Kenya is taking the lead in prosecuting pirates - or becoming a dumping ground for navies who don't know what to do with the pirates they've captured.
Spain recently joined the ranks by handing over 13 suspected pirates to Kenyan authorities. The French handed over 11 Somalis accused of piracy last month. Germany handed over nine more the month before that. Since November 2008, at least 64 suspected Somali pirates have been charged in Kenya after being handed over by European and U.S. naval forces in line with an agreement.
Ten others serving a seven-year sentence at the Shimo La Tewa prison have appealed against the sentence.
Kenya's the most logical choice, though the French and Americans have tried their hands at prosecuting pirates. Kenya borders Somalia, so it's a convenient place for ships thousands of miles from home waters to take pirates for prosecution. Some question whether Kenya's legal system can support the pressure to prosecute suspected pirates fairly while Human Rights Watch has questioned Kenya's treatment of pirates (their assurances have apparently satisfied the Brits and the French).
In addition, Kenyan law requires witnesses to be present in person at the trial so ships’ captains, leaders of boarding parties and pilots to be available for the trials. That will require cooperation from the shipping industry, which will be a significant burden.
However imperfect this option may be, however, Kenya's legal system is light years ahead of what its neighbors can provide.
For more details on legal options for prosecuting pirates, check out Pirates and How to Deal with Them by Chatham House's Roger Middleton.
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3 comments:
Is the U.S. likely to seek the death penalty for the Somali pirate they have in custody? He sure put on a brave face judging from the pictures of his ear to ear grin! Not sure if kidnapping is a capital crime anymore a la the Lindbergh Baby case.
That's a good question. I'd be very surprised if the US wanted pushed for the death penalty. The courts have ruled that the accused Somali pirate Muse will be tried as an adult. According to U.S. sentencing guidelines, aircraft piracy (the closest crime to this one) with a dangerous weapon results in 30 years - life in prison. If Muse is convicted for kidnapping with a deadly weapon and seeking ransom, he could get 25 - 30 years in prison.
Thanks. Wonder if U.S. has considered using more onerous anti-terrorist statutes to prosecute future attacks.
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