U.S.-CAPTURED SOMALI PIRATES NOW IN KENYAN CUSTODY

UNCLAS SECTION 01 OF 02 NAIROBI 000416

SIPDIS

SENSITIVE

E.O. 12958: N/A
TAGS: PHSA MOPS EAID ASEC PTER PREL SO KE
SUBJECT: U.S.-CAPTURED SOMALI PIRATES NOW IN KENYAN CUSTODY


1. (U) SUMMARY: Ten Somali pirates captured by the U.S.
Navy for high-seas piracy of an Indian vessel have been
turned over to Kenyan authorities. Absent interventions by
U.S. or Indian authorities to assert jurisdiction, Kenyan
police are proceeding full steam to prosecute domestically.
END SUMMARY.


2. (U) YO-HO-HO: Ten Somali pirates were captured January 21
by the USS Winston Churchill in international waters
approximately 54 miles off the central eastern coast of
Somalia. After many hours of ignoring communications -- and
multiple warning shots across the bow -- the pirates
surrendered the Indian-flagged vessel they had commandeered.
The vessel and its crew of 16 were rescued. The USS Winston
Churchill subsequently turned the vessel, crew and pirates
over to the USS Nassau, which delivered all off the coast of
Mombasa, Kenya the weekend of January 28-29.


3. (SBU) WHERE TO PUT THEM ASHORE?: As the USS Nassau
steamed towards Kenya, and after coordination with Washington
agencies, Embassy sought Kenyan Government views with respect
to undertaking prosecution in Kenya -- noting that the USG
and/or India might also seek jurisdiction at some future
point once all the facts were known. Post also sought Kenyan
commitment to facilitate the arrival, detention and delivery
to justice. Post held multiple discussions January 24-27
with the Permanent Secretaries for Foreign Affairs and
Internal Security, the MFA Americas Desk, the MFA Legal
Affairs Director, and Police Commissioner Ali, amongst many
others.


4. (SBU) KENYA STEPS UP: Ambassador received oral
confirmation the evening of January 26 that Kenya would
indeed accept the pirates pending final determination of
jurisdiction. Post subsequently received a Diplomatic Note,
stating that "The Ministry wishes to inform that authority
has been granted for the suspects to be handed over to the
Kenyan security forces for purposes of arrest and detention.
With regard to the request for Kenya to undertake the
prosecution of the suspected pirates, consultations among the
relevant authorities are underway and a response will be
provided as soon as possible." (MFA Diplomatic Note
MFA.231/28A(128),dated 27 January 2006).


5. (SBU) JUST THE FACTS: U.S. investigators were
transported to the USS Nassau as it approached Mombasa.
(NOTE: The Nassau stayed well off the coast, and thus out of
sight, of Mombasa. END NOTE.) Statements from the Indian
crew and Somali pirates were taken and evidence collected.
Embassy FBI, RSO, POL, and KUSLO (military group) offices,
along with other post elements, facilitated the arrival in
Mombasa, working closely with Kenyan counterparts on the
ground -- most of whom had never received instructions from
Nairobi to permit, much less to facilitate, the Indians'
arrival.


6. (SBU) THE RESCUED INDIANS: After much debate, the Indian
vessel and crew -- which wanted to proceed directly to their
original mid-East port of call -- arrived in Mombasa port
mid-day Saturday, January 28. The dhow is undergoing needed
repairs to render it seaworthy. The crew has since been
detained by Kenyan authorities for their own taking of
statements and the collection of evidence. The Indian
Assistant High Commissioner (resident in Mombasa) walked away
from the dock as the Indian vessel drew near, apparently
washing his hands of the situation (and the fate of his
rescued citizens). Subsequent Kenyan press reports say the
Indians claimed to have been tortured by the Somali pirates
during their five days of captivity.


7. (SBU) AND THE BUCCANNEERS: The Somali pirates were
ferried by helicopters from the USS Nassau to Mombasa's Moi
International Airport mid-day Sunday, January 29. They were
held there temporarily at the U.S. Embassy's warehouse
pending permission from the (recalictrant) Immigration
Officer in charge, who had never received instructions from
Nairobi. After those were obtained following multiple
Embassy interventions Sunday afternoon, he rapidly processed
their entry into the country; the police formally arrested
the 10 and transported them to holding cells. The Nassau
subsequently steamed away.

8. (SBU) WHAT NEXT?: As of mid-day Monday, January 30,
Kenyan authorities on the ground are proceeding as if Kenya
will prosecute the pirates -- unless or until highers-up tell
them otherwise. The Indians (and Somalis) remain in Mombasa.
The police are moving ahead with all necessary preparations
in order to go to court and pursue criminal prosecution of
the Somalis. In addition to conducting interviews, they are
drawing up charging documents and preparing for a court
hearing -- which may occur as soon as January 31. So as not
to delay or jeopardize Kenyan criminal prosecution, evidence
left on the USS Nassau needs to be transferred as soon as
possible to Kenyan authorities to assist in their
presentation before the court. To our knowledge, neither
post nor Kenyan authorities have heard from the Government of
India re its intentions or desires.


9. (SBU) REACTION: Kenya media have played the story
straight. Many Kenyans are fed up with the piracy, which is
affecting coastal shipping and commerce. The Somali
Transitional Federal Government has likewise supported the
capture. Several international aid workers, struggling to
avoid famine in drought-stricken Somalia, have offered us a
more drastic solution: "Next time, blast them out of the
water." What count the lives of a few pirates who have it
coming to them, they ask earnestly, when tens of thousands
will likely die because of the interruptions these attacks
cause to food supplies? Thus is the mood of Nairobi-based
humanitarians.


10. (SBU) COMMENT: This is a major success story. After
more than three dozen pirate attacks off the Somali coast in
the past 18 months, one group of international brigands is
being brought to justice. Absent requests otherwise from
Washington or New Delhi, it appears Kenya will proceed to
prosecute the ten pirates for their crimes on the high seas.
Post will seek high-level confirmation of the same from the
Kenyan government. Post has just heard of a Chinese crew
having been similarly rescued; if this is to become an
ongoing affair, the USG needs to begin working on a broader
strategy to obtain and maintain Kenyan support for domestic
prosecutions. In the meantime, post extends its appreciation
to the entire inter-agency community that worked day and
night to make this (first) capture and turnover happen.
BELLAMY