SOMALI PIRATES CAPTURED AFTER FIRING ON US NAVY

C O N F I D E N T I A L NAIROBI 001243

SIPDIS

E.O. 12958: DECL: 3/18/2026
TAGS: MOPS PHSA ASEC PTER KE SO
SUBJECT: SOMALI PIRATES CAPTURED AFTER FIRING ON US NAVY

Classified By: PolCouns Michael J. Fitzpatrick. Reasons 1.4(a,b,d)


1. (C) SUMMARY: Post sees no likelihood of Kenyan
prosecution of those captured March 18 for armed attack
against U.S. warships off the coast of Somalia. Post
supports direct transfer (NOT via Kenya) of the detainees for
U.S. prosecution. END SUMMARY.


2. (SBU) Presumed Somali "pirates" engaged in armed fire
against U.S. Naval vessels in international waters off the
coast of Somalia, in the early hours of March 18. Post
understands that the Somalis initiated fire against the U.S.
vessels after one ship began lowering RHIBs to undertake
standard boarding procedures. After returning fire, the U.S.
Navy heavily damaged at least one of three small skiffs,
killed one attacker, captured approximately one dozen others
and rendered medical assistance to detainees. (Post has no
knowledge as to whether (and what kinds of) onshore medical
facilities may be required. We understand the U.S. ships are
NOT currently headed towards Kenya.) Navy is subsequently
collecting evidence, including weapons.


3. (SBU) After notification by State Ops Center, Charge
convened POL, RSO, DAO, KUSLO, Regional Affairs, Public
Affairs and FBI representatives the morning of March 18 and
again early evening in order to exchange information and
consider alternative courses of action.


4. (C) JURISDICTION FOR PROSECUTION?: Post sees no Kenyan
linkage to this incident -- nor much likelihood that Kenyan
authorities would be anxious right now to prosecute more
Somalis for high seas piracy. (NOTE: The Kenyan trial of 10
Somalis captured by the U.S. Navy January 21 for the pirating
of an Indian dhow is still ongoing, though close to
conclusion in the port city of Mombasa. END NOTE.). Legatt
has been in touch with Department of Justice re U.S. desire
to prosecute for what appears to be an armed attack on a U.S.
man of war (vice piracy). We understand there is a strong
possibility of U.S. prosecution but no final determination
has yet been made.


5. (C) POSSIBLE REPERCUSSIONS?: The crew of a separate
Indian dhow has been held hostage by Somali pirates in the
same general coastal area since February 26. An Indian
destroyer had previously been in the area, but has reportedly
been recalled. The Indian government is reportedly
negotiating ransom. It is unknown whether there is any
relationship between the two sets of attackers -- or how
those holding the Indians might respond to this latest
anti-piracy incident.


6. (SBU) MEDIA: Post defers to the just-published NAVCENT
statement (Release 043-06) regarding the incident. Post
would appreciate information re U.S. decision to prosecute
when that determination has been made.


7. (SBU) COMMENT: Post recommends the USG not seek to
transport the detainees to Kenya, either for Kenyan
prosecution or for ultimate transfer to the U.S. for
prosecution. Post supports the possibility of U.S.
prosecution and suggests that the detainees be kept in U.S.
Navy hands until directly transferred to the U.S. for
prosecution. Post also understands that there is no
indication thus far that this incident was terrorism-related;
it appears to be "just" the latest case of Somali pirates
operating on the high seas.
ROWE