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

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.

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

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 declines application for bail!

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.

The best experts are sitting behind the glass in Court.

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.