Criminalisation: An International Issue

Find out more about how the International Transport Workers' Federation (ITF) is tackling the unfair treatment of seafarers following incidents and suspected maritime crimes

Criminalisation is one of the most serious problems facing seafarers today. When there has been a maritime accident or a pollution infringement, seafarers have often been detained and denied access to normal rules of fair play and justice with which to defend themselves against criminal charges.

In recent years seafarers are also increasingly being detained as suspects of maritime crimes, such as smuggling of illicit cargo, or anchoring illegally whilst awaiting clearance for port entry.

What is the ITF doing?

The ITF has released a helpful PDF guide that gives an overview of the criminalisation issue.

This guide details the problem,explains how the ITF is campaigning against it at an international level, and provides copies of the protections that are currently in place.

It includes a range of examples where the ITF has been involved in liberating seafarers, including the cases of MSC Capucine R (imprisonment without charge) and the Wakashio (detention without trial).

It also provides guidelines for seafarers when facing an investigation, including:

  • understand that when statements are made to a port, coastal or flag state investigation these may potentially be used in a criminal investigation
  • that you may need to receive legal advice prior to such statements, have access to interpretation services, and be aware of your right not to self-incriminate

What should a seafarer do?

- If you face an investigation or any other interaction with the authorities, it is best to contact your Union as soon as possible.

- Wherever you are, the Union can assist in organizing representation during interviews with investigating authorities, police and other organizations, as well as during subsequent official investigations.

The MTWTU can be contacted as follows:

+380 482 429 901

claim@mtwtu.org.ua

https://wep.wf/uvmj7n

To download the full ITF guide on criminalization, please visit https://www.itfglobal.org/en/resources/itf-seafare...

Translated with DeepL.com (free version)

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