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Page context: Home > Transport International Magazine > Issue 35 - April 2009 > Hebei Two campaign
Captain Jasprit Chawla and chief officer Syam Chetan have had a terrible year by anyone’s standards. The two officers have been detained in Korea since December 2007, after an oil spill which it is widely agreed was not their fault. They were exonerated, released, and then detained yet again while the prosecution appealed. The second time round, the two were found guilty. Despite widespread condemnation, the Korean authorities kept the officers locked up and away from their families.
The campaign to release these officers has seen the ITF and the shipping industry work together to an unprecedented degree. The company that employs the officers, V Ships, has supported and continues to support the officers throughout their ordeal. The ITF, shipping industry bodies and the Indian seafarers’ unions have all shown their opposition to the decisions made by the Korean judiciary. Many trade unionists and others have protested, including a blog expressing disgust, and a YouTube video showing the collision with an explanation of the ridiculousness of the charges brought against the men.
The actions of the ITF and the shipping industry finally put pressure on the Korean government to release the so-called Hebei Two on bail in January this year, while supreme court judges decide their fate. At the time of going to press, the decision had not been made and the ITF was continuing to campaign for the two to be allowed home. This is the full story.
December 7, 2007: A tug-towed crane barge owned by Samsung Heavy Industries collided with the anchored very large crude carrier (VLCC) Hebei Spirit after the cable linking it to the tug snapped in the rough seas. No casualties were reported but the collision punctured three of the five tanks aboard the VLCC and resulted in the leaking of some 10,800 tonnes of oil. The Hebei Spirit officers were held in Korea, pending a trial.
June 24, 2008: The trial concluded. The Hebei Spirit officers were exonerated, as were the personnel on the barge. The two tug captains were found guilty. Samsung Heavy Industries was also fined. Despite their exoneration, the Hebei Spirit’s captain and chief officer continued to be detained in Korea, because the prosecutors appealed against the decision, which then pushed the case up to the next court.
July 7, 2008: The ITF appealed to the South Korean authorities to allow the two to return home. Backed by V Ships, the men gave assurances that they would return for the next trial.
ITF maritime coordinator Stephen Cotton said: “Captain Chawla and chief officer Chetan have asked to be able to go home. We can see no possible reason why they should not be allowed to do so.”
The ITF worked with other industry bodies, including Bimco, the International Chamber of Shipping, the International Shipping Federation, Intercargo, Intertanko, the International Group of P&I Clubs and the Hong Kong Shipowners’ Association, to vigorously protest.
They issued a joint statement conveying their surprise and great concern at the news of the Korean court decision, calling it “unjustified, unreasonable and in contravention of the men’s rights”, making it clear they would continue to campaign for the officers’ release. This was an unusual step for shipping industry bodies as they usually keep out of such matters, not wanting to interfere with state sovereignty.
July-November 2008: The Korean court would not be moved and the officers were detained many miles away from their Indian homes and families. The officers were worried about the reaction to the news back home, and whether their families could cope with the stress of their further detention. Chetan missed his son’s first birthday.
The unjust actions of the Korean court were beginning to take their toll on the innocent seafarers as they started to worry about what life would be like once they were allowed to return home.
Meanwhile, the protests continued. ITF general secretary David Cockroft met justice ministry officials in Seoul on the men’s behalf.
In India, seafarers’ unions organised a joint demonstration in Mumbai. The protest resulted in an Indian government pledge to take up their plight with the Korean government and the UN’s International Maritime Organisation, and a promise from the Korean consul to raise the matter in Seoul. Abdulgani Serang, general secretary of the National Union of Seafarers of India, along with colleagues in the other Indian seafarers’ unions, made sure the plight of the Hebei Two was kept high on union agendas across the world.
November 19, 2008: The ITF seafarers’ section conference resolved to make “every effort to secure the immediate release of the captain and chief officer of the Hebei Spirit and an end to the injustice they have been subjected to.”
Later the same month, maritime trade unions and shipping companies jointly condemned the ongoing detention of the two officers and their treatment. They pledged to do all they could to secure their release. Both parties stated that since the collision and the ensuing oil spill could not be attributed to any negligence on the officers’ part and since they had already been proven innocent under South Korean law, their treatment was unlawful and unjust and contravened their human rights.
November 26, 2008: At the opening of the IMO maritime safety committee in London, the ITF backed strong interventions in favour of the detained officers from India, Hong Kong and China, stating: “We sympathise with those in South Korea affected by the oil spill but are conscious that captain Chawla and chief officer Chetan have been found innocent of causing last December’s spill. We accept that the Korean government cannot interfere with the judicial system but call on them to do everything possible to enable the seafarers to be repatriated as soon as possible. Seafarers throughout the world and their representatives are deeply concerned at the unjust treatment of these men.”
December 10, 2008: The verdict of the trial was announced. In the run-up to the decision, maritime unions around the world had pledged their support by attending Korean embassies in their own countries and handing over letters of protest to the authorities and the government of Korea, some with demonstrations outside.
Despite these actions, Chawla and Chetan were found guilty and sentenced to 18 months and eight months respectively.
The condemnation for this verdict was vehement. For the ITF, Cotton said: “This is not justice. It’s not even something close. What we have seen today is scapegoating and a refusal to consider the wider body of evidence that calls into question the propriety of the court. This decision is incomprehensibly vindictive.” This sentiment was echoed by the rest of the industry.
January 14, 2009: The ITF and the shipping industry decided to put further pressure on the Korean government. They announced a joint protest rally in London, along with international diplomatic and campaign activities. Just one day after the rally was announced, the supreme court released the two men on bail.
February 2009: Speaking just after his release on bail, Chawla said: “We are relieved to be out of jail, it is much better to be out on bail.” The two men had heard about the campaign to free them and the work of the Indian unions, Indian government, ITF and its affiliates: “Thank you all for your ongoing support, we are really very encouraged by it throughout this time and could not get through this difficulty without it,” he stated .
The men are still not home at the time of writing but all are hopeful the international spotlight will remain on Korea, which will encourage the supreme court to make the right decision and clear these men of all legal blemish so they can return home. As Chawla said: “All we hope for is that we can go home and be with our families.”
Nichola Smith is a section assistant for the agreements team in maritime operations at ITF head office.
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Issue 35 - April 2009
Other pages for Issue 35 - April 2009:
On track for equality | Gaza relief effort | Climate change | Murder at sea | Young workers | European Works Council | Power to the workers | Book review | Leading by example | Working life | In this issue
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