判例法数据库

海盗行为和海上犯罪

THE REPUBLIC v HOUSSEIN MOHAMMED OSMAN AND TEN (10) OTHERS

事实梗概

On the 28th of March, 2011 at about midday the crew of the vessel, Draco, had just put out the nets to start fishing when one of the four security officers who was on the lookout in the observation post located on top of the tower sighted a blue small skiff approaching from the rear at a very high speed of about 27 knots. He alerted the rest of the crew via radio. Another security officer had also seen the blue skiff from the second security position at the bridge. At that time, since the nets had already been lowered into the water, the Draco was incapable of maneuvering.

The witnesses were able to see 6 to 8 Persons On Board (POB) the blue skiff which continued to move towards the Draco even when Vasilier had started firing flares in the air and warning shots into the water, in front of the skiff. In particular, one witness saw one of the POB in a standing position with a Bazooka on the shoulder pointed to the Draco.

Undeterred by the flares and warning shots, the skiff went on to close the distance between the two vessels. That the closest it came to the Draco was 300 nautical miles when the witness named Vasilier intensified the fire which eventually repulsed them and it turned around on the portside of the vessel and sped away. In total, Vasilier had fired 171 rounds both in the air and into the water. By this time, the Draco had already sent out a radio message calling for help from the nearby EUNAVFOR vessel.

Judgement: Found guilty and convicted on two counts; count 2 for 10 years and count 3 for 6 years to run concurrently.

判决日期:
2011-10-12

交叉问题

责任

... 为了

• 未遂

... 根据

• 犯罪意图

... 作为涉及方

• 主犯

犯罪

详情

• 捲入到有组织犯罪集团 (第 2 条(a) CTOC)
• 發生跨一個(或多個)國際邊界(跨國)

所涉国家

塞舌尔

索马里

西班牙

法国

程序步骤

法律制度:
混合制度
最新的法院:
最高法院
诉讼类型:
刑事的
被告人的审讯:
与同案其他被告一同处理(合并审讯)
 
 
诉讼 #1:
  • 阶段:
    初审
  • 法院

    • 刑事的

    刑事判决

    刑事判决

    监禁期:
    16 岁
     

    被告/ 初审被申请人

    其他被告人的数目:
    10
    被告:
    Houssein Mohammed Osman and Ten Others
    国籍:

    法院

    Supreme court of Seychelles

    管辖权

    A pirate is treated as an outlaw, as the enemy of all mankind (hostis humani generis), and since the crime is committed at the high seas, he places himself beyond the protection of any State and any Nation may in the interest of all capture, prosecute and punish. Hence, bringing to the fore the principle of universal jurisdiction.