Well , well , well. Supposed saga from Arres
Post# of 123741
Supposed saga from Arrest News, in 2013....maritime industry rag:
On 23/9/2013, m/v Rhosus, flying the Moldovian flag, sailed from Batumi
Port, Georgia heading to Biera in Mozambique carrying 2,750 tons of
Ammonium Nitrate in bulk.
En route, the vessel faced technical problems forcing the Master to
enter Beirut Port. Upon inspection of the vessel by Port State Control,
the vessel was forbidden from sailing. Most crew except the Master and
four crew members were repatriated and shortly afterwards the vessel
was abandoned by her owners after charterers and cargo concern lost
interest in the cargo. The vessel quickly ran out of stores, bunker and
provisions.
Various creditors came forward with claims against her. Our firm acting
on instruction of these creditors obtained three arrest orders against
the vessel. Efforts to get in touch with the owners, charterers and cargo
owners to obtain payment failed.
In the meantime, the Master and crew remaining on board were
in jeopardy due to the shortage of stores and provisions. To make
things worse, the crew were restrained on board the vessel owing to
immigration restrictions. Diplomatic efforts were attempted to have
the crew repatriated but without success. The crew subsequently
approached us for assistance. Acting on compassionate grounds, we
applied to the Judge “Of Urgent Matters” in Beirut for an order authorizing
the crew to disembark and return home. Our application was based on
the breach of the right to personal freedom which is protected under
the Constitution of Lebanon and the International Convention of Human
Rights and Personal Freedoms. Emphasis was placed on the imminent
danger the crew was facing given the “dangerous” nature of the cargo
still stored in ship’s holds.
The port authorities and the vessel’s agents were invited by the Judge
to comment on our application. Our application eventually succeeded
and the Judge ordered that necessary permits be issued for the crew
to disembark and return home. The decision rendered by the Judge is
considered of landmark importance because as it has established the
principles that personal freedoms ought to be protected regardless of
any administrative considerations and that the Judge “Of Urgent Matters”
can intervene to ensure protection of these rights.
Owing to the risks associated with retaining the Ammonium Nitrate on
board the vessel, the port authorities discharged the cargo onto the
port’s warehouses. The vessel and cargo remain to date in port awaiting
auctioning and/or proper disposal.