Seafarers suspected of committing a crime are entitled to protection against coercion and intimidation from any source during or after any investigation, according to new guidelines issued recently on the fair treatment of seafarers.
In September 2024, two seafarers were sentenced to 30 years’ imprisonment after drugs were found on a vessel.
The two crew members, who had already spent a year in remand prison, had their sentence handed down despite no evidence of wrongdoing.
The decision of the court has been strongly condemned from the maritime community and the International Transport Workers’ Federation (ITF) which said that this seems to be another case where seafarers are targeted on alleged smuggling charges despite a complete lack of evidence.
At the time the ITF called the decision “outrageous” which shows a “complete lack of understanding and respect for what seafarers do”.
“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 ITF added.
The rights of seafarers involved in investigations or detention have been the subject of discussions at ILO and the IMO for many decades.
Recently, new guidelines on the fair treatment of seafarers detained in connection with alleged crimes have been released by the International Labour Organization (ILO) and the International Maritime Organization (IMO).
The objective of these guidelines is to ensure that seafarers detained on suspicion of committing a crime are treated fairly during any investigation and detention by public authorities, and that detention is for no longer than necessary.
This will help ensure seafarers are treated fairly and not subjected to unjust criminalisation or unfair treatment.
As it is reported, the investigation of an alleged crime should not prejudice any applicable rights of the seafarer in terms of lodgings, subsistence, payment of wages and other benefits and medical care.
The third meeting of the joint ILO–IMO tripartite working group to identify and address seafarers’ issues and the human element, which met in Geneva on November 26–28, 2024 adopted guidelines on fair treatment of seafarers detained in connection with alleged crimes.
Following this adoption, the guidelines will now be forwarded to the IMO legal committee at its next session in March 2025 for adoption, as well as to the ILO governing body.
The objective of these guidelines is to ensure that the human rights and legitimate interests of seafarers involved in alleged crimes are recognized, that seafarers detained in connection with alleged crimes are treated fairly by public authorities, and that investigation or detention is for no longer than necessary, in accordance with the laws of the port or coastal States.
The guidelines contain guidance for port States, flag States, coastal States, States of which the seafarer is a national, shipowners and seafarers.
