Thu, 25 Aug 2005

Croatian ship owner to take RI to court

The Jakarta Post, Jakarta

The owner of a Croatian-flagged cargo ship threatened to take the Indonesian government to an international maritime court a day after the Indonesian Navy stormed the vessel and detained 17 crew members at gunpoint.

"We will file a suit with the (International) Maritime Court," said Agoes Salim Dunda, a representative of the owners of the log carrier, the MV Mirna Rijeka in Jakarta.

"The High Court already said the ship was free to sail, but the ship and crew are still being detained. Government officials and prosecutors are not abiding by their own laws," he said on Wednesday.

The Croatian ship has been involved in a lengthy legal battle with Indonesian officials since August 2004. The Navy stopped the vessel in Papua in August after it took on a consignment of logs.

A statement from the Croatian authorities said that the ship had been detained for having incorrect documentation.

But the case widened to include alleged illegal logging and was brought to court in April. Minister of Forestry Malam Sambat Kaban said that the vessel had been carrying some 15,000 cubic meters of illegal logs when it was detained.

The East Java High Court, however, ruled in favor of the company in May, and ordered the Navy to escort it from the port city of Surabaya to international waters.

However, the Navy prevented it from leaving following an order from the prosecutor's office. Attorney General Abdul Rahman Saleh said that his office had decided to appeal to the Supreme Court against the high court's decision.

On Tuesday, 200 navy personnel boarded the ship. During the incident, a gun was reportedly held at the captain's head. Twelve armed men remained on the vessel Wednesday, preventing the 17 crew members from leaving.

Capt. Joso Nekic told The Associated Press that things had calmed down in the last 24 hours.

Abdul M. Saleh, a Navy spokesman, said that the Navy was only protecting evidence until the legal process was finished. He also dismissed reports that the Navy had threatened the ship's captain.

Coordinating Minister for Political, Legal and Security Affairs Widodo Adi Sucipto said on Wednesday that the vessel would continue to be detained until the judicial process had been completed.

"If the legal process finds that no crime has been perpetrated, then we will order the Indonesian eastern fleet command to release the vessel so as avoid disrupting bilateral relations," he told reporters.

Widodo said that releasing the ship before the completion of the legal process would give the impression that foreign ships could enter Indonesian waters without proper documentation.

The government says it has declared war against illegal logging, particularly in Papua, which environmentalists say has been a major source of illegal logs smuggled to China and Europe.