Case Law Database

Piracy and Maritime crime

THE REPUBLIC v NUR MOHAMED ADEN AND NINE (9) OTHERS

Fact Summary

Witness PW4 a Seychellois skipper and the Captain of the vessel Faith bearing registration number SZ1146 testified that on the 9th of November, 2010 he had gone fishing in the outer islands with six other Seychellois. It was their evidence that on the 16th of November, 2010 between 07.00 pm and 08.00 pm, while looking for sea cucumbers at some point about 41 to 42 nautical miles from Mahe island, one of them heard the noise of outboard engines and before he could go out to see who was coming someone started shouting "pirates, pirates, pirates". At the same time, the crew heard the men who had arrived in two small boats banging the ship and shouting "stop, stop, stop".

By that time, four intruders armed with AK 47 guns had already boarded the Faith and started harassing the fishermen and asking for money and other items. They pointed guns at them and most of the time on the head and threatened to kill them. They ordered the witnesses to take them to Somalia and threatened to cut their necks if the Seychelles government did not pay them three billion US dollars for their release. It was their evidence that the assailants spoke to them in broken English while others used sign language or gestures. The two small boats had gone back and fetched more men. That another boat, bigger than the two small ones was later signaled to join the three vessels. All the eleven men from the three vessels had boarded the Faith with rifles and Rocket Propelled Grenades (RPG).

Judgement: The judge was convinced that the attack was well planned and coordinated. All the accused were found to be willing participants in the whole enterprise and none of them raised any aspect of involuntary participation. It was found to be a concerted effort by all the accused from which common intention could be positively inferred.

Each one of the ten accused persons were thus found guilty and convicted as charged on both piracy counts. @0 years for count 1 and 10 years for count 2 to run concurrently.

Sentence Date:
2011-02-28

Cross-Cutting Issues

Liability

... for

• completed offence

... based on

• criminal intention

... as involves

• principal offender(s)

Offending

Details

• involved an organized criminal group (Article 2(a) CTOC)
• occurred across one (or more) international borders (transnationally)

Involved Countries

Seychelles

Somalia

Procedural Information

Legal System:
Mixed System
Latest Court Ruling:
Supreme Court
Type of Proceeding:
Criminal
Accused were tried:
together (single trial)
 
 
Proceeding #1:
  • Stage:
    first trial
  • Court

    • Criminal

    Sentences

    Sentence

    Term of Imprisonment:
    30 years
     

    Defendants / Respondents in the first instance

    Number of other accused:
    9
    Defendant:
    Nur Mohamed Aden and Nine Others
    Nationality:
    Somali

    Court

    Supreme court of Seychelles

    Jurisdiction

    In the famous case of In re Piracy Jure Gentium, 1934 page 586 the Privy Council stated that a person guilty of piracy at the high seas places himself beyond the protection of any state and is considered to be hostis humani generis (enemy of humanity). Therefore, under customary international law, a pirate is subject to universal jurisdiction or justiciable by any state anywhere since the crime of piracy jure gentium is taken to be a contravention of jus cogens (compelling law). Seychelles has since the 17th of March, 2010 amended the relevant law incorporating a detailed definition of piracy, as laid out in the United Nations Convention on the Law of the Sea 1982 (UNCLOS), and properly prescribing the jurisdiction of its courts as seen from the above provisions. In short, this court has jurisdiction to try any piracy crime committed on the high seas, like the one on hand, or anywhere else, but outside the jurisdiction of any other state.