Captain of hijacked UAE ship dies

The captain of RAK Afrikana, owned by a UAE-based company, that was released by Somali pirates 11 months after it was hijacked, died of brain haemorrhage on May 16.

Captain Prem Kumar, 49, had reportedly suffered a paralytic stroke on January 26 while in captivity. Kumar is credited with playing a significant role in preventing the pirates from using the vessel as a mother ship to launch further attacks.

He was among the 26 men who were kept hostage for 11 months following the hijacking on April 11, 2010 near Seychelles.

In a strange twist of fate, Kumar was the brother-in-law of Sanjay Verma, India’s Consul-General in Dubai, whose task it was to negotiate with the pirates to get the ship freed. While Verma did manage to get the hostages freed, apparently enough damage had been done to his brother-in-law's health, which eventually led to his death last week.

While they negotiated with the owners of the cargo ship, the pirates reportedly kept hostages on a diet of thin onion soup and rice. The crew lived in constant fear and it is believed they were tortured while in captivity.

According to reports, a ransom of some $1.2 million was paid, following which the sinking RAK Afrikana was abandoned by pirates. An Italian ship later rescued the crew.

According to figures released by the International Maritime Organisation (IMO), incidents of piracy have been increasing and during the first four months of 2011 alone, about 173 incidents have been reported worldwide with 23 successful hijackings. Somalia alone accounted for 117 incidents and 20 successful hijackings. So far in 2011, Somalian pirates have taken 338 seafarers hostage of whom seven were killed in captivity.

A total of 26 vessels and 518 seamen continue to remain hostages under Somali pirates.

Meanwhile, in a significant development, IMO’s Maritime Safety Committee has approved the Interim guidance on the use of privately contracted armed security personnel on board ships transiting the high-risk piracy area off the coast of Somalia and in the Gulf of Aden and the wider Indian Ocean.

The guidance, aimed at addressing sensitive issues related to the employment of private, armed security on board ships, is addressed to the shipowners, ship operators, and shipmasters on the use of privately contracted armed security personnel on board ships in the High Risk Area, and Interim recommendations for flag States on the use of privately contracted armed security personnel on board ships in the High Risk Area.

The guidance notes that flag State jurisdiction and any laws and regulations imposed by the flag State concerning the use of private security companies apply to their vessels. Port and coastal States’ laws may also apply to such vessels.

While stating that preference should be given to follow the best practices to prevent pirate attacks rather than opt for privately contracted armed security personnel (PCASP) the guideline suggests that the latter should only be considered after a risk assessment has been carried out.

The recommendations, it suggests, are not intended to endorse or institutionalise the use of PCASP and do not address all the legal issues that might be associated with their use onboard ships.

The guidance includes sections on risk assessment, selection criteria, insurance cover, command and control, management and use of weapons and ammunition at all times when on board and rules for the use of force as agreed between the shipowner, the private maritime security company and the Master.

The interim recommendations for flag states recommend that flag states should have in place a policy on whether or not the use of PCASP will be authorised and, if so, under which conditions. A flag state should take into account the possible escalation of violence, which could result from the use of firearms and carriage of armed personnel on board ships when deciding on its policy.

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