Contact Group on Piracy off the Coast of Somalia (CGPCS) |20 August 2020
CGPCS condemns premature release of convicted pirates in Somalia
The chair of the Contact Group on Piracy off the Coast of Somalia (CGPCS), Dr. Monica K. Juma, (Oxon), CBS, hasconveyed deep concern and alerted the international community and the UNSecurity Council over the recent decision of the Parliament of the RegionalState of Puntland in Somalia to unilaterally breach the Agreement on Transferof sentenced pirates between Republic of Somalia and the Republic ofSeychelles and for establishing a “technical committee on the release of piracyPrisoners”.
The decision implies that all 25 convicted pirates currently held in Bosasso (4)and Garowe (21), will be released between one and six years earlier than theirsentences stipulated.
The untimely release of these prisoners contravenes twoArticles of the Agreement signed by Seychelles and the Federal Governmentof Somalia on the margins of the London Conference on Somalia in February2011.
Indeed, Article 5 on “Retention of Jurisdiction” clearly stipulates that“The Transferring State or Authority shall retain exclusive jurisdiction for thereview of the judgement or sentence.”
Additionally, pursuant to Article 7.1 on“Continued Enforcement of Sentence” of the same MoU “The receivingState/Authority shall continue to enforce the sentence as if the sentence hasbeen imposed by the receiving State or Authority”.
The early release of theconvicted pirates compromises the agreed arrangements providing for therepatriation of such individuals to their home country to serve their sentenceon a humanitarian basis.
The CGPCS chair recalls the 22nd CGPCS Plenary Session recommendationsof June 20, 2019 in respect to “strict observance of Transfer Agreement”as per paragraph 11 of the Final Communique.
The CGPCS chair calls upon the Federal Government of Somalia to facilitatethe review the decision and commit to no release of convicted pirates servingtime in Somalia.
The undermining of the agreement with the Republic ofSeychelles by a Regional State in Puntland could impact on the ability of theFederal Government of Somalia to handle transfers of convicted pirates.
It is the strong opinion of the chair therefore, that this situation is notacceptable and calls for an urgent meeting of the members of the ContactGroup to discuss the matter and agree on concrete steps forward.
The CGPCS chair commends the years of collective efforts of the internationalcommunity to deter piracy by establishing a mechanism for the arrest, fairprosecution, and humanitarian incarceration of Somali pirates. In this regard,any action against the collective efforts of Contact Group members are discouraged and strongly condemned as it will negatively impact on theacquis to reduce maritime security and its negative socio-economic impacts onthe region and the world at large.
Communique from the CGPCS chair