and put assets at risk.

Patrick Sciberras

Aug 18th 2009, 14:57

We're judging these so called pirates while it is still not clear whether this was in fact an act of piracy. It could have easily been a covert action by some state or other or a transhipment of illicit drugs gone wrong.
And before we comdem all pirates to death, we should remember that our fore fathers made a fortune out of piracy. Indeed I beleive most of the "nobility" of the island owe there titles to money made from piracy.

Christopher Camilleri

Aug 18th 2009, 14:54

@ a.abela

The death penalty in Russia no longer exists. It was scrapped in the early 90s. In 1993 if i´m not mistaken.

Raymond Sammut

Aug 18th 2009, 13:48

@ a licari

... as a result of Russia being admitted into the Council of Europe. The moratorium, apparently, is effective until 2010, though the Russian PM has hinted that it will be retained beyond that date. In my view, the Russian judiciary should have custody of this case. It's the lives of Russian seafarers that were threatened, and indications are that ownership of the asset is also mostly Russian. Of course, there is also the motivation behind the hijacking. But considering that it was the Russian navy that ultimately had to do the search and rescue, there should be a strong case for the Russian authorities to retain jurisdiction.

a abela

Aug 18th 2009, 13:45

@ A Licari, it is still enshrined in the law.

a licari

Aug 18th 2009, 12:39

I am informed that there has been a moratorium on the death penalty in Russia since 1996.

Raymond Sammut

Aug 18th 2009, 11:49

@ a abela

Try ask yourself what would the outcome may have been had this ship been manned by a Maltese crew? Who was going to help the Maltese government retrieve its nationals?

a abela

Aug 18th 2009, 11:28

@ Joseph Micallef - how does the USA come into the picture of this event.

Tonna J.

Aug 18th 2009, 11:23

Seems to be a happy ending, but I still 'smell a rat'.

malcolm seychell

Aug 18th 2009, 11:07

If they come to Malta they will get probably a suspended sentence.

In Russia they get what they deserve.

Joseph Micallef

Aug 18th 2009, 11:04

@Mr. Abela - do you think that the death penalty only exists in Russia? What about the USA?

a abela

Aug 18th 2009, 11:02

Anton.
In Russia the death penalty is still codified.

Galea. L

Aug 18th 2009, 11:02

a abela
Pirates are known as hostis humani generis, enemies of mankind, and could be chased by any government ship, caught and prosecuted according to the laws of the state catching them.

Chrissey Zammit

Aug 18th 2009, 10:51

Piracy carries the death penalty, and should be implemented. NO if or BUTS end of story.

Anton Portelli

Aug 18th 2009, 10:41

@A Abela
Who are you Mr /Ms Abela to say that human rights are in their infancy in Russia? Have you ever been there? Or are you still influenced by all the western propaganda of the 60's?
Bring them to Malta to get a suspended sentence after burdening the country with so much expenses for their trial.
These people deserve a harsh sentence to say the least so that a lesson is given. Did they think about the rights of the crew when they pirated the ship.

A abela

Aug 18th 2009, 10:25

@ Paul Barratt, as long as its an International Court, not a Russian one, where the death penalty is allowed, it would be fine. May be a qualified lawyer with expertise in Maritime Law, can clarify

Paul Barrett

Aug 18th 2009, 10:22

@ a abela

I can understand your reasoning however I think we have enough Court work already going by the delay in some cases.

Actually this should be a clear case for an International Court rather than an individual Country to deal with.

Michael Neville Cassar

Aug 18th 2009, 10:20

A Abela I’m sure that you will not be so generous if you were a member of the crew... piracy carries the dead penalty. And I hope that they get it.

a abela

Aug 18th 2009, 10:02

One hopes that they are deported to Malta. Human rights laws in Russia are in their infancy.