Paul Watson Foundation seeks review of Bandero operation

The Captain Paul Watson Foundation has asked Iceland’s justice and infrastructure ministers to order an administrative review of the authorities’ actions against the ship Bandero and its crew, mbl.is reports.

The foundation has questioned the legal basis for the use of force at sea, the ship’s detention, the expulsion of crew members and the police investigation.

The request was submitted on 18 August by lawyer Bjarni Már Magnússon to Justice Minister Þorbjörg Sigríður Gunnlaugsdóttir and Infrastructure Minister Eyjólfur Ármannsson on behalf of the foundation.

Questions over legal basis

The foundation said it was unclear whether law enforcement agencies had sufficient legal authority to take control of Bandero. It also questioned the legal basis for the operation and whether the pursuit complied with the United Nations Convention on the Law of the Sea.

The submission notes that the Police Act and the Coast Guard Act define police powers at sea in different ways. The foundation said it must therefore be clear which law enforcement body carried out each task and in which maritime area.

It argued that any possible gap in the legal framework could not be addressed through an expansive interpretation of the law or administrative instructions when intrusive powers were being used.

Dispute over ship’s detention

The foundation also objected to Bandero’s detention and to the port state control inspection carried out by the Icelandic Transport Authority. No representative of the ship was present during the inspection that led to the detention, it said, meaning that nobody could point out documents that were allegedly missing.

According to the submission, only one issue now stands in the way of lifting the detention: confirmation that Panama recognises the ship’s tonnage certificate.

The foundation maintains that the certificate was still valid when the detention decision was made. Bandero was registered under the Panamanian flag on 7 May, and under an international convention on ship measurements, a certificate from the previous flag state remains valid for up to three months after a change of flag, or until a new certificate is issued.

Its validity would therefore not have expired until after the ship was detained. The foundation is nevertheless working to obtain confirmation from the flag state and, if necessary, a new certificate to facilitate the ship’s departure.

Expulsions strongly criticised

The foundation strongly criticised the decision to expel crew members from Iceland. It said the decision was largely based on a general description of the crew’s conduct as a whole, without an individual assessment of each person.

It also said the authorities had claimed that crew members had violated the General Penal Code before their criminal liability had been determined by a court.

The expulsions created a particular problem for Bandero’s crewing, the foundation said. On one hand, the authorities detained the ship on grounds of navigational safety. On the other, they expelled people needed to crew the ship safely and sail it out of port.