US to remove captain of oil tanker off Scottish coast 'imminently'
The captain’s wife had called for her husband to be protected by the Scottish courts, but it now looks like he and his first officer will be removed by the US.
The US is planning to remove the captain and first officer of an oil tanker currently being held off the coast of Moray.
The US seized the Russian-flagged Marinera oil tanker on January 7 in waters south of Iceland, accusing it of breaching sanctions by carrying oil for Venezuela, Russia and Iran. The vessel was then sailed south to the Scottish coast.
However, last night Lord Young rejected a request at the Court of Session from the captain’s wife to stop the US removing her husband from Scottish jurisdiction.
Nata Dzadzama argued that her husband Avtandil Kalandadze should be protected by the Scottish courts and European human rights law.
Lord Young said the State Immunity Act 1978 means he does not have the power to make an order like this against a foreign government.
Claire Mitchell KC, representing Ms Dzadzama, said: “They haven't had access to solicitors. They haven't had access to the outer world save for one message the captain was able to pass through to a third party.
“And we have concerns that if we don’t have this interim interdict granted this evening that they may be removed from the jurisdiction.”
Ms Mitchell says the US government is trying to bypass the extradition process to take the captain to the US.
She said: “The Americans have brought people to Scotland and that has made them subject to the jurisdiction of the Scottish courts. All that I’m asking for is for these people not to be moved.
“All that we are asking this court to do today, is to grant an interim order to ensure that the rights of these people who have been brought to Scotland, are not violated.”
Chris Pirie KC, counsel for the UK Government, said he understands the 26 crew members from the Marinera have been brought ashore from the vessel and that Mr Kalandadze “has been transferred to a US coastguard vessel and that vessel is planning to depart imminently”.
The Scottish Government's lawyer Dominic Scullion said the captain and first officer may in fact already have left UK waters. There are conflicting reports on the location of other crew members and whether or not they are under the custody of immigration officials.
Lord Young granted a limited interdict so the UK and Scottish governments cannot remove the captain or crew until the court considers the case further.
The MoD provided operational support and US planes used Scottish airports during the seizure of the vessel earlier this month.
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