Anger as tanker captain 'whisked away under cover of darkness' by US authorities
Captain of vessel now on board US Coast Guard clipper
The solicitor representing the family of a captain of a Russian-flagged oil tanker that was seized by US authorities off the coast of Scotland has said there are “serious constitutional and legal concerns” after he was taken out of UK territorial waters.
Aamer Anwar, who is representing Natia Dzadzama, the wife of Avtandil Kalandadze, said the Georgian-born national appeared to have been “whisked away under the cover of darkness” by US authorities, and said the UK and Scottish governments had questions to answer.
In a development that made headlines around the world, the US seized the Marinera in the North Atlantic earlier this month, before sailing it to the Moray Firth, off the coast of Burghead.
On Monday, Ms Dzadzama’s legal representatives lodged a petition with the Court of Session in Edinburgh seeking an emergency order to prevent the ship and those on board being removed from the jurisdiction of the Scottish court.
In a late night hearing that day, Lord Young granted an interim interdict prohibiting the Advocate General for Scotland , the Lord Advocate and the Scottish ministers - or anyone acting on their behalf - from removing the captain and the crew of the Marinera from the territorial jurisdiction of the court.
However, Lord Young subsequently recalled the order, having heard that Mr Kalandadze and the tanker’s first captain had already left UK waters.
Solicitor General Ruth Charteris KC, representing the Lord Advocate and Scottish ministers, told the court that both individuals were now aboard the US Coastguard vessel Munro, with the US Department Justice having confirmed their current whereabouts to Scottish authorities in an email sent shortly after 3am on Tuesday.
Now, Mr Anwar said Ms Dzadzama’s judicial review can no longer be enforced because her husband had “in essence been abducted by the US government on Scottish and British territory.”
In a tersely worded statement, he said: “Whilst President [Donald] Trump may have no regard for international law, the UK authorities have been complicit in the US’s total disregard for the rule of law and international obligations with its closest ally.
“There has been a shameful silence from our prime minister. A dangerous precedent has been set as the US should not have the power to arrest people under our control - these people have been denied their most basic human rights right under our noses, whilst the UK knowingly assisted the US ‘abduction’ of two men from Scotland to avoid the judicial review taking place.”
He added: “These events raise serious constitutional and legal concerns. The removal of individuals from Scottish jurisdiction could not have occurred without the knowledge and cooperation of UK authorities.
“It is equally implausible that the Scottish Government was unaware of these arrangements. What has taken place is the effective removal of individuals from the jurisdiction in the face of live judicial review proceedings.”
The latest Court of Session hearing was told the 26 crew members had left the Marinera - formerly known as Bella 1 - and been processed at the Army reserve centre in Inverness. Ms Charteris said none of them have claimed asylum, according to Police Scotland.
Five members of the crew wished to travel to the US, while 21 wanted to travel elsewhere, the court heard. Ms Charteris said the group were staying at a hotel in Elgin, Moray on Monday night and that "it is hoped that they can proceed with their plans to return to their homes.” Lord Young asked whether their decision to return home is voluntary and Ms Charteris said it was.
The solicitor general said Scottish ministers and the Lord Advocate had never at any point detained the crew, captain or first officer and have never had them in their control, and that no individual has been arrested or detained by any Scottish authority.
She said Lord Advocate Dorothy Bain KC received a request for mutual legal assistance issued
by US authorities on 16 January, which she granted subject to specific assurances and conditions to ensure the safety and wellbeing of the crew.
She said it was a key requirement of this that all 28 individuals onboard the tanker were to be brought ashore to Scotland. However she said the request for mutual legal assistance was withdrawn on Sunday and confirmed in writing on Monday, meaning there was nothing the Lord Advocate or Scottish ministers could do about the situation.
Chris Pirie KC, representing the Advocate General, said the UK Government did not oppose the Solicitor General's motion for the interim interdict to be recalled and the order ought not to stand in the way of the crew leaving voluntarily.
However, Clare Mitchell KC, representing Ms Dzadzama, said the situation was "highly unsatisfactory".
She said: "The very thing we were concerned about, which was the captain and first officer remaining here under the protection of our authorities and our court, has now been taken out of our hands by them having been removed."
Lord Young agreed to recall the interim interdict for all three respondents, namely the Advocate General for Scotland , the Lord Advocate and Scottish ministers.
Chloe Oakshett, managing associate at Addleshaw Goddard LLP and a leading shipping and maritime lawyer, said that in practical terms the order that had initially been granted had “limited impact,” because there seemed to be no suggestion that the Advocate General, the Lord Advocate or the Scottish Ministers “ever had meaningful control over the captain.”
In his statement, Mr Anwar said that only when the Court of Session received the petition for judicial review on Monday morning were steps taken to move the individuals “within a matter of hours.”
He hit out: “There has been no public explanation from the Lord Advocate, the Scottish Government or the UK government. It should not fall to the wife of a detained captain to compel scrutiny of this international scandal.”
A UK government spokesperson said: “Deterring, disrupting and degrading the Russian shadow fleet is a priority for this government. Alongside our allies, we are stepping up our response to shadow vessels – and we will continue to do so.
“At the request of the US authorities, crew members have been allowed to disembark for onwards travel. They will be processed in line with all appropriate immigration and legal requirements.”
The Scottish Government has been contacted for comment.
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