Director CBI inaugurates three day workshop on ‘maritime piracy’ in Delhi

New Delhi, September 24, 2014: Director CBI today inaugurated 3-Day workshop at CBI (HQ), New Delhi on “Maritime Piracy” which include issues related to kidnapping, hostage-taking and terrorism-related activities.
Addressing the august gathering, Director CBI Ranjit Sinha stressed on the need for capacity building of the law enforcement agencies as crimes like piracy have multiple jurisdiction and requires a holistic and multi-disciplinary approach in tackling them.  While bringing out the salient features of the Piracy Bill, 2012 for suppression of piracy, criminalising the act of piracy and to establish universal jurisdiction of Indian Courts on such matters, Sinha hoped that the bill will be enacted by Indian Parliament soon.
Speaking on the occasion, Martin Hanz, Deputy Chief of Mission, Embassy of Germany, New Delhi said that organised crime with a worldwide dimension and piracy in particular can only be fought effectively in an international context and by close cooperation within the international community. He said that this Workshop will provide an opportunity to exchange experiences, thoughts and ideas with a view to intensify cooperation and make the oceans of the world a safer place for international trade in a more prosperous future.
The 3-Day workshop being organized by CBI & Federal Office of Criminal Investigation (BKA) Germany, will have 15 Sessions. The Sessions will be addressed by experts from BKA Germany; IDSA; UNODC; Indian Navy; National Investigation Agency; Coastal Security Group and Law Enforcement Agencies. Theme of various sessions will include ‘Role of UNODC in Maritime Piracy’; ‘Introduction of the Anti-Kidnapping Unit of the BKA-Structure, tasks, jurisdiction; Anti Piracy operation: A perspective of Indian Navy’; ‘Maritime Terrorism’; ‘Investigation & Supervision of maritime piracy’; Challenges faced by Indian Law Enforcement Agency’; Indian Legal & regulatory framework to combat maritime piracy and best practices in the field of Maritime Piracy’; ‘Introduction to the working Group on Piracy’; ‘International cooperation on Piracy’; Investigation in the case file’ and ‘Coastal Security: The Indian Experience’.
More than 20 Senior officials of CBI, NIA and the State Police are participating in the 3-Day Workshop.  The resource persons for the Workshop are drawn from BKA Germany; Indian Navy; State Police; NIA; UNODC and IDSA.
The aim of this Workshop is to share experiences & discuss various issues related to bi-lateral and multilateral cooperation in the joint endeavor to fight against maritime piracy
The Inaugural Session of the Workshop was attended by officials from BKA Germany; Special Director Anil Sinha and other senior officers of CBI.

The following is the complete text of Speech of the Director on the occasion of Inauguration of Workshop on Maritime Piracy:
“I welcome all of you to this three day workshop being conducted by CBI in partnership with BKA Germany.  This is the first such workshop on Maritime Piracy to be organized by CBI. I am thankful to the BKA Germany for their cooperation in organizing this workshop.  Such events not only promote learning but also encourage exchange of best practices on such complicated criminal issues that require international cooperation.  
India has an extensive seaboard, being bounced on three sides of her borders by the sea. The history of Indian shipping and maritime activities goes back probably to the early times of the Rigveda. Kautilya'sArthasastra, an authoritative work on administration which was written in the fourth century B.C. lays down the functions of the Port Commissioner and Harbor Master. The Board of Shipping was one of the six departments of the Mauryan Emperors. At the head of it was a Minister who dealt with all matters relating to shipping, including the navigation of the oceans. There under him a staff of commissioners, harbor masters, etc. whose duty it was to look after ships in distress. As the Mauryan ports were mainly on the coast of the Bay of Bengal, there is conclusive evidence of the growth of trade and shipping in that sea as early as the fourth century B.C.
With the increase in global trade, the maritime security has emerged as a major challenge. Seaborne piracy against ships and vessels remains a significant issue particularly in the waters between the Red Sea and Indian Ocean, off the Somalia coast, and also in the Strait of Malacca and Singapore, which are used by over 50,000 commercial ships a year. Piracy off the coast of Somalia has been a threat to international shipping and trade. According to an estimate, the annual economic cost of Somali Piracy, as around $ 6.1 billion in 2012. Indian Ocean has also witnessed a spurt in Maritime Piracy. Indian crew as well as Indian Cargo ships has been victims in the recent years.
The Gulf of Aden that separates Somalia and Yemen and connects the Arabian Sea to the Red Sea has seen a major spurt in attacks by pirates operating from Somalia since 2008. This problem has really been exasperated in recent years, though situation is showing improvement in the past 2 years. With Indian naval presence in the Gulf of Eden, the problem that were at the time related to Somalia and the Horn of Africa, some of the pirates began to shift their operations eastwards and southwards. This led to some of the pirates operating closer to the Indian Exclusive Economic Zone (EEZ) and the Western coast of India. From December 2010, the Indian Navy and the Coast Guard conducted several major anti- piracy operations off India’s Western Coast and apprehended around 120 suspected pirates.
Piracy and armed robbery at sea require a coordinated response under the overarching legal framework provided by the 1982 United Nations Convention on the Law of the Sea. There is a broad consensus in the international community that effectively countering the Somalia piracy problems requires a comprehensive approach focusing on deterrence, security, the rule of law and development. Efforts are being made on international level to deal with the situation both through political and diplomatic means as well as defence cooperation at high seas.
The UN Secretary General presented a Report to the UN Security Council on 26 July 2010 which identified the various options for an international legal mechanism for prosecution and incarceration of the pirates, including capacity building of regional States to prosecute and imprison pirates, establishment of a Somali court in the country or in another country in the region, establishment of a special chamber or a regional tribunal or an international tribunal either with or without UN participation. The UN Secretary General also appointed a Special Adviser on Piracy who released a report in February 2011 elaborating on various options for judicial mechanisms to prosecute and incarcerate pirates.
However, at present, India does not have a separate domestic legislation to deal with piracy-related offences. In the absence of a clear and unambiguous reference to the offence of maritime piracy in the Indian law, problems have been faced in ensuring effective prosecution of the pirates. In the Alondra Rainbow case, which was the first piracy case to be tried in an Indian Court in 1999, in the absence of a piracy law or the definition of piracy in the penal law of India, other relevant provisions of the Indian Penal Code and Admiralty Jurisdiction (India) Act, 1860 were invoked to try the pirates. Although the prosecution was successful in the trial court, the appeal went in favour of the accused in the High court. Acquittal of the convicted persons was due to certain doubts in the minds of the High Court with respect to exact location of the seizure of the ship, identification of accused persons and related jurisdictional issues.
Another limitation of the IPC is that the piratical acts by a foreigner committed outside territorial waters of India do not constitute an offence under the IPC. These offences may attract lower sentences and cases may take a long time to be disposed off. Besides, Prosecution for Piracy as a crime has not been included in the Indian Penal Code, 1860 or in the Code of Criminal Procedure, 1973.
The Piracy Bill, 2012 is designed to address the existing lacunae in the Indian laws regarding absence of a clear and unambiguous reference to the offences of maritime piracy and it is intended to address the pressing and immediate need of the hour for a domestic legal framework to prosecute and punish pirates, in respect of the international crime of piracy. The objective is to make special provisions for the suppression of piracy, criminalize the act of piracy and to establish universal jurisdiction for Indian Courts.
The Parliamentary standing Committee observed that appropriate SOPs for handing over of the captured pirates to law enforcement agencies of the State Police do not exist. The committee recommended that there is a need to establish suitable institutionalized agreements/SOPs to enable smooth handling/taking over of the case between the Indian Navy (IN)/Indian Coast Guard (ICG) units and the designated Police Stations for prosecution under the Piracy Bill, 2012.
Netherlands and Germany are some of the countries that have domestic anti-piracy legislation in place. Kenya, Tanzania and Seychelles have entered into agreements with other countries for transfer of suspected pirates for prosecution on a case-to-case basis. These Countries in the region are nevertheless facing capacity and capability problems in accepting pirates for prosecution and incarceration.
For combating any crime law enforcement agencies need to be thoroughly prepared. Capacity building is an integral part of this exercise. This type of crime has multiple jurisdictions and investigation may be spread over several countries.  The investigators need to be well versed with the laws of the countries where the offences have occurred, moreover they should understand the finer aspects of investigation abroad.  Recovery of the proceeds of crime which may also include ransom money stashed in foreign jurisdictions, cargos, ships, hostages, etc. is another tedious but important task which investigators have to accomplish.  Interrogation of suspects is another essential skill in which these investigators should be trained.  Such types of organized crime therefore need a holistic multi-disciplinary approach.
Maritime piracy has therefore raised collateral issues like kidnapping and hostage-taking etc. that has necessitated capacity building through international cooperation, training, workshops, seminars etc.
The aim of this workshop is to share our experiences and discuss issues related to bilateral and multilateral cooperation in our joint endeavor to fight against maritime piracy.
Law enforcement officers from various State Police organizations and Central Agencies including CBI & NIA are attending this workshop. With the expertise of the BKA Germany pooled in, we are confident that the workshop will meet its objectives.
I wish the organizers a very grand success in their endeavors and wish the participants a happy and cheerful stay in Delhi.
Thank You.”

(SK Vyas/Jalandhar)
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