The world’s largest shipping association, BIMCO, warns of the risk of unwarranted arrests and severe prison sentences faced by crews when drugs are found on a ship in certain ports.
A number of Turkish ports, particularly on the Black Sea, have recently been drawing attention due to their lengthy legal processes and long sentences; 30 years in two cases, notes BIMCO, adding that it is aware of other ongoing criminal investigations in Türkiye and other countries, including Colombia.
“Limited understanding of merchant ship operations can lead judges to believe that hiding drugs onboard or attaching them to the ship’s hull is impossible without the crew’s knowledge,” BIMCO says, adding that the slow pace of legal procedures in certain countries can detain crew members and shipowners for many months.
According to BIMCO, lately, there have been instances where ships and their crews arriving from South and Central America have been detained seemingly without valid justification.
In two recent court cases, crew members were given very long prison sentences with judges concluding that hiding drugs onboard or attaching them to the ship’s hull is impossible without the crew knowing.
“Such instances are both concerning and surprising,” BIMCO highlights.
In many jurisdictions, drugs found on board or attached to the underwater hull would not be considered evidence connecting the crew to hiding the drugs on board their ship. “Unfortunately, and disappointingly, other jurisdictions take the opposite view,” it says.
With the increase in coca production, especially in Colombia, the maritime industry is increasingly targeted by drug smugglers looking for opportunities to get their product to market, typically in the U.S. or Europe.
All types of ships are at risk, and ports across South and Central America are exploited for smuggling purposes.
According to BIMCO, it is often incredibly difficult for the crew to completely prevent the ship from being used by drug smugglers.
However, it says there are measures that can be taken to reduce the risk, such as to provide education and regular briefings to crew on how smugglers operate, to undertake systematic searches of the ship and cargo in connection with port calls, including using sniffer dogs if available, and to increase vigilance during port stays e.g. locking doors and compartments of the ship during loading for areas not in use, deploying extra watchmen or extending the use of electronic surveillance such as CCTV.
By taking the above measures, BIMCO says, may reduce the risk, but they are by no means a guarantee that drugs will not be hidden onboard by smugglers.
“An exacerbating issue is the occasional complicity of law enforcement, port officials and security operators making it virtually impossible for the crew to ensure that no drugs are hidden on board or attached to the hull,” BIMCO explains.
