Tribunal to rule on habeas corpus for ships in treasure hunting case

JUDGES of the International Tribunal for the Law of the Sea in Hamburg have yet to deliver a final ruling on the seizure of research vessel Louisa in Spain where she is suspected of illegal treasure hunting but has been held for six years without authorities making a case.

The case is only the 18th to be heard by the International Tribunal for the Law of the Sea since its establishment in 1996. Twenty judges from all over the world travelled to Germany to adjudicate.

The crew had a licence to locate gas and oil off the Spanish coast, but Spain alleged that the crew were searching for old galleys and valuable equipment and cargo, reports Maritime Advocate Online.

"This is a unique case", said Christoph Hasche, a partner specialising in maritime law at international law firm, Taylor Wessing in Hamburg. "The tribunal has never had to decide upon such a long period of detention". In the meantime, the research vessel has been reduced to its salvage value after Spain prevented any maintenance works.

Under international law of the sea, ships may only be detained for as long as it takes to conduct investigations and to secure evidence. "If a claim is not then filed, the authorities must release the ship, possibly in return for the posting of bond. This has been refused by Spain," said Mr Hasche, who is acting for the applicant, or plaintiff, in the case.

The applicant is the Caribbean islands of Saint Vincent and the Grenadines. Since the vessel was flying the flag of these islands, they were the only possible applicants to institute proceedings. The shipping company had chartered the ship out to a Texan company, which is involved with the exploration and extraction of natural gas and oil. This company must continue to make the charter payments for the ship.
(Source:www.schednet.com)