Reclaim the Seas

Day 77 of the Trial

2012-02-22T18:57:00.003+01:00


The trial has been separated today into two parts: part one consists of the 3 under-age defendants and 2 of the adults, the other part consists of the remaing 5 adults. The split was due to two factors. One was information received from the German police in India, who had confirmed that the full addresses of the crew of the dhow HudHud, which was allegedly used as the mothership, were known. This means that they can be called as witnesses. This has been applied for (repeatedly) by the lawyer of the oldest defendant. The other factor deciding the severance was a ruling by a higher court that the youngest of the accused would have to be released from custody by the end of March. For the judge there were two opposing needs: the need to finalize the trial for the under-age defendants by the end of March and the need for the Indian witnesses to be heard. Therefore the judge decided to reward two of the adult defendants, who had given full admissions early on in the trial, by assigning them to the group that will finish early. The trial for the remaining five will continue with the examination of the witnesses. We suspect that the reason why the four adults, who hadn't applied to have the Indian witneses heard have been grouped together with the one other defendant is that the judge is expecting that the Inidan witnesses may contradict the stories of these four. We say: FREEDOM to all!

When all seemed to have been settled, the lawyer of the youngest accused stated that his client had grown by 4 cm while in prison. This is significant because at the beginning of the trial, his 'official' age had been determined by dubious methods of the forensic institute of the Hamburg University Hospital, and was found to be 'fully grown'. Because fully grown people don't normally just grow by 4 cm, this indicates that the process of age assessment may have been flawed. This could have ramifications on the trial, because the court had operated on the assumption of the 'official' age of the defendant. But maybe the judge will find a way to declare his body to have grown illegally and everything will be in order.

Day 76 - 20 February 12 - nothing happens except long breaks

2012-02-22T08:18:00.001+01:00

In between the breaks, there were pieces of 2-3 minutes of trial.

Just like before, the court decided to reject an application to hear witnesses from India who could have exonerated one of the defendants - and with the same reasons as before: it would take too long for them to get the summons. One of the defence lawyers had researched the possibilities of sending a summons to the witnesses but the court wasn't interested. It appears the court is only interested in hearing witnesses for the prosecution.

The result was another challenge to the judge on the basis that this refusal to hear defence witnesses made it clear that the judge had already decided the verdict.This means that the trial is on hold again, while the challenge is decided by another court. We expect the result to be that the challenge is declined, just like the previous times.

All lawyers have agreed to a severance of the trial, so that the witness can be heard without the other defendants having to wait. This is an issue particularly for the three under-age defendants, who should not have spent such a long time imprisoned.

Tial starts tomorow: 22.02. at 10.30 !!!!!

2012-02-21T14:58:00.004+01:00

A question about International laws.

2012-02-21T00:21:00.001+01:00

we got this email question and information and want to forward it, in case someone has an answer:

Two indian Fishermen have been killed a few days ago by Italian security forces on an italian ship. The indian government wants to bring them in front of the court. The italian authorities say, that this is not possible according to international law, because the fishermen were killed in international water. How comes then, that the Somalis are being judged here. It would be very nice to find out what international law says here.

http://www.joc.com/piracy/italian-vessel-guards-accused-killing-indian-fisherman

Call for solidarity – trial coming to an end

2012-02-19T16:50:00.002+01:00

The so called 'Hamburg Piracy Trial' will be coming to an end soon. The verdict and sentence have not been passed but the the prosecution has asked for harsh sentences. We are calling on everyone to show solidarity and oppose the racism and neocolonialism that this trial has shown.

Almost two years ago, the ten Somali men and boys were taken to Germany to be put on trial. The initial interest of the media and the public at the beginning of the trial on 20 November 2010 quickly died down, after the first weeks were spent with the lengthy assessment of the defendants' age. Because the court wouldn't trust the Somali documents or the statements of one of the defendant's mother, German 'experts' were called in who proceeded to determine the defendants' age according to dubious European standards.

After the crew of the MV 'Taipan' and Dutch navy witnesses had described the events on board the ship, the public gallery, as well as the press benches became depleted. The statements of the two white 'experts' regarding the situation in Somalia was of little interest – even to the court. Instead, evidence in form of mobile phones, SIM cards and photos of bullet holes were presented.

When finally the defendants got to talk, the depressing living conditions in Somalia became obvious. The judge had promised them that the individual circumstances of each of them would be taken into account in order to achieve a 'fair outcome'. The defendants put their trust in the fairness of the judge and told their stories about hunger, violence, war and destruction, the loss of their parents, brothers and sisters as well as their own children.

During this time, several people started to visit the three under-age accused in the youth detention centre, as well as some of the adults. During the course of the trial, several of the accused reported suffering from insomnia, head aches and psychological problems. Their main worry, they said, was not for themselves but about their families back home, who had lost a father, husband or son.

From a legal perspective the trial has been a farce because none of the applications by the defence were granted. From the dubious age determination contrary to the defendant's own birth certificate, to the refusal to grant bail to the under-age accused – which in the case of German defendants would have been granted without a doubt – to the refusal to call any witnesses from Somalia who might have exonerated the accused. Some applications were simply dismissed as 'insignificant'.

It soon became clear that the purpose of the trial was to set an example. The trial was not about the individual guilt or otherwise of the ten accused, but rather about the interest of the European trade, fishing and waste disposal industry. People who have followed the trial have been shocked by the arrogant ways of the court. It has become more and more clear that this was about a demonstration of power by a European nation and a public justification for the military mission 'Atalanta'.

Those who have been visiting the accused are telling of fear, depression and hopelessness that has gripped the ten since the address by the prosecution. One of them asked the judge: “I don't understand what justice means here. Is it only there for Germans?”, making the racist nature of the trial clear.

We are therefore calling on people to come to the last few days of the trial. The defence will probably give their closing addresses this coming week and next week. Don't let this trial end without critical voices being heard!

Postscript to day 75

2012-02-19T15:55:00.000+01:00

During the last trial day, the judge reported about an email from the German Federal Criminal Police (BKA), stating that the investigations to track down potential witnesses for the trial had been taken over by the local Indian police.

What we forgot to mention is that the judge used the term 'regrettably' in this context. Obviously the judge finds it natural that the German police should conduct their own investigations in other countries, and considers it an insult if the authorities of that country dare to interfere with that. The same sentiment had been shown before by a German police witness who inspected the Taipan in Dubai – he was complaining that his team hadn't been allowed to board the ship alone and had always been accompanied by the Dubai police.

Court report from day 75 – 15 February 2012

2012-02-16T00:01:00.001+01:00

None of the defence lawyers are objecting to a severance of the trial any more, and none of them are planning to introduce new applications.

What happens next depends on the pending application by one defendant to have the Indian crew of the dhow called as witnesses. The application has been going for a while and was last left with the judge declaring it too difficult to track the witnesses down, because – although a street name is known – the street was too long to find someone. Today, the judge said that the court had tried to establish contact with the port authority of the port where the dhow was registered, but that the contact person no longer worked their and their offices had moved. Also the court has received an email from the German federal police representation in India, stating that they have passed the request to find the witnesses on to the local police and that they expect to hear back from them by tomorrow. That will be the basis of the decision whether to hear these witnesses and therefore to split the trial. The judge indicated that, should the case get severed, there could be a number of different options.

This decision will be announced at the next court date on Monday, 20 February, 8 am.

74 Trial day

2012-02-10T23:29:00.018+01:00

FREEDOM ist written on the side miror of the prisoners transport

The accused say they don't need back the things that were taken away from them by the police: one flipflop shoe, some plastic bags, some pieces of paper. The judge asked the accused whether they want to get back any of this and one of them said:

I am not missing anything!
I don't expect anything, either!

On this trial day, the lawyers of most of the Somali requested severance of the trial. There is one lawyer who still demands to have additional witnesses heard to prove his client's innocence. Most of the other lawyers want to end the trial as soon as possible, and for their clients to finally know - after two years on remand - how long they will have to spend in a German prison.

The trial could eitehr be split into three parts:

the one who still wish witnesses to come (1)
the young ones (3)
the ones that have no witnesses anymore (6)

Or it could be split into two parts:

the one who wants wtinesses to be heard by the court (1)
all others (9)

The court wants to decide until the next trial day 15.2., 9.00 am.

A Letter to the Families of the Accused

2012-02-05T22:48:00.002+01:00

Letter to the mothers, wives, children and families of the Somali men in prison in Hamburg, Germany.

We write this letter although you don't know us and we don't know you. We write to you because we got to know these 10 boys and men on trial, whom you have been missing for two years.

Recently, the prosecutor has asked for long prison sentences for all of the accused. We don't know what the final verdict will be, but each of them have two lawyers who are trying to get the best result for them.

We want to assure you that your people are not completely alone here. We know that they miss you very much. A while ago, we decided to start visiting them. The younger ones have had visits for one year now. Not all of the older ones have been visited yet, but we hope that more people will join us, so that everyone can get visits.

We are a number of individuals who have been attending the trial and who feel a responsibility not to leave the Somali prisoners to themselves. We are not part of any organisation.

We started visiting them because we believe that it is important to show them that they are not alone in this country, a country that is foreign to them and where they were taken against their will. We want to show them that there are people who care.

Right now, the most important thing for them is to be able to talk to you, their families and friends, and we try to support this as much as we can.

We know that we cannot replace you, but we hope to make you feel a little bit more reassured knowing that they have some support here. You are welcome to contact us, and we hope to be able to answer your questions. Please be aware that we don't have any political power or financial means, and we have no influence on the trial or the verdict.

We end this letter wishing you and them that you may see each other again soon.

Hamburg, 5 February 2012

School Presentation about the Trial.

2012-02-05T12:11:00.004+01:00

In schools in Germany the pupils join for some weeks
a professional and acompany and follow the themes and
work that grown ups do.
Joan joined the so called "pirate" Trial , visited the court and
asked herself many questions about the reasons people in Somalia
dont see another possibility than joining the pirates.
For the presentation at the school last week she prepared this
small booklet , introducing her thoughts and experiances.
Pity that inprisonned youth can not be part of such projekts.
An exchange would have been richening for both sides.

A visit to the Theater school performance of: PARLEZ! produced by the theater group Geiheimagentur
in summer theater festival in Hamburg is also part of the presentation.

73 day of Trial, Six hours presence for 86 minutes of court.

2012-02-03T21:04:00.010+01:00

We definitly think that many " time management experts" would very much enjoy giving some advices to the Court. Here a visual timeline of the court day of the 73 day of Trial.
Yellow- are the times where we all where just waiting.
Green- the real court times.
All in all 86 minutes of court, spread in a six hours day
Every stop means that the acused are brouhgt away in the prison, the journalist and publik have to wait .

The judge insists on his new program to start everyday at 8 am.
Altough it was him and the Court who entered at 8.20, with 20 minutes delay.
Well.. We had noticed already before, that we are not in England...

While yeasterday the two first lawyers of one acused, could present their final speeches .
Today no lawyer could be heard .

The court started the day anoucing the decisison ( that everyone expected) that they follow the prosecut,ors proposal and deny both requests of the lawyer of one of the youths to hear as witness the psychiatrists who is
acompaniing the youth since the begining of the trial.
The reasons that he could asure that the younger one is having a very good behaviour in prison, that he is willing to learn, he works and it is obvious that since he is in germany he will not anymore have any reason to do something kriminal.
The court refused to hear the psychiatrist saying that they also take this for granted.
They will decide this and not a psychiatrist they said.

This was also concerning the second of the young ones . Actually the prisons direktor has asured in the past, that all three are behaving so well, that if all prisoners would be like them, they could dismiss half of the people working there.

Next was the refusal to introduce to the laywers and the court, material of the research of the german BKA police. What one of the lawyers had requested.
This refusal kept the court busy half the day and ended up with the lawyer saying that he doesnt acept this court to be fair and he refuses to continue the trial with them.
It is another court who decides about it, during the time the court is unable to continue working.

Its is not the first lawyer and also not the frst time, that the court is denied by the laywers.
Since it is their own kollegues who decide, its clear that they always decide that the judges are objektiv and schould continue the court case. The joke is that the judge who was denied by the lawyers reads on his own the decision that he is doing his job well.


some court observers believed that the prosecutor could only pronounce one word:	denyed!	....

Trial is coming to a close

2012-01-30T19:46:00.006+01:00

After the prosecution held its cynical and racist closing address last week, the trial seems to be finally coming to a close. Next, the defence lawyers will deliver their closing addresses. Depending on their length, this may only take a few more hearings.

The defendants are mostly in a state of shock. They have lost all trust in the German 'justice system' that took advantage of their willingness to make statements. They believed that if they made honest statements, the court would give them credit for that. Instead, they had to experience how every single word they said was turned against them and used by the prosecution as an argument for an even harsher prison sentence.

Come and support the prisoners by your presence during the final court days. The next dates are:

Wednesday, 1 February, 8 am
Friday, 10 February, 8 am
Wednesday, 15 February, 8 am

Prosecution is more cynical than we imagined

2012-01-26T09:35:00.006+01:00

During her two hour long closing address, state prosecutor Friederike Dopke demanded long prison sentences for all the

for the Prosecutor the "expert" age determination are more valid than the somali birth certificate or the letter of the mother confirming his age.

defendants today. For most of the adult defendants, she demanded 10 years, for one she demanded 7 years because of his 'good conduct' during the trial, and for one defendant she demanded 11 years. For the three juvenile defendants, she demanded
four years, five years and five years and six months.

We can't say that we are surprised about this. All the way through the trial, the prosecution has made it clear that they are not
willing to believe anything the defendants say. The prosecution objected to hearing any defence witnesses and they objected to
any application the defence made. They made absolutely no effort to investigate the circumstances that may have led the
defendants to attack the Taipan. We had the impression all along that the closing address was written before the trial had
started.

What did surprise us, however is the cynicism displayed in the reasoning for the long sentences for the under-age defendants
(one of whom produced a birth certificate showing that he was only 13 at the time of the alleged offence, but the Prosecution prefers to believe the German "Expert" in Age determination who decided that he is older than what his mother says)): only by being
imprisoned in Germany for a along period of time could they receive some education! The situation in Somalia didn't allow for
this. This statement, which also shows a staggering degree of racism, is particularly cynical because throughout their two year
long imprisonment in Hamburg, the teenagers have received almost no German language lessons, despite an offer of free
lessons from a teacher. This offer was declined by the prison management on the basis of equal opportunity: if the Somali
inmates were to receive these language lessons, then all other inmates would also be entitled. With this in mind, it is easy to
imagine how the three might be denied entry to any courses the prison might offer - due to their lack of German language skills.

trying to avoid getting fotografed against your will

Prosecution delivers closing address

2012-01-25T18:06:00.005+01:00

Today, the prosecution delivered their closing address, which took two and a half hours. The result in short is that they demand sentences of between 7 years and 11 years, 6 months for the adult defendants and between 4 years and 5 years, 6 months for the under-age defendants. More information will follow.

The figures. Damages suffered by the ship owners:
(including compensation paid to traumatised crew members) 1.06 million Euro
the acused should alltogether stay in prison for 81 years!

The scheduled hearing tomorrow, 26 January, is cancelled.

The “Piracy Trial” in Hamburg – part of European war logic

2012-01-24T00:01:00.001+01:00

Translation of an article written by one of the trial observers.

“The prosecution of alleged pirates is an important, deterring part of the actions against piracy” the web site of the German foreign office states under the heading of the EU anti-piracy mission 'Atalanta'. Since November 2010, ten Somali have been standing trial in Hamburg, three of them under-age, having the mentioned deterrence performed on them.

This is the first trial of its kind in Germany. The “alleged pirates” have been remanded in custody for two years and eight months – at first for a week on the Dutch frigate 'Tromp', chained to the deck and subject to dubious interrogations by the military intelligence service, then in a Dutch jail and then in pretrial custody for 17 months. The teenagers are held in the juvenile detention centre 'Hahnöversand', the others in Hamburg's remand prison.

For the court hearings, the under-age defendants are driven across town in a prison van, their hands and feet tied, where they join the others in an underground cell. From there they are brought to the court room, each by one guard. The press sits in the actual court room, the public – whose interest is waning - remains behind a glass wall.

Accompanied by two lawyers each, the defendants follow the proceedings via headphones, for up to six hours with one hour lunch break. Three interpreters translate every word between German and Somali. When a witness speaks in yet anther language, e.g. Dutch, English or Ukrainian, this is first translated into German and then into Somali. This procedure takes time and requires a lot of attention. Sometimes the accused suffer from headaches, but they are still not allowed to take their headphones off. Many of them are traumatised, their health is deteriorating. They can only follow the proceedings with the help of medication.

Some of the accused believed in the good will of the court and in justice and told their depressing stories of survival. They spoke of hunger, violence, war and destruction, the loss parents, siblings or their own children. The three judges and the jury (*) have been listening with interest. They too read the news headlines about the “drought and famine in Somalia”. Still, every application to have the defendants released on bail was declined. When the defendants want to contact their families somewhere in the refugee camps, they pay four Euros per minute for a phone call. There is obviously no real understanding here. And worse: every statement they made regarding the circumstances of the capturing of the German container ship with yet unknown cargo, is turned against them. In its reasoning when declining applications, the court talks about “flight risk”, about the risk of people (who aren't aware of this) “aiding and abetting” their escape and about “severe penalties”. The maximum penalty for adults is 15 years, for under-age accused it's ten years.

In the beginning, the court spent considerable time celebrating dubious ways of determining the age of the accused, then heard some of the crew of the Taipan and gave the Dutch navy officers, including staff of the military intelligence service, the opportunity to tell their heroic tales. The court heard German police officers give their forensic reports and heard white 'expert witnesses' on the situation in Somalia. As soon as that was over, the prosecution declared the trial over and wanted to proceed with the closing statements. At this stage, not even the required expertise from the youth court aid had been presented – despite the fact that the trial is actually a youth trial, owing to the fact that three of the accused are under-age. Moreover, not a single defence witness had been heard! Neither the prosecution nor the judge had made the slightest attempt to find a single witness for the defence. Instead, the defence had put a lot of effort into finding witnesses in Somalia, who would have been able to prove that the accused had been gang-pressed against their will – only to have all this ignored. All their applications to hear these witnesses were declined because there was no formal registration system in Somalia, because no postal service existed in Somalia, because the German embassy allegedly had no facility to skype, because no one could estimate how long it would take to travel from Somalia to Hamburg. The issue at stake here is a question of a guilty or a not guilty verdict.

At this point – at the latest – one had the impression that, as far as the prosecution was concerned, the trial could have been spared, apart from maybe the reading of the charges: “hijacking of a vessel” and “kidnapping”. The verdict seems to have been ready from the beginning. It doesn't seem to matter how impossible 'life' in this far-away country is, or how aggressive and colonial the economic interest of the trade ships, the illegal fishing or the dumping of waste are. The ignorance of the court exposes the trial as a legal farce. The only thing of interest appears to be the severity of the sentence. The purpose is to set an example, to practice deterrencea and to serve the political purpose – as usually in a political trial.

The court had the chance of making history by acquitting and naming the real power relations that are expressed in the so-called piracy off the Somali coast. All that was required would have been to admit the court's own inability to judge the circumstances. But every challenge for bias that was put to the court was declined as a matter of course.

Hamburg, 9 January 2012.

Statement by one of the accused on day 70.

2012-01-23T22:42:00.000+01:00

"I have a question, Mr. Judge. I was born in Somalia. I was brought here to Germany, we are now in Germany. I don't know my way around here. I don't know what justice is like here. Do you only represent Germans? Everyone should have their rights. Before I say anything, I want to know: is there justice here at all?

I have stated several times that I am not a pirate, but a simple fisherman. I was beaten, injured, almost killed. The Dutch navy recorded all this. Why is this not mentioned here at all? I told the Dutch that I am not a pirate and they believed me. In Holland, they took photos of my injuries – why weren't they considered?

I asked the court to send for the records, but you said no. I don't care about military secrets. The injuries have healed partially now, but they are still visible. I don't understand – everything is one-sided here.

I have a question to you: are you married, do you have a wife? Do you know about every phone call your wife makes? Do you know all the numbers?

I can prove everything, but I believe you don't want to know. Back then, when the Dutch took us for 800 miles, they did with us whatever they wanted. They were stronger.

You accused me of not being credible, that I had betrayed my wife. You are not credible by accusing me of that. You know nothing about my culture and you accuse me of not being credible. You should go to Somalia. I am very angry that you are accusing me of not being credible."

(The judge replied that he won't answer personal questions and referred the accused to the closing statements).

Day 70 - 20 January 2012- "Is the German court system only for Germans?"

2012-01-23T14:38:00.007+01:00

Still more telephone numbers. The judge tried hard to establish a conspiracy, while those accused who still say anything - most of them are refusing now because they have lost all trust in the court - explained that these are the numbers of their families.

One of the accused asked the judge whether justice was only to be had for Germans in a German court.

The day ended with the judge declaring the end of the trial and that the prosecutor will hold his closing address at the next hearing on Wednesday, 25 January.

Day 69 - 17 January 2012- The court wants to see our country through German eyes.

2012-01-23T14:32:00.005+01:00

Day 69 - 17 January 2012
More phone numbers keep the court busy. All the misterious numbers

turn out to be the numbers of the accused and their families.

Then a remonstrance by one of the accused:

"I had a lot of trust in the the German court.In Germany, this is totally different from Somalia. I trusted my lawyer and believed that the court would treat every thing I say carefully. That the court would take me seriously and not portray me as a liar. That is why I told the court my story. I never thought that the details would be used against me. I was very nervous. Everything was new to me: flying in a plane over foreign countries, food I had not known before. Also, I didn't want to incriminate my fellow countrymen. It is hard enough to be in prison. Everyone should say what they have to say and be responsible for their story. The court has tried to portray everything I have said in two days, and all the answers to the questions as lies. I have lost all trust in you! I was nervous. In Somalia, everything is different from the way it is in other countries. But the court wants to see our country through German eyes. When I hear that the court believes that it is better to be imprisoned here than to be free in Somalia, then this becomes very clear."

Day 68 - 16 January 2012

2012-01-23T14:23:00.008+01:00

Day 68 - 16 January 2012

The proceedings are getting more and more bizarre. The judge spent considerable time reading out 84 telephone numbers that were stored in the mobile phones which the accused had with them when they were handed over to the German authorities by the Dutch marines. Probably the first phone book that was created by a German court.

First the judge added another page to the special file 'Applications Declined'. This time it was a challenge from the defence on the grounds that it had come to light that the court had been informing the German Federal Criminal Office BKA, the Federal Police and the ship owners (who all have or had observers in the trial)of changes to court dates and times - whereas other observers were not informed. These observers were given reserved seats in the court room because the court had expected a lot of public interest. To the defence, this is shows a bias towards the prosecution. However, the judges who rule on these matters saw nothing wrong with it.

Then the judge spent hours reading out phones numbers that were extracted from mobile phones, obviously in order to create connections between the accused.
One of the accused states that he will no longer answer any questions by the judge because he has lost all confidence in the proceedings.

70 Day of trial! 20.1.12

2012-01-21T13:24:00.001+01:00

69 Trial day - 16.1.12

2012-01-18T07:43:00.001+01:00

I am afraid Mr.Judge that you are scared to find out the truth.

New Trial Dates up to the end of March!

2012-01-17T18:53:00.003+01:00

New trial dates have been set - leading to the end of March. Also the hearings in February and March will start at 8 am!

February 2012
Wed, 01.02.

Fri, 10.02.

Wed, 15.02.

Mon, 20.02.

Wed, 29.02.
Wed, 01.02.

March 2012
Thu, 01.03.
Mon, 19.03.
Fri, 23.03.
Mon, 26.03.

Fri, 30.03.  

68 Trial day

2012-01-17T18:42:00.004+01:00


today also the watches where going backwards, while for hours and hours the judge read out 84 telephone numbers found in the mobiles phones. It is probably the first Somali telephone book produced by a German court.


Probably also the dial keys on the phone where backwards, only no-one noticed it.

Among the 84 telephone numbers where some written from right to left, which made the court believe that it was for conspiray reasons. The accused explained that he writes arabic from right to left, also the numbers.

Easier to swallow...

2012-01-03T20:31:00.001+01:00

... than the words of the judge with the same name is a sip of this mirabelle liqueur. Maybe it also helps to forget the 65 trial days and the fact that pretty much every single application from the defence has been rejected by the judge.

We wish for the accused that this "first world" trial will soon come to an end and that the court will acknowledge the circumstances that led to the alleged hijacking of the Taipan, as the judge said he would during the last court hearing.

The next court date is Thursday, 5 January.

Harbour cruise : Pirates? New dates for 2012

2011-12-27T22:10:00.003+01:00

Sunday, 26.2.12, 16.00 o'clock
Sunday, 22.4.12 17.00 o'clock

What does piracy have to do with the plunder of fish off the coast of Somalia? Who is using Somali waters as a dumping ground? What is the story with the weapons on the captured MS Faina? Who are the young men from Somalia? What does 'security' mean at the gulf of Aden?

This harbour trip shines a light on the political background of the current trial.

Press release

2011-12-25T19:13:00.000+01:00

In a press release, the One World Network, No One is Illegal and the Third World Harbour Group Hamburg raise the question of whether the court is actually conducting an unbiased trial. The statement raises issues that we have been raising on this blog: the court has not heard a single witness for the defence, even after the defence lawyers have tracked down witnesses in Somalia on their own, the offer of accommodation in a youth facility has been rejected, using far-fetched reasons and the fact that one of the under-age defendants was assaulted in prison and had not been seen by a doctor until the following day in court. The groups suggest that the purpose of the trial could be to justify the expenses of the ATALANTA mission.

The Christmas presents, and the good and bad pirates.

2011-12-24T17:46:00.004+01:00

While today, probably thousends of Judges, Lawyers, Journalists and other people make their children happy with a Playmobil Pirates games, the ones accused of having been pirates, are still in prison although too young and wonder when they will finally be free.

They also wonder why everybody calls them 'pirate' and not by their names.
And why the society enjoys anything having to do with pirates - even a political party exists in Germany with this name - but they are in prison. It is offending to be called all the time: Pirate !

Give the accused back their dignity!
Give them back their names and their freedom!

“I am a prisoner of my illness”

2011-12-21T22:49:00.003+01:00

Day 65 – 21 December 2011. The last court day for the year.

A new challenge against the judge, decision on the previous challenge, several statements by the defendants and a special folder.

The day started with one of the lawyers reading out a challenge against the judge on the basis that the judge is biased. The reasons being that the judge – in his last decision to decline an application for bail for the under-age defendants – suggested that anyone who showed sympathy for the defendants would also be prepared to aid their escape. An accusation that is based purely on speculation. The judge had used this reason before and, when asked for any evidence of this, back-tracked and refused to give any more details. Now the judge has used this line of argument again.

The second reason for his bias was a criticism of the manager of a facility of youth accommodation. The organisation had been asked by both the defence and by the Hamburg Youth Authority about the possibility of housing the three under-age defendants in one of their flats. As a result, the manager had attended a few court hearings and had applied for a visit to the youth detention centre, together with her staff and some of the youth that currently live there. This is part of the participatory concept of the organisation. The judge has turned this against the defendants by claiming the manager was 'not maintaining the required professional distance' to the defendants. An obvious case of the judge stepping outside his competency. This has been the third such challenge against the judge.

After that, one defendant after another made personal statements. They were polite but firm challenges to the judge to end the trial. One could feel the frustration of the defendants, having been in detention for a year and a half, without knowing how much more time they would have to spend locked up, their health deterioating and having to sit through 65 days at court without understanding much of the proceedings. Here are a few quotes:

“I am no longer alive. I can't continue to sit here like a school child in a classroom. Please don't hesitate to pass a verdict. I don't mind what it is, as long as it's soon.”

“I've been getting more and more ill in prison. I am mentally no longer present, I think of my family, they are dependent on me. I therefore ask you to pass whatever verdict you find suitable.”

“I have been waiting for my verdict for thirteen months, I've been very ill. I am a prisoner of my illness. When I try to explain my situation to my family, they don't believe me. I have instructed my lawyers not to file any more applications. There must be an end now. Enough is enough.“

And another queried the judge and said:

“I would like to ask you a question: do you think it is a person's right to try to save themselves if they see a chance to do so? I want to save myself. My lawyers have tracked down a witness who was willing to testify that I was forced to participate. You have spoken to the witness. I want to pursue this.“

Then, during the lunch break a decision on the previous challenge against the judge was announced. The judge read out the ruling, made by his colleagues, who found that there was no bias. This doesn't come as a surprise, but what we didn't expect was that the judge actually has a special folder for 'applications declined', and that he declared this folder to be full now and that he would start a second volume for the next application.

Finally, the judge announced that, because of the pending challenge, he has not been able to set dates for the trial after the end of January (the judge is limited in what they can do while a challenge is pending). Even if everything is wound down now, there will be 21 closing addresses, which by themselves are likely to take more than the scheduled court dates in January. Because no dates have been set in advance, by now most lawyers will be booked on most days in February and March. In the worst case, this could mean that there will be a break for a couple of months before the trial resumes in April.

So the day ends with another nightmare scenario for the defendants.

The role of the prosecution

2011-12-16T16:47:00.003+01:00

State prosecutor Ronald Giesch-Rahlf has so far not contributed much to the trial. According to the German court statutes, the court – including the prosecution – is required to 'establish the truth'. This means exposing all circumstances around the events under question, including finding witnesses. However, the prosecution's contributions have mostly been limited to objecting to anything the defence has asked for. The defence has been complaining about this for some time. They were the ones who tracked down potential witnesses in Somalia – only to have them rejected by the court.

One thing the prosecutor has been doing is preparing himself for a talk he will hold on 23 February at Marburg University on the subject “Piracy: the oldest international crime is facing new challenges”. Could it be that Giesch-Rahlf is focussing more on making himself a name than on the trial?

12 December 2011 - Youth prisoner assaulted

2011-12-12T23:45:00.001+01:00

Today, there were no regular proceedings in court. One of the under-age defendants told the court that he had been assaulted by another prisoner and that he was unable to sit through court. The court's own medical service examined him and found that there was risk of a concussion and had him admitted to hospital.
The final court date for the year is Wednesday, 21 December.

Summary of 5 – 7 December 2011

2011-12-11T22:53:00.027+01:00

It is becoming more and more obvious that the court is not willing to allow any defence witnesses. In the last couple of weeks a number of attempts were made by the defence to summon Somali residents as witnesses to prove that the accused were forced to participate in the attack of the Taipan. All these applications have been declined by the court on the grounds that it would be too difficult to track the witnesses down (the absence of a functioning postal service and a registration system in Somalia were cited several times), that it would be too difficult to get visas for them, that they wouldn't be able to travel, or that obtaining the visas would involve having to pay a bribe and German court couldn't do that.

Now the defence has tried to address these issues and to counter these claims. One lawyer presented detailed information about a plane owned by the German intelligence service BND, which has been used in the past to fly members of the Taliban from Afghanistan to Germany for negotiations – an operation that was not hindered by the absence of a registration system in Afghanistan, the lack of a postal service or the lack of visas. The lawyer listed the registration details of the plane, who owned it and where it was currently located. But the judge is not interested in knowing about the plane, he's only interested in finding out how the lawyer found out.

Then another lawyer presented a list of the crew members (including passport numbers) of the Dhow that was used as the 'mothership' by the pirates. Any of these people would be valuable witnesses for the defence. Again, the judge doesn't want to hear about it and claims that such a list can't exist. And now it's the prosecutor who demands to know how the lawyer obtained the information.

And again, the three under-age defendants were refused bail. As before, everything that is presented for their release – a very positive report by the prison staff, an offer of accommodation by a youth organisation – has been used as arguments why they can't be released. According to the judge, the three are enjoying privileges in prison (e.g. access to a TV) which aren't available in the youth facility. Therefore they would be better off in prison than outside.

And another accusation which has been made before has been made again: the judge alleged that people who show solidarity with the accused would also be prepared to help the accused escape. This time, this accusation was made in a written statement by the judge, which was handed to the defence in a non-public part of the meeting and was not published at the time. Most of the lawyers were visibly upset at this procedure, because it meant that the defendants themselves would not have access to these allegations. A heated argument between the defence and the judge ensued. The judge refused to have the statement translated verbally or in writing – after all “in other circumstances also, the accused don't always understand everything”.

Court refuses to hear witness from Somalia for "ethical" reasons

2011-12-08T18:24:00.004+01:00

It's not only about German justice, said a lawyer to the judge, it is also about German morals. "What you call 'bribery' as a reason not to invite an important witness to court, is called bakshish in other countries".
All witnesses from Somalia, that have been named by the lawyers have been refused by the court, for different reasons: Somalia has no goverment, no registration system so people don't have passports or visas. Therefore no one from Somali will be considered as witnesses by the court because they are not registered! And a German court cannot send a summons to someone who isn't registered by their government.
Does that mean that generally people from countries where there is war and no goverment are not suitable as witnesses in a German court?
Is a person's existence depending on their registration or their passport?
no one is illegal!

New Blog: Possession of the Sea

2011-12-04T19:44:00.000+01:00

Of course, the trial against the ten Somali in Hamburg isn't the only such trial - there are currently hundreds of Somali being trialled or are serving their sentences in different countries. We recommend taking a look at a new blog titled "possession of the sea", which provides an overview of the situation. The blog tries

to keep track of the growing numbers of Somali who have been arrested and taken from their homeland, people who are now sitting in foreign lands waiting for foreign 'justice' or have been convicted and must now serve their time. It is hoped that the blog will also raise interest in the bigger issues behind why so many Somali are now sitting in those jails - and who is trying to possess the seas of Somalia and why.

http://possessionofthesea.blogspot.com/

Children dying in Mogadishu while German Court refuses to hear Witnesses

2011-12-03T11:53:00.003+01:00

While the Court again refuses to listen to a witness from Mogadishu named by the lawyers, we get the terrible news from a Somali friend of us, a refugee, that his two children aged 5 and 7 years have been shot in Mogadishu while on the way to school. The boy died, the girl is badly injured.

Knowing that the father became a refugee and left back his family, having before been a fisherman without work, and he and his wife dreamed for their kids a better future. He left Somalia in the hope to support his kids so they could go to school...

We wish our friend, his wife and the small daughter, to survive and keep alive the memory of the son.

Court Report Day 59 – 23 November 2011

2011-11-26T22:16:00.001+01:00

The day starts with a rather intrusive photographer from the tabloid paper “Bildzeitung” taking close-up photos of the accused before the trial starts. As soon as he has left, three defendants complain that that neither they nor their lawyers had been informed and that they do not want their photos taken. An incident earlier this year, where the brother of one of the accused had been murdered as a result of a newspaper report about the trial, shows that their concerns are justified. The judge replies, saying that the photographer had been given permission under the condition that the faces would be pixilated – a rule he had set very early on in the trial, and which has not always been obeyed by newspapers. One of the lawyers asks whether the name signs on the tables would be pixilated as well.

But then the judge surprises everyone by announcing that was considering to bring in a witness from Mogadishu, after already having declined an application by the defence to do so. The witness could testify that one of the accused had been press-ganged, according to the defence. The judge reports about a long telephone conversation he has had with a Somali professor in Oslo about the safest way to get the witness out of Somalia and to Hamburg.

Finally, the lawyer for one of the younger defendants applies to hear the psychiatrist of the youth prison, who could testify that it is impossible to treat the psychological problems of the defendant over such a length of time by medication only. The lawyer also states that the foreigners authority had give a written assurance that the under-age defendants would receive a temporary residence permit, if released. So the judge's assessment that they would be released in to an illegal status was rubbished.

Day 58 - 21.11.11: More bizarre reasons for keeping the accused in remand

2011-11-22T10:07:00.005+01:00


This happened after the lawyers of the 3 under-age accused explained why their clients must be released - after having been imprisoned for 18 months and 58 days of court.

Today, the judge found a new reason why the defendants – who have now been remanded for one and a half years – still can't be released on bail. Previously, he had claimed that there was flight risk, despite the fact that none of the accused had shown any desire to be in war-torn Somalia at the moment. Then he used the fact that some people had organized solidarity events for the accused against them, claiming that these people would aid their escape. Now he's on to something new:

the defendants don't have residency in Germany – and they can't possibly be released into an illegal status!

So, first they are brought here against their will and locked up. Then the fact that they don't have any social relations in Hamburg is a reason why they have to be isolated further. And now the fact that they are here is reason enough why they can't be released. In its Kafkaesque argument, the court says that, if they were released, they would be here illegally. Therefore they would have to be deported. But that would mean they would abscond, so therefore they can't be released. The fact that the three under-age defendants would in all likelihood receive a temporary permit (“Duldung”) is only a minor factor here.

So what is the legal status of the 10 accused? Are they being held illegally? A prison cell is not an extra-territorial place - so surely if they live on German soil, that must mean that they have some sort of residency status.

Day 57 - Court Report 15 November 2011

2011-11-21T00:02:00.002+01:00

Today a school group attends the trial. The judge declines more applications to hear defence witnesses with the usual standard arguments: the address was not clear, it would cost too much, it is unclear, whether the witness would be prepared to travel to Hamburg, or if interviewing someone on the phone the court couldn't be sure who they were talking to. The defence points out that the court did not have these reservations when trying to track down the Sri Lankan crew member of the Taipan. The judge spoke to the wife of the witness, without knowing for sure who they were talking to. The defence accuse the court of not wanting to hear any witnesses the defence puts forward and that the court was leaving it up to the defence alone to establish facts.
One of the lawyers for the three under-age defendants applies for a severance of the case against the three from the adults because the remainder of the proceedings didn't affect the three and that they were suffering psychologically from the long time they've been on remand. However, the lawyers of the two others reserve their decision whether or not to join this application. This prompts the lawyer of another (adult) accused to ask for severance of his case as well, because his client had already admitted being involved in an act of piracy. The prosecution opposes both motions.

The lawyer of another accused apply to have two academics heard, one from the University of Mogadishu, the other from the Asia-Africa-Institute at the Hamburg University.

Court Report 4, 8 and 14 November 2011

2011-11-20T21:53:00.000+01:00

4 November 2011

Another accused makes a statement. He tells the court of how he was hired to repair outboard motors on fishing boats and ended up on the Taipan. The defence asks to have his colleagues from the workshop in Mogadishu heard. The prosecution objects with the argument that a foreign witness lacks credibility. The defence points out that this point was not raised when the Dutch marines were interviewed and that not hearing foreign witnesses in a matter that took case outside of Germany would be rather strange.

The rest of the day is spent with a set of applications to hear witnesses. First, the lawyer of one accused asks to have a lie detector test applied to his client. Then the defence for another accused applies to hear witnesses from Somalia who can testify that their client was forced to participate because of a debt. They also want to hear the various intelligence services in order to establish the whereabouts of Dhagawayne (“Big Ears”).

8 November 2011

The day starts with everyone waiting for 40 minutes for the judges. As a result, the next hearing will start at 10.
Then the judge declines the application from the last hearing to use a lie detector and to hear a ethnological expert. Another application is made to hear the translator who was involved in the interviews that were made on the Dutch frigate.
Finally, the judge reads out a report on the three under-age defendants made by the prison.

14 November 2011

The judges declines pretty much all of the applications that were made in the last couple of hearings and insists on reading out handwritten note that one of the accused had with himn when he was transferred from th Netherlands to Germany. The defence objects to this note being read out but to no avail.

Harbour tour 4 December, 2 pm

2011-11-15T23:04:00.003+01:00

What does piracy have to do with the plunder of fish off the coast of Somalia? Who is using Somali waters as a dumping ground? What is the story with the weapons on the captured MS Faina? Who are the young men from Somalia? What does 'security' mean at the gulf of Aden?

This harbour trip shines a light on the political background of the current trial.

4 December, 2011 at 2pm, 'Vorsetzen' wharf (metro station Baumwall).

When pirate games for German kids become popular...

2011-11-15T22:59:00.000+01:00

Adventure magazine for cool pirates!

A magazine, already in the 7th issue, well done and amusing for German kids whose parents can afford to pay 3.40 euro for a copy.
It is sold all over Germany so that the youth can get a taste of the freedom and adventure that is expecting them at sea.

But what about the ones in Somalia who, because they are lacking the sausages to build pirate ships, are forced to really become pirates in order to have something to eat?

The inequality in this world is clear to see - anyone who can count to 3 knows.

Isn't it a strange thing to let the German kids read and play pirate games and at the same time imprison young Somali people for over a year and force them to attend court for more than 57 days now, also in Germany?

Two worlds clashing.
And no justice to be seen...

56 day of Court seen in drawings. "Tell them we are also Europe..."

2011-11-15T10:29:00.003+01:00

judge refuses Dagawayn as witness because on the fone he can not know which Dagawayne it is

"tell them we are also Europe", was written on a notice to a lawyer, which is nothing to be presented at court, but the Judge did

the judge is playing ping pong with the Motions of the Lawyers

no words

two worlds .

One year of “Piracy Trial”: release the juvenile defendants!

2011-11-10T22:59:00.002+01:00

Press Release 10 November 2011
One year of “Piracy Trial”: release the juvenile defendants!

Observers of the trial in Hamburg of the ten alleged pirates reiterate their demand for the immediate release of the three juvenile defendants who are still held in custody in Hamburg's youth prison, 'Hahnöversand'. Among the groups observing the trial are No One Is Illegal, the Third World Harbour Group and the One-World Network.

The Commissioner of the European Council for Human Rights, Thomas Hammarberg, has repeatedly stated that juvenile defendants in detention are frequently denied access to education and are exposed to violence and abuse. It has also been proven that detention has negative psychological effects which increase the longer the detention lasts.

For the last 18 months, ten Somali have been remanded in custody. They are accused of having attacked the container vessel MV Taipan. Three of the accused are minors. The trial started almost a year ago, on November 21, 2010. Since then, the accused have spent over 50 days in court. The defence has pointed out that there is no flight risk, that the defendants would oblige with bail conditions and that they would not abscond. Neither the prospect of a long sentence nor the expected uncertain legal status after the sentence would entice the accused to return to Somalia. Somalia is at war and some of the accused have lost contact with their families who had to flee their homes.

All applications to have the juvenile defendants released on bail have been declined. Instead, the court has reacted by ignoring birth certificates and letting a forensic scientist determine their age, and by exaggerating the charges. Last week the prosecution tried to have the case closed, ignoring the requirement to hear the Youth Aid and the juvenile defendants' guardians.

Some of the defence lawyers, together with observers, criticise – among a number of other aspects – the fact that the juvenile defendants are being held in custody for much longer than their German equivalents would be. “Also, they are refused the education they are entitled to according to the youth laws,” said Michaela Goedecke of the group No One Is Illegal in Hamburg. They should be accommodated in accordance with their age.

The trial observers are asking why the juvenile defendants continue to be held in custody. Is it because the court wants to set an example – a practice not allowed in law, and which is also scientifically proven to not to work? Or are the reasons of a racist nature? Or is there an unspoken desire to legitimize the German military operations in the Horn of Africa?

Next trial date: Monday, 14 November 2011, 10 am.

Court Report 2 November 2011

2011-11-10T21:16:00.004+01:00

Two of the three court translators are missing today because they are sick with food poisoning. The judge declines the application from the previous hearing to summon Abdulei Dhagawayne (Big Ears).

The prosecution has had enough and wants to proceed with the closing statements. They also demand to have the last word. The defence is upset and accuses the prosecution of ignoring the proceedings, especially the fact that this is a youth court. The judge clarifies that first the Youth Aid and the report from the remand prison will have to be heard and that the trial can't close today simply because the translators are missing. One of the accused offers to help the court, although he claims to have been betrayed by the Dutch marines.

Court Report 31 October 2011

2011-11-10T21:15:00.000+01:00

Big Ears
The day starts with the judge declining a raft of applications from the previous days: no need for an expert from Mogadishu, no need to hear the wife of one of the accused.

Then a defendant makes a statement, in which he describes how he was forced to participate in the attack on the Taipan: he had borrowed some money to start a school. He had arranged to repay the debt in instalments but suddenly the creditor wanted all the money back at once. This was impossible and the only other option for him was to join the pirates. The boss of the operation was a man called „Dhagawayne“ - Big Ears. He had threatened to kill the family of the accused if he didn't take part as a translator, therefore he had no choice but to participate. The defence counsel argues that this must lead to an acquittal and applies to have “Big Ears” summoned or at least interview him via video link.

Court Report 27 October 2011

2011-11-10T21:13:00.000+01:00

After declaring the Sri Lankan crew member of the Taipan 'untraceable', the judge proceeds to read out a transcript of an interview with him, which was conducted by the German federal police in Colombo. One could get the impression that reading out this statement has been the judge's intention for some time, which would explain his luke-warm approach to tracing the sailor's whereabouts.

The transcript - translated by a Sri Lankan employee of the German embassy - contains a description of how the Taipan was attacked, how the crew had to duck on the bridge and then retreat into the safe room. The 'able seaman' claims to have recognised one of the accused on a photo presented to him by the German police.
After the statement is read, several defence counsel object to it: the 'desk officer' was not qualified as a translator, the translation contains the translator's personal interpretation of the events and the statement obviously contradicted other statements made by the captain of the Taipan.

Then the judge proceeds to decline a few applications that were made last time and then concentrates on the personal statement made by one of the accused previously. He reads out a 14 page explanation why the court believes the statement is not credible. It contains every single sentence the accused has said. Some members of the public believe he is practising for the verdict.

After the ordeal, one of the lawyers complains that his client is unable to follow, he is under medication to combat his depression. One night he screamed so loud in his cell that other inmates called for help. The defence objects to him being medicated to enable his attendance in court.

Finally, the judge announces that the remaining evidence from Dubai has arrived - including a pair of flip-flops...

Next Court : Monday 14.11.2011 - 10 o´clock!

2011-11-08T18:24:00.002+01:00

Tomorow Wednesday 09.11. NO Court .
Justice needs rest.

Court report 19 October 2011

2011-11-01T23:38:00.000+01:00

The judge declares a witness untraceable, although his whereabouts are easy to find out. Meanwhile the public is excluded from part of the hearing because a court employee doesn't feel like checking the PA system.

As on the previous day, the court expects the Taipan crew member from Sri Lanka, who doesn't show up. The judge explains why none of the German representations in Sri Lanka have managed to serve the court summons to the Taipan crew member. He is currently employed on a ship named the 'Dubai Star', the whereabouts of the ship can be obtained through a simple google search, but supposedly the name of the shipping company is unknown. Therefore the summons can't be served. It seems strange that the German justice system would be unable to find out the owner of a freight ship. But given that earlier in the year the court had declared a Somali city with a population of 100,000 non-existent, maybe it's not surprising.
Maybe the real reason is different. Nine of the defence counsel had already stated that they didn't require the witness, so one could think that if the witness is difficult to find, that would be the end of the story. However, the witness had been interviewed by the German police in Dubai and there is a written statement from him. The defence had objected to that statement being used in court because it was taken under dubious circumstances. If the court declares the witness to be untraceable, then this statement can be used in court. So maybe, the court doesn't really have an interest in finding the witness. One of the defence counsel indicated that, although they didn't require the witness, they wanted the court to make an effort to find him.

In the meantime the PA system fails. The PA is essential for the public to hear anything because the public is separated from the rest of the court room by a glass wall. During the morning break several people complain to the court staff, that they can't hear anything. Nothing happens, until one of the lawyers raises the issue and points out that the public have effectively been excluded from the hearing. The judge is dumbfounded and hesitantly asks if the whole day would have to be repeated. Luckily, no one in the room wants that to happen. So the judge retires to consult the law books. When he comes back he says that there are no rules for this situation, so he decides to ask each member of the public how much they understood. The result of this little referendum is mixed, so the judge announces that everything is in order.

Court report 18 October 2011

2011-10-31T23:55:00.000+01:00

Court report 18 October 2011

“You live in paradise – we live in hell”. Two more personal statements of the defendants and a missing witness.

Originally, another member of the Taipan crew from the Sri Lanka was supposed to appear in court today, but didn't show up. Although 9 of the defence counsel had already indicated that they didn't require the witness, he was still summoned. But the sailor is at sea, so the summons could not be served.
Instead two other defendants make statements – this time without incriminating other co-defendants. The lawyer of one defendant asks for an interruption because of the medical condition of his client. But the judges decides that he is fit for trial. The defendant says:

“You, Ladies and Gentlemen judges, prosecutors and lawyers, cannot imagine what it is like living in Somalia today. It will remain unimaginable because you live in paradise and we live in hell.”

If this was a theatre play, the director would be accused of over-doing it. The accused then explains how he, as a child, found his parents shot dead, how he himself was injureed by a bomb and how he joined the Ethiopian militia. And how he has lost all hope.

The lawyer follows up with a set of applications to hear expert witnesses on the mental health situation of young people in Somalia, as well his client's wife.

A second defendant makes a statement. He tells the story of how he too witnessed his parents death on the way home from a market. How he lived with his uncle, who was a fisherman and how he himself became a fisher, although he had always wanted to attend school. In 2004, the tsunami came and they lost their boats and nets. After that he had to look for food in the streets. He describes Mogadishu as hell – fighting everywhere and dead bodies littering the streets. After a while, al-Shabaab controlled the market, where he was looking for work or food, and men without beard weren't allowed. During all this he tried to bring up his son and teach him to read and write.

“Whenever I have a meal here in prison, I feel ashamed because I have food and drink”

New starting time 27.10.11 Court

2011-10-21T00:06:00.001+02:00

exceptionnaly the Court will start on the 27.10. at 13.00 noon.

Short Court Reports from 4/5 October 2011

2011-10-18T22:37:00.002+02:00

4 October
The defendant who made an extensive statement on September 26 answered questions from the judge. Most of what he said last time was regurgitated. He talked about his three wives, him keeping his clan-association secret from them and that he wasn't a pirate. And how he swapped a mobile phone for 260 litres of fuel. At the end, he manages to incriminate another of the accused.

5 October.
The defence lodged several more applications to subpoena 2 ethnologists and a German army officer, and to request the interview tapes from the Tromp. Another defendant made a statement and contradicted part of what the previous defendant said.

During the interview, the judge tried visibly to phrase his questions in a way that the defendant would understand. The fact that the issue of understanding isn't just a matter of phrasing the questions is exemplified by the following exchange. The defendant talks about how his parents left with a donkey. The judge then asks:

"Did the donkey have to walk by itself?"

On why Malta authorities refuse asylum to some young Somalis asking wrong questions.

2011-10-08T18:48:00.005+02:00

The Somali Jung people are refused as asylum seeker , if they can not answer the question.

For example: what is the colour of Somali flag?

If you ask this questions maybe Somali young people don't answer because they haven't seen the flag in somalia.

Everybody knows what is going on in Somalia : war ! since 20 years!

In Somalia is no peace, since 20 years.

Somalia is no education, since 20 years

So that the young people of Somalia are not educated .

They can not answer more questions that are requested for asylum seekers.

This issue is a very important one, because the Somali refugee maybe he wants to defend his rights as asylum seeker . So i request the international community especially the refugee commissioner : respect the situation in somalia and learn more about what is going on in somalia.

That would be a good way.

So the people who ask the questions should be better informed about the situation in somalia?

Sometimes the commission asks Somalians: tell me the names of the rivers.

Also they ask: how many rivers you have in your country?

This questions are not answered because if you are in Mogadishu there is no river maybe the sea.

So somebody will say : i don't know.

Sometimes they are asking : how many regions exist in somalia?

It is not answered because nobody learned in somalia the regions

so he says : i don't know.

Then the refugee commissioner says: you are not Somali!

You are rejected for asylum.

That's not good.

Before they ask questions, they should learn the situation in Somalia, Eritrea.

If you ask first the question without knowing the situation, maybe you go the wrong direction.

I have no idea what is going on in Germany right now, so if i interview someone then i ask wrong questions about Germany.

Are they many young Somalis rejected in Malta?

Yes some Somali people have been rejected !

Sometimes they say you come from another region in somalia this region is peace.

But in somalia is not peace.

Every house in somalia has guns, every person in somalia has guns.

If you want you take the gun and kill,you kill, no one is safe in somalia.

Somalia is a war nation. Somalia is one country. One language.

So i request international community respect the refugees of somalia.

Somali people want assistance for peace.

If peace in my country i stay in my country , i like my country.

I don't want another country.

You see my age now, i stay in my country 43 years, i never went anywhere , now i go because i worry about my life,

Always i say i hope i hope this war is finishing tomorrow, my feeling my feeling. But it doesn't stop the war in somalia.

If you see the warlords in somalia they change only the names, but they are killing the people.

Always killing the people including women and children.Especially in southern somalia.

If you look what is going on now in Mogadishu , the government is fighting and Islamic groups.

All this fractions they are killing the people because they use the attacks in the community the villages. The people are running in town and outside of Mogadishu, you know what is going on now i somalia, famine no peace people are hungry, no education. I wrote an article: “the short man can see the sky” but why does the international community not see what is happening in somalia?

My article is in the amnesty international report.

What would be the solution for Somalia?

The warlords in somalia are using the fighting like business, they support the fighting in somalia.

For example the government in somalia supported money counters on the other side the oppositions leaders especially the Islamic groups they support the military assistance like guns, supported the medical support . Also the moral support , when the international talked they defend the opposition leader he says good guys i don't know .. the government controls only a small area in Mogadishu

everybody knows, other Islamic groups control more , why?

Somalia wants a government! somalia wants peace!

The internationals only listen like a story, that's not good.

The people need assistance, urgent assistance, we want peace peace.

Interview made in Malta 15. September 2011 with a somali humanrights activist and refugee.

A report the court in Hamburg should read

2011-10-07T15:56:00.038+02:00

A report the court in Hamburg should read, while keeping three minors in pretrial detention for 18 months.

The socioeconomic impact of pretrial detention
Open Society Justice Initiative, 2011

The goal of this paper is to focus on an important and underappreciated issue and assist countries and governments to better understand it and more effectively design policy responses to it. Although this paper makes reference to specific situations and countries, it is important to note that excessive pretrial detention is a global issue affecting developing and developed countries alike.

International Juvenile Justice Observatory
Download the report from here

On young Somali people working as pirates in Somalia.

2011-10-06T20:06:00.003+02:00

An interview with A., Somali Human rights activist who had to flee Somalia and is now a refugee in Malta.

15 September 2011

What do you think about young people in Somalia who have become pirates?

My feeling is that maybe the warlords used these young people.

They stay behind of the young people.

They give the weapons, they give the small money and the boats and they say: go and kidnap the international ships in the sea.

If you want, ask the intelligence in Mogadishu they know. Because when they take the ransom, you know, immediately the ransom has the warlord.

In Somalia it's clan-ism, every clan has a warlord. This warlord has more money, more guns. Also, he uses the clan children. The people don't have work, the only work that is in Somalia is war.

He gives the money so they have work.

So the issue of the pirates in Somalia, maybe the responsibility of this issue, is with the warlords in Somalia. Ask! Everybody knows of Somali people. Especially the regions, the area of the sea like Mogadishu, like Galkayo region, like Boosaaso region - because the clans of the region participate are pirates of the sea. They share the information, they share the money, they share the guns .

They share.

But it's not wanted to take action against these people. Because now the world is one village, I stay in Malta - if I want New York, I call them, I use internet. The world now is one village, so no one can say he doesn't know what's going on.

Thank you!

Trial drags out into 2012

2011-10-06T08:00:00.000+02:00

The court has set new dates for the trial up to the end of January 2012:

Mon,  05.12.2011
Wed,  07.12.2011
Mon,  12.12.2011
Wed,  21.12.2011

2012

Thu, 05.01.2012
Mon, 09.01.2012
Mon, 16.01.2012
Tue, 17.01.2012
Fri, 20.01.2012
Wed, 25.01.2012
Thu, 26.01.2012
Tue, 31.01.2012

Court Report 26 September

2011-10-04T22:02:00.001+02:00

One of the accused made a comprehensive statement regarding the charges.

He told the court that he was forced by five armed men to participate in the attack on the Taipan. He had been picked up by the Dutch marines before, when he and other fishermen had been in an emergency when their motor had failed on the open sea. When they saw the Dutch frigate they tried to attract their attention. He believes the Dutch marines are doing practice runs where they deliberately arrest fishermen. The group of fishermen were released and were even given a new motor. On their way back to the coast they were set upon by the five armed men. The accused was kidnapped, while one other fisherman was killed and thrown overboard and another severely injured.

Meanwhile across the road...

2011-09-16T19:33:00.002+02:00

Sometimes it makes a huge difference which side of the road you happen to be. Hamburg's annual consumer fair "Du und Deine Welt" (you and your world) takes place from 24 September to 3 October. This year's main attraction is a "Pirate Special", promising to turn "an entire exhibition hall into a breathtaking pirates' island". We wonder how many of the expected 100,000 visitors to the fair, who take up the invitation to "immerse [themselves] in a pirate's life" realize that the real pirate life takes place within earshot of the spectacle - inside the remand prison cells, on the other side of the road from the showgrounds.

The expert on everything

2011-09-11T12:41:00.001+02:00

A quick court report from 2 September

It was Stieg Hansen, the Norwegian expert's, last day giving evidence. He spoke about what he believed was the definition of a 'pirate'; attacks on commercial fishing vessels versus attacks on illegal fishing boats; he spoke about some of the Somali people charged with piracy that he had interviewed in Somalia; the Somali court system and the arrest of 'pirates' there; he spoke about the clan systems and al-Shabaab and international terrorist lists, and he ended with names of people who have studied the effect of trauma on Somali people. He was an 'expert' on everything.

Twice he was caught out exaggerating.

The first time he spoke about having court transcriptions of a case against a 'pirate' in Somalia. However, later on he admitted that in fact what he had was only notes made by a former Somaliland Times journalist. Not a transcript.

The second time, he talked about meeting with Donna Hopkirk, the US State Department's Coordinator for Counter Piracy. Later, it turned out he had merely spoken with her in passing over a cup of tea at a conference in Norway.

As to the international terrorist lists, he pointed out that the UK, for instance, is concerned about linking Somali 'pirates' with al Shabaab. If they are linked, it could have ramifications for international shipping, Once a ransom was paid there could then be accusations of funding terrorism.

The next court date is 26 September.

PARLEZ! Additional performances

2011-09-11T12:12:00.015+02:00

PARLEZ!, the theatre play about real and imagined pirates has put on more performances at the Fundus Childrens Theatre in Hamburg. The showings are:
Tuesday, 25 October, 11 am
Wednesday, 26 October, 11 am
Thursday, 27 October, 11 am
Friday, 28 October, 6 pm

Although the performance is primarily aimed at children, this shouldn't stop adults from going...

Universal jurisdiction, Radbruch's formula and an unexpected stun grenade

2011-09-01T15:57:00.001+02:00

Court report of 1 September 2011

Today, only procedural matters were dealt with. First, the presiding judge got into his usual habit of declining another application. Another application for a stay of proceedings had been made on the grounds that a) the court had no jurisdiction over what happened on the Taipan and b) the trial was violating the human rights of the accused.

As far as the jurisdiction is concerned, Judge Steinmetz explained that German law was applicable even on the high seas, because no other nation was in charge there (and Germany was involved because of the flag the ship sailed under and the German crew members) and because of the principle of universal jurisdiction, of which piracy was the first real application. Also, Radbruch's formula was not applicable here.

The other reason given in the application was the fact that the defendants were held in a far-away country, undergoing a trial with most of the proceedings being totally foreign to them and all this while they are worried about the plight of the families in Somalia - where in addition to the civil war there was now also a severe famine. This meant that the defendants could not concentrate on the proceedings and therefore they couldn't defend themselves properly. This matches what could be observed in court over and over – the defendants declaring that they can't concentrate, that they are unable to follow what's going and that they are concerned about their families.

The judge – no surprise – sees this differently. There was additional stress for the accused, but it was their duty to endure this (yes, the defendants have duties in court). The court had a duty to care for them, which was fulfilled by providing lawyers for them. The defence lawyers also carried a special responsibility.

After that was out of the way, the judge addressed the fact that this was the 44th hearing date and still not all witnesses had been heard. His main concern was a third Taipan crew member from Sri Lanka, who the court had so far failed to subpoena. The judge posed the question of whether interviewing this witness was really necessary. Six of the defence lawyers and the prosecution immediately indicated that they had no desire to hear this witness. If the witness is not heard, then there is only one more session with the Norwegian expert Hansen on Friday, 2 September, which would conclude the gathering of evidence.

Finally there was the matter of material evidence from the Taipan, that was still with the police in Dubai. This includes 10 cartridges, 1 rope, a pair of yellow shoes and, surprisingly, a stun grenade.
Since no one has suggested that the pirates had been in possession of a stun grenade, it probably belongs to the Dutch marines. But why did they leave it behind? And why didn't the German police investigators find it when they inspected the Taipan?

The torture continues

2011-08-31T21:38:00.000+02:00

Report from 31. August 2011

The Norwegian Somalia expert Stieg Hansen gave evidence, for the fifth time.

While he was interviewed by one of the defence lawyers, one of the defendants complained about pain in his ears and took his headphones off. The judge immediately demanded he put them back on and sit so that “it is apparent that you are listening”. The defendant then started crying.

The judge went as far as claiming that the continuing interruptions were also disturbing the defence lawyer. However, the lawyer refused to continue the interview. The lawyer for the defendant with ear pain then argued that all of the accused were suffering from psycho-somatic disorders due to the length of the trial and that it was not sufficient for them to be examined by a general practitioner with no experience in psychology or psychiatry, who then finds them fit for trial.
Still, that is exactly what happened – the defendant was led to the doctor and after a lengthy break, the judge received a phone call and announced that the defendant had bee found fit to stand trial. For the next day, a practitioner would be present all the time.

But the young Somali had not just complained about ear-aches but also didn't want to wear his head phones anymore because “nothing made any sense”. The proceedings were taking so long, he couldn't continue anymore.

Hansen was then asked whether he would consider the Somali diaspora in Germany to be 'criminal'. This was in reference to the judge declining the applications for bail with the argument that Somalis in Germany could aid and abet the flight of the accused. Judge Steinmetz took issue with that and declared that there had been no intention to criminalize anyone, to which the lawyer replied that the only way to prove that was to grant bail.

Hansen will appear again on Friday, 2. September.

Court rejects stay application

2011-08-29T20:37:00.000+02:00

On August, 25., the court decided to reject the application for a stay of proceedings. The application had been made by the defence on the basis that there were insufficient legal grounds for the arrests and that the accused were not treated according to German, Dutch and international law.

In its reasons, the court stated that the basis for the arrest was Section 105 of UN Maritime Law, and that even if the accused were not treated in accordance with Dutch law, this was not sufficient reason to stop the trial.

New dates taking trial until end of November

2011-08-29T20:33:00.004+02:00

The last few of days in court were spent hearing a psychologist from the youth authorities on the condition of one of the accused. The recurring theme with this affidavit and the defendants' own statements appears to be the fear of the accused for their families in Somalia, exacerbated by them being imprisoned and unable to help.

An expert witness aims the laser pointer at the panel of judges

Several trial dates in the last couple of weeks have been cancelled. The new dates have been set as follows:

Wed, 31. August

Thu, 01. September

Fri, 02. September

Mon, 26. September

Tue, 04. October

Wed, 05. October

Tue, 18. October

Wed, 19. October

Thu, 27. October

Fri, 28. October

Mon, 31. October

Wed, 02. November

Fri, 04. November

Tue, 08. November

Wed, 09. November

Mon, 14. November  

Tue, 15. November

Mon, 21. November

Fri, 26. November

Tue, 29. November

Wed, 30. November

New application as result of denial of bail

2011-08-29T20:30:00.004+02:00

The court has declined the application for bail for the three under-age defendants on the grounds that there are people in Hamburg who have shown empathy for the accused, who could then aid their flight. In response to this, the defence has applied for disclosure of the sources of this information. The court has reserved its decision.

PARLEZ – Real Pirates. Investigations in the den of the grouper.

2011-08-15T21:49:00.000+02:00

'Fundus Theatre', Hamburg, 'geheimagentur' Hamburg

Première and co-production

24.08. - 26.08. 8pm, Kampnagel Theatre - K1

In German, English and Somali

Slavery, crusades, piracy – when we were children, this all seemed to belong to the distant past. Although – pirates? We celebrate them at children's birthday parties, at football games and in Hollywood movies. But in reality we have switched sides to the navy: “Daddy is off to hunt pirates” ran a headline in the MOPO newspaper, and the first piracy trial in 400 years is currently taking place in Hamburg. How is that possible, and what sort of pirates are they anyway? The 'Fundus' theatre gave 300 children the opportunity to ask questions of the Puntland pirates, and 'geheimagentur' went off into the den of the grouper to present the questions. During the summer festival they will incite Somali pirates, Hamburg children and the audience to PARLEZ. PARLEZ was the code word with which the pirates claimed their right to be heard at the pirate's council. On one side there is us, the wannabe pirates with black flags and eye patches, and on the other side there are the real pirates. What happens when spectacle and reality of piracy meet? What happens on the edges of the sphere of law, where common good and law are destroyed and have to be re-invented?

'Geheimagentur' is a free label which produces situations and installations that seem like fiction but then pass the reality check. “Our works want to create a different reality, instead of just reaffirming the old, with critical intentions”

[Concept and Realisation] geheimagentur

[With] Mustafa Omar, Agane Muhamad Farah, children from Hamburger schools and ex-pirates from Little Mogadischu / Kenia

[Research] Moira Lenz, Hagar Groeteke

Wed 24.08. 20:00 8 € - 12 € Kampnagel Kasse / Ticketonline

Thu 25.08. 20:00 8 € - 12 € Kampnagel Kasse / Ticketonline

Fr 26.08. 20:00 8 € - 12 € Kampnagel Kasse / Ticketonline

Court declines application for bail!

2011-08-14T00:04:00.001+02:00

The court has declinded all the applications for bail which were made before the summer break. A press release from 'One World Network', 'No One Is Illegal' and the 'Third World Harbour Group' follows.

Press release 12 August 2011

Court declines application for bail!
Aiding and abetting escape through observing the trial?

The Hamburg court is obviously running out of reasons to keep the 10 accused Somali in custody: instead of ending the inappropriately long remand in custody, the court has pulled out of the hat a new reason for the alleged flight risk of the defendants. People who have expressed solidarity and who have been monitoring the trial have been slandered. The court is suggesting that these people would also aid and abet the defendants absconding the trial. “Those we would like to help escape the country are the prosecutor and the judge” says Michaela Goedeke from the group 'No One Is Illegal' in Hamburg.

Apart from keeping silent about the sources for its absurd accusations, the court was also defaming solidarity and the monitoring of the trial, say the groups 'One World Network', 'No One Is Illegal' and the 'Third World Harbour Group'.

The ten accused, who are charged with having hijacked the ship Taipan in April 2010, have been remanded in custody for 14 months. After a lengthy break, the trial will resume on August 15. The response to previous applications for bail has been to make a defendant older through ignoring their Somali birth certificate and to step up the charges.

Some of the defence counsel, as well as people monitoring the trial, have long been criticising the double standards. The youth defendants have been on remand for an extraordinary long period compared to German youths. The usual length of remand in Hamburg is six months. Also, educational measures provided for in youth law have been denied.

The young Somali in Hahnöfersand prison have been asking for a long time to have more than one hour of German lessons every two weeks. A German teacher has offered to teach more hours to both them and other prisoners. However, the prison management and the court appear to be united in their paranoid fear of solidarity: the free offer of German lessons has been declined with the spurious argument of “equal treatment for all prisoners”.

Other, equally spurious grounds for the assumed flight risk include the fact that there is a Somali diaspora in Europe, which sends money to Somalia and could enable the defendants to abscond. Also, the defendants would only receive temporary visas.

Other remand prisoners – those who were not brought to Germany from Somalia – have friends, family and money here. And there are many diaspora in Europe, with most of them sending money to their homelands. There are other remand prisoners who also only have temporary visas and still are released on bail after a few months.

The defence have made it clear that there is no real flight risk, that the defendants would follow bail conditions and attend the trial. Even the prospect of a long sentence and temporary residence status would not make them want to return to Somalia. Somalia is a land at war and some of the defendants have lost contact with their families who have fled their homes.

'No One Is Illegal', the 'Third World Harbour Group', and the 'One World Network' will not allow the court to play off the defendants against those showing solidarity. They demand an end to the trial, the immediate release of the defendants and an end to the defamation of those monitoring the trial.

Press Conference - Photos

2011-07-29T20:01:00.003+02:00

A few photos from the press conference held outside the court building on August 15...

Just returned from Kenia, the theatre group 'Geheimagentur' announce their play 'PARLEZ! Echte Piraten' which will be performed from August 24 to 26 in Kampnagel Theatre.

Abdul Mohamud Qalimow

"What should I answer - I don't understand"

2011-07-23T16:03:00.002+02:00

Court is taking a break over summer. The trial will resume on August 15.

At the last hearing on 15 July, the lawyer for the youngest accused filed an application for the stay of proceedings, which several of the other lawyers joined. The basis is that the accused were held for several days in captivity before being presented before a judge. According to both Dutch and German laws, when a person is arrested, they must appear before a judge within 48 hours. This was clearly not the case, as the accused were held and interviewed on the Dutch frigate Tromp for several days. The decision on this is reserved.

The recent trial dates have been characterised by two things: the audacity with which European 'Somalia experts' judge the situation of the accused and also the deteriorating medical condition of some of the accused. Frequently one of them, X takes his headphones off and states that he can't understand what's going on. He has been taken to a medical practitioner several times during lunch breaks with the result that the practitioner found him to be fit to stand trial. X, on the other hand is so confused when he comes back, he can hardly remember the visit.

In a particularly bizarre exchange the judge revealed his sense of logic:

X: I can't understand you
Judge: Can you hear me?
X: I can hear but I can't understand
Judge: But you understood my question.
X: I don't understand anything
Judge: Can you hear the words?
X: What should I answer - I don't understand.
Judge: I'm asking myself how you can reply to me if you don't understand.

It's torturous even listening to this.

One of the key questions in the trial is the question of 'mens rea' ('guilty knowledge'). Were the accused acting knowing that what they did was punishable? Again, all this is determined from a European viewpoint. The system beggars belief: the same court system, which let some of the worst mass murderers in history off unpunished precisely because it couldn't be proved that they were acting in the knowledge that sending people to the gas chambers was wrong, is passing judgement on this ability in Somali teenagers.

There are also applications pending on the release on bail for the 3 youngest accused, who are currently held in custody in a youth prison. The lawyers argue that the flight risk – the main reason for them being detained – is not a real risk, because none of them have neither a passport nor the means to travel and with the current drought and famine, Somalia is hardly an attractive destination. As one of the lawyers put it: no German teenager who is accused of a crime where no one was injured (except a Dutch soldier who broke his ankle while abseiling from a helicopter) would be held in custody for that length of time. Also, being minors, the 15 months of detention are already a significant part of the maximum penalty they might be facing if convicted. In other words, they have already served half their possible sentence.

Piracy Trial out in the open - two speeches

2011-07-23T15:01:00.003+02:00

Two of the speeches held at the press conference outside the Hamburg Criminal Justice Building on July 15.

Speech by Abdulahi Mohamud Qalimow

Ladies and Gentlemen,

The ongoing state of war in Somalia; the hunger, abject poverty and injustice are strong forces that over the decades have torn the country apart. Today, the recruitment of children by Warlord gangs, Klans and Pirates is part of everyday life. These groups polarise the country for their own interests and have no scruples. Somalia is a country in ruins, a country in which millions of civilians suffer under the ravages of war.

During 1991 and 1992, I built a primary school for destitute families and their children, following that I nitiated different welfare and aid projects in the agricultural sector. My organisation tried to ensure that most children attend school for up to 8 years, however after school there are no prospects for meaningful activity. Many families cannot feed themselves and their children, many are malnourished and suffer from chronic illness due to malnutrition, (on the last day of court in April this was described in detail in a report by several medical practitioners. It is the reality today, that approximately 50% of Somali children need special dietry supplements!

My organization works in central Somalia. Every year it rains less and less, and for the last three years there has been no more rain, due to intensified global warming and deforestation.

No other place in the world is starving like our region is starving. Famine, increasing conflicts over limited water, food and pasture resources leads to mass murder of people. The animals are also suffering. Hundreds of thousands of animals have already died due to water and food shortage. The cattle herds that were the basis of life in rural areas, can no longer be counted on. Drought, famine and war are very much focused on Somalia. The pressure of Somali refugees and animals on neighboring countries and border areas is is ever increasing.

More and more people are fleeing to the cities to live as internally displaced people in refugee camps or are leaving Somalia for good. It is a miserable life in Somalia and that should be commonly known, yet the world community is silent. Life in Somalia is a life without hope, it is characterised by serious human rights violations, wanton killings and by rampant corruption. All against all, is the motto today. Young people are exploited and used for other purposes. The weakest and most decent people suffer the most in today's Somalia. For them, there is no justice. I could tell you a lot more about the inhumane conditions in Somalia, but I do not want to bore you with these horror stories; the world is getting smaller by the day and these stories should be already known.

In addition there is the piracy. And by'pirate', I do not mean the ten young men appearing before the court in Hamburg, but the criminal European and non-European companies that, under the flag of Belize, fish within Somalia's 200 nautical mile coast line, and have over-fished that region. With pirates, I also mean the dubious recycling companies from Italy and other countries, who dump highly toxic chemical or radioactive waste in Somali waters – because it is cheap. These are criminal acts just like piracy. But no one sends warships to these cases of piracy. A Somali boy made the cynical comment that pirates are actually the Somali version of Greenpeace, they are collecting a fine along the coast of Somalia. And hidden within this exagerated comment, is a grain of truth.

There are a thousand reasons for the youth in Somalia to become pirates. Many paths lead to carrying kalashnikovs and becoming criminals, but only a few, very few paths to a just future. Anyone who speaks out is in danger. All this must be understood to understand why young men choose the path of piracy. Many pirates have previously worked for generations as a normal fisherman. Today you cannot feed yourself with fish, let alone feed a family. After school, if they even had the opportunity to attend school, young adults in Somalia have no prospects. Therefore, migration or piracy become all the more enticing, and the easier it becomes for the warlords and jihadis to recruit new fighters. And often it does not happen voluntarily. Forced recruitment of children in Somalia is part of everyday life. It will therefore be difficult in the Hamburg courts to make a fair decision, because these boys are not the cause of piracy, but the reaction to an unjust system.

Ladies and Gentlemen,

I also wish peace and a speedy return to all the sailors and seamen, who are held hostage in Somalia.

A War Without Declaration

2011-07-23T14:59:00.001+02:00

EU-NAVFOR (European Navy Forces) - 'Mission Atalanta': A War Without Declaration

The defendants in the so-called 'Pirate Trial' were, on 5th April 2010, attacked on the German containership Taipan by a Dutch warship, the Tromp. Heavy weapons were used and the defendants were held captive for a week on board thr Tromp as they were transported to Mogadischu. During this time highly questionable interrogations, described later as just harmless 'conversations', took place. The person who conducted the interrogations later admitted to being an officer of the Dutch Naval Intelligence. And the former captain of the Tromp received a medal for his 'special services to the navy'.

The captain boasted in court that on his own initiative the Tromp left the area that was controlled by the EU NAVFOR – Atalanta mission, but later acted in consultation with Atalanta. The operation used one of the Tromp's two helicopters, carrying a special commando team, to board the Taipan. The commando members later appeared in court disgused and using false names.

Since December 2008, the main role of the EU NAVFOR - Atalanta, the first joint European military deployment, has been to protect 'humanitarian deliveries to Somalia' and whilst doing so to capture pirates. As well as the Netherlands, countries currently participating in the military deployment are France, Spain, Greece, Sweden, Italy, Belgium, Great Britain and, not to forget, Germany. During the Tromp action, a German reconnaissance aircraft filmed both the initial attack on the Taipan and the action of the Dutch. German warships are also involved in Atalanta, one of which was recently welcomed in Hamburg.

Portugal, Luxembourg and Estonia help with the Atalanta logistics in the mission headquarters in Djibouti and further involved are Cyprus, Rumania, Bulgaria, Slovenia, the Czech Republic, Hungary, Poland, Ireland and Finland as suppliers for Atalanta. Naturally, Atalanta also cooperates with NATO.

Of the 213 million Euro, approved at a 'donors' conference' for Atalanta in Brussels, in April 2009, only 2% has been used for non-military purposes. The European defense industry is already the winner. Nevertheless, the Swiss Parliament rejected a request to participate on the grounds that the Atalanta mission was “a war wtihout declaration” and that Switzerland remains ever neutral.

The EU Parliament has extended the original time limit of the mission until December 2012 and Germany continues to be involved, although the covert war effort, in 2009 alone, cost the taxpayer 43.1 million Euro.

Critics of the Operation, for example, Bremen Professor of Sea Law, Peter Irminger, or the former 'Maritime Coordinator' of the International RedCross, Michel Diot (himself a former ship officer), doubt its efficiency. In order to really combat piracy around Somalia, they say it would require the development of a functioning civil society in Somalia. The Atalanta-Operation costs 'just costs money and achieves nothing'. Obviously, the mission has other more important purposes, which includes having Somalia stay in its current state.

"Piracy Trial" out in the open: a Somali expert gives evidence

2011-07-14T13:45:00.001+02:00

Press Invitation for a public hearing of an expert from Somalia

Friday, 15 July 2011, 12:15 pm outside the Hamburg Criminal Justice Building (Sievekingplatz) with Political Scientist Abdulahi Mohamud Qalimow

So far, the court has made no effort whatsoever to hear expert witnesses from the Somali region. In order for at least the public to be informed and to give an expert from Somalia the opportunity to speak, a number of groups are having a public hearing outside the court building. These groups include No-One Is Illegal, Third World Harbour Group and the One World Network Hamburg, who have been closely watching the trial against the ten Somali.

Political Scientist and project manager Abdulahi Mohamud Qalimow now lives in Zurich. Before he fled Somalia in the mid 90s he started a school project in the south of the country, which he still looks after. He maintains many contacts with Somalia and Kenya, as well as with the Somali diaspora in Europe. Qalimow is a director of the Organisation for Social Welfare and Rural Development in Somalia (SOWRDO) and of the Somali Society in Switzerland. On July, 15 he will be answering questions regarding the situation in Somalia as well as the trial. This will – at least outside the court – contrast the Euro-centric viewpoint of the witnesses that have been heard in court with the statements of an expert from Somalia.

Since November 2010, the so-called piracy trial has been taking place in Hamburg: ten Somali men – three of them under age – are accused of having attacked the container vessel MV Taipan in April 2010. The ship is owned by Hamburg company. During 38 trial dates so far, the accused had to listen to seven white European expert witnesses.

Three forensic experts think that they can determine the age of the accused with dubious and humiliating methods. The birth certificates and school records of the accused do not count in a German court. The European “experts”, who have given evidence on the social and economic situation in Somalia leave many questions unanswered. With their half-knowledge obtained from the internet or without citing their sources altogether, these so-called experts evaluate the the social conditions in Somalia and play their part in deciding how the alleged crimes will be judged.

The choice of expert witnesses demonstrates the continuation of colonial practices and attitudes in a frightening way. Other practices, like the fact that the juvenile accused have been remanded in prison for over a year, also shows the double standards of the court. Were the accused German, they would have been released a long time ago.

Germany's imperial tradition is also continued in the involvement, together with other European nations, in the ATALANTA mission, which protects trade ships with military means. While those responsible for the plunder of Somali fishing grounds and the dumping of toxic waste there go unpunished, ten impoverished Somali men are being trialled. Under the UN Maritime Convention, all three activities are illegal – but only one of them is being prosecuted.

Thursday 14.07.2011, 6 pm Harbour Cruise : Pirates?

2011-06-30T23:22:00.003+02:00

18.00 Uhr Anleger Vorsetzen (U Baumwall)
What has piracy to do with the international fish theft off Somalia’s coast? Who is using Somalia’s waterways as a rubbish dump? What is the story about the weapons on the hijacked “MS Faina”? Who are these young men from Somalia? What does “safety” mean in the Gulf of Aden? The criminal trial before the Landesgericht Hamburg is all about legal matters. In cooperation with the Hamburg group kein mensch ist illegal our harbour round trip will shed light on the political background.

Exhibition and Films on the Postcolonial History in Hamburg 21.6-14.7.11

2011-06-29T09:52:00.003+02:00

POST-COLONIAL METROPOLIS HAMBURG

ON THE TRAIL OF (NEO)COLONIAL REALITIES

EXHIBITION 21 JUNE -14 JULY 2011

HAMBURG UNIVERSITY

PFERDESTALL FOYER, ALLENDE-PLATZ 1

The metropolis Hamburg presents itself with charm and open to the world. This image is contradicted by the city’s colonial and racist past, as well as its post-colonial present. Exploitation, structural hierarchies and racism are closely connected with our colonial past. The structures of society , the use of language or the topographies of a city are not coincidental!

In the exhibition historical developments will be linked with our present-day reality. We will be searching for traces of (neo)colonialism in Hamburg, as well as in our own constructions of identity.

The trial so far

2011-06-23T23:19:00.000+02:00

What happened so far

Since November 22, 2010 ten Somali men have been standing trial in Hamburg. They are charged with having hijacked the freighter “MV Taipan” in the Indian Ocean and demanding ransom over Easter 2010.

The Taipan was sailing under German flag and the men were captured by a special unit of the Dutch navy – although no one has been able to tell the court of who actually ordered them to do so. The ten men were chained to the railing on the Dutch frigate “Tromp” for several days and interrogated – voluntary statements, according to the Dutch crew. The commander of the Tromp insists that they didn't arrest the men, they merely 'found' them on board the Taipan – which raises the question of how they ended up in a court if they were never arrested.

They were then brought to the Netherlands. When the ship's owner, the Hamburg company Komrowski, pressed charges, the Dutch authorities were only too happy to hand them over to the Germany judiciary.

Since June 2010, the MV Taipan has been sailing under Liberian flag. That allows the owner to arm the crew, which currently isn't possible when sailing under German flag.

The accused – three of them under age – have been remanded in custody in Hamburg and have been on trial since November 2010. Although they are not receiving any education in prison, they are learning a lot in court everyday about how the German justice system works, how the guns they had with them actually function, what is dangerous and what isn't. The many police witnesses have taught them how they work and what they think about pirates. Involuntary lessons.

During the 30 hearings so far, the court has heard 11 witnesses and 4 expert witnesses.

The first weeks of the trial was occupied with the question of the age of three of the accused, who had stated (and documented) their age as under the legal threshold for criminal prosecution in Germany. For the first time, forensic 'experts' from the Hamburg University Hospital (UKE) have stated in detail their methods of age determination, end never have been questioned so fundamentally by lawyers in court. But despite the discrepancies between the results and despite the contradictions the forensic experts found themselves in, the court believed that they had more credibility than the statements of the families of the accused.

It's a pity that until now, neither the media, nor anti-racist groups managed to generate publicity around this issue. The applications for bail for the three under-age accused have been declined. They are still in prison, although there are youth facilities who are prepared and willing to accommodate them.

The other witnesses – among them crew members from both the Taipan and the Dutch frigate, German police officers and employees of the Dutch defence ministry – have been questioned extensively about the events. Questions relating to the chain of command, who had authorized what and the flow of information largely remained unanswered due to concerns about “military confidentiality”. But we know a lot more about how dangerous a rocket launcher, an AK47 or a SIM card for a Somali phone are. The extensive weapons display ended on April, 11 with the exhibits being put in large plastic bins and wheeled around the corridors of the court building, and with the knowledge that most of the damage to the Taipan was actually caused by the barrage of fire from the Dutch commando while providing cover to the soldiers when they abseiled from a helicopter.

Three of the accused have so far made personal statements. None of them said anything relating to the actual charges, but rather they explained to the court their personal dire circumstances and the reasons why, as a last resort, they participated in the attack in order to feed their families or to escape the revenge of dubious creditors. A small insight into the reality of a country which we hear about because more and more people flee from it, some to Europe, hoping for a better life. Only a few weeks ago a fishing boat sunk: among those who drowned were more than 50 Somali children.
One of the accused told the court about the difficulties of moving around in war-torn Somalia – between roadblocks at which money has to be paid to gangs in order to get past. It's no wonder, similar things happen on the water. As one of them said: “In Somalia, a man with the gun always has the last word”.

The judge, who for months insisted on everything is said slowly in order for the translators to keep up, has recently refused to allow part of the expertise of a witness about the conditions in Somalia to be translated into Somali, with the argument that the language of the court is German. A few hours later, he had to ask for Somali to be spoken louder in the same court, because the microphones were failing.

Either way, for the accused most of what happens remains incomprehensible. This is the same for me. I'm not surprised that the other day one of the accused suddenly asked to be executed, so all this would come to an end. In response, the judge explained that there was no death penalty in Europe. I wonder if this was any comfort to the man, whose son was abducted in Somalia, because he – the father – couldn't repay his debt?

Since mid April we know that a statement of the Dutch navy officer de Wind concerning one of the accused has led to to the accused's brother being abducted and killed.

For the remainder of the trial until November 2011, the court will hear from expert witnesses on the situation in Somalia (European experts, of course) and a psychologist will give an expertise on the mental condition of the accused who had asked to be executed. After 7 months, everything is still open. And time will be required for the ten accused to make statements before the 20 lawyers will hold their closing address.

In the meantime, the situation in Somali waters is coming to a head. A few days ago, the American military killed 4 pirates.

And to date, no one knows what was on board the ship the ten Somalis tried to hijack..

Sunday 22 May 2011 - Solidarity Party in the Park

2011-05-23T18:29:00.001+02:00

About 100 people gathered this afternoon in the park outside the Hamburg remand prison to show solidarity with the Somali men who are incarcerated there. The peoples' kitchen provided food and drink, music was provided and speakers from different groups spoke about the trial and the prison in general. Also, several people wrote postcards to the prisoners.

Summary of the 18 May 2011 court date

2011-05-22T22:25:00.002+02:00

Prof Matthies, the German Somalia "expert" was on the stand again and questioned by the defence. To start with, the judge declines an application by the defence to have some additional info which was introduced by Matthies translated into Somali. The reason being that the language of teh court is German. Later on, Somali is spoken in court because the microphones and headphones fail.

Matthies revises some fo his statements from last time and admits that anyone growing up in Somalia would like be traumatised. The questions by the defence prompt him to give a more complete picture of Somalia than his origianl account. When asked for a historic parallel of the situation in Somalia, Matthies mentions the 30-year war. He says that piracy is partially in the hand of the clans and that press gangs might be operating from Kenia.

The defence applies to hear the mother and sister of the accused whose brother was killed – decision reserved.

There had been a request by the court to the Dutch prosecution to provide the videos of the interrogations on the Tromp was declined because it would put the Dutch officers at risk.

And finally the application for bail for one of the younger accused was declined due to flight risk.

Prosecution investigates Dutch navy officer

2011-05-22T22:18:00.000+02:00

State prosecutor Wilhelm Möllers announced on Wednesday that the prosecution have started investigations into charges of neglicence causing death against a Dutch navy officer. The officer has appeared several times as a witness in the case against the alleged pirates. During one hearing, he alleged that one of the accused had made extensive statements to the Dutch navy, which are classified as secret. He identified the accused in the court room. Shortly after, the brother of the accused was killed by gunmen in Somalia. The defence argues that the killing was a direct result of the officer's statements in court.

“Now you will die!”: Coast Guard attempt to drown asylum-seekers in Lesbos Greece

2011-05-22T14:02:00.002+02:00

This Incident happend 2 years ago, but unfortunately still refugees are misstreated this way trying to enter Europe.Through Wikileaks in Greece there is now the certainty that even the lokal Waterpolice chief of Lesvos was involved in the misstreatment of the refugees.

“Now you will die!”: Coast Guard attempt to drown asylum-seekers in Lesbos Greece

Source: http://libcom.org/news/now-you-will-die-coast-guard-attempt-drown-asylum-seekers-lesbos-03082009
Coast guard of Lesbos tied 12 Somali immigrants in an inflatable boat and then pierced its sides with knives in order to drown the helpless asylum seekers who were saved by passing cruise boat
The Coast Guard of Lesbos Island has been accused of attempting to mass murder 12 Somali asylum seekers, amongst which one woman. According to the case, on the 5th of July an Austrian European border Frontex Helicopter spotted an inflatable boat containing the 12 immigrants off Korakas Cape in Lesbos.
Upon the arrival of the Greek Coast Guard, the helicopter left, leaving the Greek cops to arrest the 12. The Coast Guard took the 12 out of their boat, tied their hands to their necks, beat them, and put them back in the inflatable boat before piercing its sides with knives. Then they let the boat go to the open sea telling the asylum seekers in English: “Now you will die!”.
Immediately the boat started getting water in, and sinking. The asylum seekers were saved from certain drowning when a British cruise boat passed by, saw them and saved them. The asylum seekers were then taken to Pagani detention camp on Lesbos from where they contacted the UN through a sympathetic lawyer. The Coast Guard adding insult to harm has called the UN law suit against them an act of provocation.
26.08.09 Greece

Summary of 04 May 2011

2011-05-17T19:14:00.000+02:00

Judge Steinmetz seems to be aiming for a world record in declining objections from the defence. One of the accused is having a breakdown but the court-appointed doctor declares him fit for the hearing. Witness de Wind (Dutch navy officer) appears for the 5th time and finds out that he is now being charged: the defence have pressed charges of negligence leading to death against de Wind for his statement in court, in which he identified one of the accused has having made statements on board the Tromp. The brother of the accused was murdered in Somalia a few days later. The statements were classified as secret by the Dutch navy. The defence argues that De Wind should have known that him identifying the accused publicly in court would endanger his family, therefore his behaviour was grossly negligent.

Report from 20 April 2011

2011-05-17T19:11:00.000+02:00

German Professor Volker Matthies appeared as an expert witness to explain the situation in Somalia. The fact that he hadn't been to Somalia in the last 20 years didn't stop him from explaining his theories about:

Piracy and the decline of the State
Piracy and the economic situation in Somalia
Piracy in relation to the international organisations and companies.

He declares that his information comes from NGOs and media reports. The judge explains that it had been very hard to find experts on the subject.
Everything Matthies said has been said many times and better in public talks on the subject. We therefore won't repeat it here.

Spring in the Park

2011-05-17T11:19:00.001+02:00

"Friends of Subsistence Piracy" and "No-One is Illegal" invite you to a spring rally in the park (Planten un Blomen, entrance Jungiusstr.) outside the Hamburg Remand Prison on

Saturday, 22. May 2011, 3 pm - 6 pm

We want to help break the solitude of the Somali prisoners who are currently remanded there and show them that some people in Hamburg are not indifferent to their situation. Bring petanque, badminton and frisbees.

A note on the Court reports

2011-05-09T22:29:00.002+02:00

We have learned that the brother of one of the accused in Somalia has been murdered. It appears that the reason was a statement that Dutch navy officer De Wind made in court, naming one of the accused. This was reported in the media and the information travelled quickly to Somalia where an armed gang set upon the family of the accused and kidnapped and murdered his brother. The rest of his family have now fled their home.

For this reason we have decided to sometimes only give short summaries of the court proceedings and not to name any of the accused or their lawyers.

Report from 11 April 2011

2011-05-09T22:23:00.002+02:00

Weapons live and in colour, another police witness, applications by the defence and court decisions.

First up, a display of weapons that were found on the Taipan and which had been shown on photos: RPGs, AK47s, pistols , ammunition and cell phones. Every item is held up for everyone to see, especially the cell phones, which appear to be very dangerous. No one has any questions so all the guns are packed away again, a process for which the court room has to be cleared.

Then the defence raises an objection against the ruling not to obtain a psychological expertise about one of the defendants. The court had ruled that it had sufficient expert knowledge, therefore no outside expert was needed. The defence questions that. The defendant's psychological condition has been worsening.

Then another witness from the German federal criminal office (BKA), Karsten Klenke, 37. He inspected the Taipan together with officer Walter, who had already given evidence. There is talk about damage to aerials and a box of spark plugs (the argument being that anyone who carries a spare set of spark plugs obviously doesn't have “high tech equipment”, as the prosecution alleges).

The prosecution then asks whether Klenke had tested for copper residue near the bullet holes (which apparently indicates the type of ammunition). Klenke keeps saying that he was there to do a photo documentation, not a forensic analysis. It remains unclear why he took photos of some things but not of others.

After lunch the judge announces his decision about the admissibility of the statements that some of the accused made on the Tromp. In short: the fact that the accused weren't told their rights is a violation of German, Dutch and international law. However, since this took place on a Dutch ship, the Dutch courts would have to decide about that. In German law, these statements can nevertheless be introduced into the proceedings until objections are raised. This is further complicated by the fact that each defendant can only object to their own statement being used, not to that of the others, although the statements can affect all defendants.

The defence objects to this ruling and the judge acknowledges that this issue is utterly important and therefore the chamber will consider the objection.

In the meantime one defence counsel noted that his client has been unable to follow the proceedings for the last hour and is refusing to put his head phones back on. The judge finds this unacceptable and declines this modest request for a break from the barrage of legal jargon, which no doubt would have been impossible to translate into Somali. This despite the fact that the guards have been allowed to sleep through the afternoon.

Report from 4 April 2011

2011-05-09T22:19:00.000+02:00

Today, the team leader of the special commando on board the Tromp gave evidence. He appeared under the pseudonym “Jeffrey” and was wearing make-up, a wig and a false moustache. The judges asked several questions regarding the type of ammunition that was used. He stated that only .50, 7.62 and 9mm were used.

The defence then questioned “Jeffrey”at length about the interviews the accused were subjected to on the Tromp. It turns out that either he can't remember or he's not allowed to say. Apparently he was in charge of the of security during the interviews and therefore witnessed some of them. However, he couldn't remember anything that was said or how long the interviews went. He's not allowed to say how many security personnel were there and he can't remember who signed the minutes. There are apparently no records of who worked on which day. It seems impossible to get anything out of this witness.

Report from 30 March 2011

2011-05-09T22:17:00.000+02:00

The commander of the Dutch helicopter, H.W.M. Veldhuizen gave evidence about the mission to board the Taipan. Lots of detailed questions were asked about the ratio of live ammunition to tracer ammunition, the range of the helicopter depending on air temperature and payload, etc. 3 communication channels existed between the Tromp, the helicopter and another surveillance plane. Some communication transcripts were read out. From that it appears that at some stage the helicopter was ordered to gain height because the Tromp was about to fire shots from a 40 mm gun at the Taipan.

The best experts are sitting behind the glass in Court.

2011-04-28T15:26:00.005+02:00

Mr Abdulahi Mahamud Qalimow, political scientist from Somalia, leaving in Switzerland, attended the trial yesterday and could get an impression of the situation of the Somali people accused in Germany.
The security checkpoint on entering the court building, decided that the traditional shell he carries with him presented a danger to the justice system, so he had to let it wait for him coming out.

Then nobody could keep back his wish to greet the people form Somalia in this traditional way: In front of the Court building where the trial takes place.

Exclusive Fotos of a cruise Dubai-Nizza traveling the same time and route like MS TAIPAN

2011-04-26T15:33:00.004+02:00

A Grandpa happened to travel on a Cruise trip along the same waters as the Taipan.

Cruise boats are accompanied by military (here English) during a part of the trip.

And our friend offered his visual impressions of the trip that are very diferent from the ones we get in court during the trial.

The riches in Dubai,

the fishermen, probably working specially so that tourists can take pictures,

the fisherboats having changed usage and are now carrying tourists around the harbours,

or are already museum pieces,

and the varietey of boats cruising through the blue waters.

small fisherboat versus

containership, gives an impression of the different worlds meeting and sometimes clashing in these waters.

"Take nothing but memories, leave nothing but footprints, enjoy your visit!" advise the locals

stop the militarisation of the seas!

reclaim the seas!

Trial 20.04. Somalia Expert Prof. Mathies

2011-04-22T16:48:00.005+02:00


The Professor turned the Court into his university .The whole Court had to sit quietly and look at the images he showed on the wall, explaining life and habits of Somalian people. Here you can see the visual explanation of the Clan system.

I wonder what the 10 somali men, accused, are thinking about the Germans explaining to one another their lives and systems.
In the meantime - and because it sounded unbelievable that the clan members don't have difficulties to change the clan, and that their is no opression among clan members of different clans - we googled a bit and found out what the professor didn´t know:

"The Somali untouchables"
http://www.africamasterweb.com/AdSense/SomaliUntouchables.html
an Artikel of Bashir Goth

If you think that Dalits (untouchables) exist only in India think again. We have them in Somalia. But what makes the situation of ours even worse is that unlike India where people belong to different races, languages and colours; Somalia is the most homogenous country in Africa with people belonging to a single race and sharing a common language, a common religion and a common skin complexion.

To find a dehumanised group of people in a third world country may look normal, despite its gravity, but the real tragedy is when international human rights organisations ignore the plight of such people.

One such blunder that went unnoticed appeared in the March 2007 report of the Minority Rights Group International (MRG), which placed Somalia above Iraq as the world’s most dangerous country for minority groups. For anyone familiar with Somalia, this assessment will conjure up images of clans who suffered for centuries from sub-human treatment. We Somalis know them; UN organisations on the ground know them and anyone with Internet access will have no difficulty to find them.

New date : Harbour Tour : Sunday 15.05.2011

2011-04-22T16:26:00.001+02:00

The second Harbour Tour on the subjekt:
PIRATES?! Gloreiche Halunken oder Abgehängte dieser Welt?
(sorry i cant translate it)

will take place now on a new date:
Sunday 15.05.2011 , 17 o´clock,
Anleger Vorsetzen (U-Bahn Baumwall)

Jung Media Activists from several Countries, visiting the Trial on the 20.4.

2011-04-21T17:40:00.007+02:00

They all come from different countries, are all refugees in Germany, most not older than 20 years.
Part of their Media training taking place near Hamburg for a week, was a visit to the Trial.
To see the Somali jung people sitting acused at court and hearing that this boys, same age like them,
are spending months in prison, not being able even to learn german, surprised them.
Also the fact that the same authorities that make that underaged refugees ariving in Hamburg, are made in one day older than 18, out of the only purpose to be able to send them away from Hamburg and not give them the possibility of being taken in care due to their age, that the some authorities of the University Hospital of Hamburg UKE-Gerichtsmedizin, decided that the under aged Somalis are older than what their parents say,so that to be able to keep them in prison.
The media activists made Audio interviews with different people around the trial. And published on their newly made blog:

.. I was so amazed to enter the court for the first time but i never knew that before someone enter the court you have to be properly search as if as you want to to travel by flight but it was ok as they are trying to protect there country.
It was really ok for me to do some follow up about this ten (10) Pirates fro Somalia, and what i learnt from the discussion today that this people have no good resources in there country and the country was so poor that why they do suck kind of act. But in the other hand, the Western Countries will come to Africa and collect all our resources and try to build up there countries whilst Africa will remain poor and no punishment will be given to them, but as soon an Africa did something the whole world will start to work on there laws that governs them so that they will punish Africa, and when someone is cut he or she will be put into prison for years without taken any decision which is not good.The Pirates face the court today and below are some informations which you can follow.

The group were captured by a Dutch marine commando and taken to Netherlands and from there they were extradited to Germany to stand trial in Hamburg. Hamburg being the city where the ship’s owner’s multi-national company is registered.

more about the experiances in Court and Audio Interviews in German:
http://media.jogspace.net/de/2011/04/21/piraten-prozesse-in-hh/

Upcoming Trial Dates up to August 2011

2011-04-13T15:56:00.002+02:00

18.04.11. no trial!
20.04.11. Mathies- Hinrichs
04.05.11 De Wind
27.04.11 Hinrichs
norwegean specialist on Somalia mid May.

Visual Report from : 11 April 2011

2011-04-13T15:46:00.004+02:00

the weapons are being brought away from court - copyright s.

Report from Day 22 – 28 March 2011

2011-04-12T23:23:00.000+02:00

A representative for the owners of the MV Taipan, Olaf Höger gave evidence.

He explains how the system works: the company, Komroswki own the vessel and are in charge of the crew. They hire the ship out to a charter company who then are in charge of the cargo and the fuel. The ship was sailing under German flag. Since the events of April 2010, the ship has been sailing under Liberian flag because then it is possible to have armed guards on board (this is prohibited by German law). The flags are often chosen according to the route – e.g. an Israeli flagged ship can't travel to Arab countries.

He talks about getting a phone call on Easter morning from the captain of the Taipan, which triggered the chain of events. It was up to the captain of the ship to decide the course of action on the ship. The general directive was to be defensive, i.e. retract to the safe room and shut the door. There were no weapons on board.

The events have had an impact on the company – they would like to avoid the route but are bound by charter contracts. Or they take armed guards on board. They have difficulty finding crew members for the German flagged ships, where nor guards are allowed. But even with guards, a lot of crew aren't willing to take the risk. The armed guards had become “a whole new industry”, which charges between US$ 60,000 and 100,000 per passage. The company was paying US$ 25,000 for kidnap and ransom insurance for each passage.

Report from Day 21 – 23 March 2011

2011-03-24T23:38:00.000+01:00

A lesson in weaponry with cream. The front is where it looks like the back.

Expert witness on weapons: M. Bernstein from the Federal Criminal Office (BKA)

Bernstein had been charged with evaluating the photos of the Taipan with regards to the type of guns and ammunition used. In particular, the court is interested in establishing whether the accused used an RPG (Rocket Propelled Grenade) to attack the Taipan.

He explains the details of an RPG: 85 mm diameter, maximum distance 300 m, velocity 140 m/sec. It consists of a head and the engine, which have to be screwed together. The front end is the piece that looks like it's the rear end. He explains how it works: “The effect of the head hitting metal is similar to a water jet hitting a pot of cream.”

The judge refers to the statement of the first officer of the Taipan who had stated that he saw an RPG enter the bridge through one window and exit through another, and wants to know whether that is possible. Bernstein considers it a remote possibility, but not likely. But after looking at a photo of the Taipan taken from a small boat, he states that, due to the distance and the angle, it would have been almost impossible to launch an RPG at the bridge in a way that it would enter and exit in the way described. As the interview progresses, Bernstein sees more and more reasons why it is unlikely that an RPG was fired: the type of damage, the number of bullet holes, etc.

After the witness is finished, the defence submits two applications, which are both declined. One is for a psychological expertise for one of the defendants and the other to reject the use of the statements made by some of the defendants while they were in custody of the Dutch navy. The judge always finds a reason to reject applications by the defence. Maybe the defence lawyers should adopt reverse psychology and apply for the opposite of what they want.

Coming up:
28.3. Witness Höckert from the ship owner company re. the damage on the Taipan.
30.3. Witness Feldhusen, helicopter commander
11.4. Witness Klenke
13.4. Witness Mathies re. living conditions in Somalia

To the Unknown Pirate

2011-03-24T22:46:00.002+01:00

The following text is the translation of a speech held by anti-war activists during a “Commemoration for the unknown Pirate” in Laboe on 28 August 2010. Laboe, a suburb of the town of Kiel, is well known for its war memorial and its regular official ceremonies to commemorate the “unknown soldiers” who have died at sea. A report of the event can be found here.

Today we commemorate those among the seamen who have become victims of the sea during times of globalisation but have never been mentioned on any memorial plaque, in any public oration nor at any minute´s silence: The unknown pirates.

Here in Laboe, the state pays homage with a monumental expense to the military branch of seafaring. Several monuments have been set in this hicksville for those sailors who have given their lives in the violent prevention of goods transport via sea. A submarine to admire, an oversized monument in the shape of a vulture to remember the submariners' death in allegiance to the state and an immense phallus to honour imperial traditions of the navy, leave no doubts about the substance and meaning of christian seafaring: Yesterday – today – tomorrow, everything by means necessary for the benefit of the nation and the capital.

There is nothing to be added at this place here, surely nobody was left out – it is the ruling class's site of the German seafaring history engraved in stone. Crusaders of the domestic economy, cargo ships to pervade the world with german goods and capital, and the weapons to eliminate any resistance against the project called “free world trade”.

We are here today to commemorate the flip side of this kind of freedom. Not as an addition to a neglected part of seafaring history but as a counter plan to the common historical narrative of the capitalist utilisation mechanism, including its pen pushers, architects and henchmen.

One is not born a pirate, but rather becomes one! Either through the intrinsic laws of capital, the aspirations for personal wealth and the appropriation of as many resources as possible or, as most often the case, through pure poverty.

We despise the enrichment at the expense of others. It is what turns the world into what it is for the vast majority of people on this planet: a life in poverty, misery and everyday drudgery, a fight for survival and the daily piece of bread.

We respect the decision to wrest a piece of the wealth from a cold world, which doesn't even grudge you a cup of cold piss, to ensure one's survival. Especially piracy arises from the devastating reality of capitalist heist. A great number of Somali pirates used to be fishermen until the big factory ships came and gorged the fishing grounds along the coast; until the industrial nations' tankers dumped their toxic waste right there; until the cold warriors of imperialism exported their proxy wars into all parts of the world.

All that was left after that was empty waters and begging for food donations at the World Food Programme.

We respect the decision to wrest a piece of the wealth from a cold world, which would never come across with a cup of cold piss voluntarily. If you have a boat that is of no use to you anymore, if weapons are easier to get than the bread for your survival, if there are ships with people passing by your coast and their lives are worth ten thousand times more to the Free World than your own, what would you do? Is morality worth dying a wretched death? There sure are people who would decide so for themselves!

We respect the decision to wrest a piece of the wealth from a cold world, which doesn't even grudge you a cup of cold piss, to ensure ones survival.

Today we commemorate the unknown pirate who lost the fight for his right to exist against the “free world trade” in hopes to be able to live in a world which would make this appeal needless!

In the meantime...

2011-03-21T23:41:00.000+01:00

... the BBC reports that "Convicted Somali pirates get life sentences in US court".

Report from Day 20 – 09 March 2011

2011-03-21T23:06:00.000+01:00

A short Summary

Dutch Navy Officer de Vind gave evidence again. It turned out that one of the accused had made extensive statements about the background network of pirates in Somalia when questioned on the Tromp. The statements were “only for Dutch eyes” and otherwise secret.

De Vind insisted on calling the interrogations “voluntary statements”, although he had to admit that the person being interviewed was chained to a chair. He claimed that the purpose of the interviews was to gain military information, not to gain evidence for a prosecution.

The judge announced that de Vind might have to appear for a fourth time.

Victor Nzuzi ,Via Campesina from Kongo explains about the relation between fishing and "pirates"

2011-03-20T21:11:00.002+01:00

and sends from Mali a painting full of solidarity greetings for the somalian man in prison in Hamburg.
subtitle text soon.in the meantime exercise french.

Report from Day 19 - 28 February 2011

2011-03-20T17:27:00.006+01:00

Today Detective B. Walther from the German Federal Criminal Office (BKA) is giving evidence.

Walther only has limited permission to give evidence, which means that he can't answer questions relating to operational matters.

He and a colleague had travelled to Dubai in order to secure evidence on the Taipan. They accompanied a team of the Dubai police on board on three days in April 2010. The Dubai police collected the evidence, Walther and his colleague just documented it. At one stage they used metal rods, which they pushed through bullet holes in order to determine the angle of the shots.

According to Walther, the majority of the damage was the result of gun fire, and mainly around the bridge. There were also blood stains and naked foot prints. Some of the damage had been repaired temporarily. They had contact to the crew, who continued to give them pieces of evidence, which Walther handed over to the Dubai police.

They did not examine any of the weapons on site. That only happened after they had been sent to Germany. By that time it was no longer possible to take fingerprints because Dutch crew had handled them without gloves and the guns were all rusty from being exposed to sea air. The weapons were: 5 machine guns, 2 rocket propelled grenades (RPG), 2 hand guns, 2 knives and one cricket bat.

The photos the two German police officers took are shown on monitors in the court room. The judge notes that there are no photos of damage from large calibre weapons, like RPGs, which were shown to the court by the second officer of the Taipan. When asked why they didn't document these significant damages, Walther replies that it wasn't part of their brief.

Report from day 18 - 23 February 2011, afternoon

2011-03-20T17:27:00.005+01:00

The age report for the youngest defendant is read out. The x-ray examination has resulted in an estimated age of 12 - 23 years (+/- 2 years). The analysis of wisdom teeth has resulted in an estimate of 25 years of age. 

Then a psychological report about the defendant is read out, which says that he is mature enough to distinguish right from wrong and to act accordingly. The result is that he no longer gets bail.

Defence counsel Jung submits an application to dismiss the work of the expert witness Dr Fuhrmann, who was involved in the process of age determination. Furhmann had described in a public newsletter in 2002 how to write a report about a person's age in a way that makes it hard to be challenged in court. A report should be written in a way that removes any doubt about the procedures, in order to ensure the integrity of the expert. For the defence, this proves that the aim was not to establish the correct age of the accused but rather to defend the expertise. Monetary gain was the driving motive. 

The minutes of the hearing in June was read out, in which the defendants complain about being locked in single cells. In Holland, and even on the Dutch frigate, they were kept together. They experienced the isolation as special hardship. 

The defence also point out that the accused have fear of being executed in Germany, and ask the judge to explain officially that there is no capital punishment in German law in order to remove their fears.

Report from Day 17 - 07 February 2011

2011-03-20T17:26:00.005+01:00

Today Dutch navy officer Jeffrey, who was in charge of the intervention on the 05.04 on the Taipan gives evidence. He reports the events and identifies some of the accused he arrested on board. He was first questioned by the judge and then by some lawyers.
The day starts with the judge reading out an exchange between himself and the Dutch state prosecutor, Ms. Bann, regarding the conditions under which Dutch military personnel can give evidence in court in Hamburg. The judge had wanted to know why the Dutch captain Lodder, who had given evidence on day 14 and 16 of the trial, hadn't been able to answer some questions. Ms Bann replied by stating that questions of operational matters would be covered by military regulations and answering them would be a criminal offence. Those questions should be submitted in writing to the Dutch defence ministry.

Jeffrey is accompanied by an interpreter (like captain Lodder, he gives evidence in Dutch), a representative of the Dutch defence ministry and another navy officer. He sums up the operation:

He was alerted on 5 April 2010 of the take-over of a ship. The crew were reported to be in the safe room. He discussed the options with the commander. He was in favour of an intervention. The commander checked with the Dutch and the German
government - both agreed. The team landed on the Taipan with a helicopter and went to the bridge. 6 of the accused were immediately arrested and the rest came out by and by. It took a long time before the crew came out.

Jeffrey was in command of the operation, which was run from the Dutch frigate Tromp. He was in the helicopter and saw shots fired both from the helicopter and the Tromp. He doesn't remember shots being fired from the Taipan. One of the Dutch soldiers was injured when he abseiled from the helicopter. The team forced several doors open, in some cases by firing at them.

The judge refers to Jeffrey's written statement, in which he says that he had recognized one of the arrested from a previous arrest a few weeks earlier. Jeffrey identifies one of the accused in the court room. The previous arrest had come about when the Tromp had been notified of a suspected pirate skiff. Jeffrey had arrested the people on board the skiff and detained them on the Tromp for a week. Then they released them due to lack of evidence.

The lawyer for the accused who had previously been arrested then questions Jeffrey. Jeffrey confirms that the previous operation (on 15 March) was under the ATALANTA mandate. There were smaller skiffs who Jeffrey's team took on board and
one larger boat which they sunk. No weapons were found. There was no official report, but the arrested persons made statements. They were kept in the hangar on board the Tromp for a week, chained to the deck. Then the commander gave orders to release them, which meant that they were put on their boat somewhere off the coast of Somalia.