SEYCHELLES ARRESTS NINE SUSPECTED PIRATES, BUT

C O N F I D E N T I A L PORT LOUIS 000132

SIPDIS

AF/E FOR MARIA BEYZEROV
ANTANANARIVO FOR DAO
NAIROBI FOR KUSLO

E.O. 12958: DECL: 04/29/2019
TAGS: MARR PREL MASS MOPPS SE
SUBJECT: SEYCHELLES ARRESTS NINE SUSPECTED PIRATES, BUT
DOESN'T KNOW WHAT TO DO WITH THEM

Classified By: Charge d'Affaires, Virginia M. Blaser, Reasons 1.4 (b an
d d)


1. (C) Summary. As reported in the press, the Seychelles
Coast Guard recently brought into the country for prosecution
nine suspected pirates captured by a Spanish warship in
Seychelles waters. The suspects are thought to have attacked
an Italian cruise ship, the MSC Melody, before the Melody
repulsed the attack using guns and a firehose. With the nine
now in custody in Seychelles, the Government of Seychelles is
concerned that they may not have the legal framework in place
to try the suspects. A British delegation is scheduled to
travel to Seychelles next week to assist the GOS by providing
legal technical assistance. Failure to successfully
prosecute would hurt the government. End Summary.


2. (U) On April 27, a Spanish warship chased two skiffs and
captured nine suspected pirates after the pirates allegedly
attacked an Italian Cruise ship some 200 miles off the coast
of the Seychelles. The Spanish turned over the suspects to
the Seychelles Coast Guard, who brought the pirates to land
for trial. According to press reports, the Government of
Seychelles is considering "pressing charges locally" although
noting the charges may depend upon the attorney general's
office and the "evidence the police put forward."


3. (C) On 30 April, CDA spoke with Jean-Paul Adams, Chief of
Staff to the President of the Seychelles, who reported that
the GOS is concerned that the Seychelles may not have the
legal framework to try the suspects. There is a possibility,
he said, that a law on hijacking may be used for charging the
suspected pirates. Even if, however, the GOS determines the
hijacking law would allow for the trial and convictions of
the suspected pirates, Adams remained worried that the GOS
might not be able to provide enough evidence to meet the
burden of proof standard. When CDA asked for an example,
Adams noted that while the GOS did have witnesses to testify
to maintenance of aerial observation of the pirate ship from
the time of the attack until the time of the arrest, the fact
that they can establish they had "pretty much" continuous
aerial surveillance might not be enough.


4. (C) In a separate conversation between the Acting British
High Commissioner, Ewan Ormistan, and the CDA on 29 April,
the A/BHC reported that a team of British experts was
traveling to Seychelles on 4 May to provide technical legal
assistance on piracy issues. The Delegation is thought to
include UK naval officers and lawyers who could assist the
GOS with interpretation of the laws in place which would
allow for the arrest and conviction of the pirates.


5. (C) Comment: Embassy open source searches found only one
piracy-related law on the books for the Seychelles;
specifically, in September 1991, the Seychelles ratified the
UN Convention on the Laws of the Seas. The pressure on the
GOS to deliver some action on piracy -- which greatly impacts
the two main industries in Seychelles of fishing and tourism
-- is mounting daily. This bankrupt country can ill afford
more loss to its two main industries, which may have been a
contributing factor to the Coast Guard accepting pirates
before clearing whether the Government had capacity (legal or
physical) to try them. It appears the GOS is now looking for
quick solutions to the gap in its legal infrastructure, but
it remains uncertain whether the GOS will be able to
successfully try these nine suspected Somali pirates.
Failure to do so, and worse yet, possibly letting the pirates
go because of the lack of legal framework, would be a very
significant blow to the government. End comment.
BLASER