Documents revealed by SeaNews Turkey shows that Ukraine arrested the Turkish owned ship Kanton which she cleared before through the State Security Service of Ukraine.
MV Kanton (registered in Tuvalu) has been arrested in Kherson seaport for docking in the ports of annexed Crimea."Investigators from the Prosecutor General's Office of Ukraine (PGO) department on representing the interests of citizens or the state in court and fighting crime and corruption in the temporarily occupied territory of the Crimean peninsula, are investigating the facts of the vessel's violating the order [banning vessels from] entering Crimean ports," reads the report issued by the PGO.
According to Deputy Prosecutor General and Chief Military Prosecutor Anatoliy Matios, during the investigation it was found out that a vessel registered to Tuvalu illegally docked in the closed port of Sevastopol in July 2014, and in March 2015 it docked in Kherson seaport for loading.
The vessel was subsequently notified in a letter that it was under suspicion of breaking the law, and a request for international legal assistance was sent to the relevant authorities in Tuvalu.
What actually happened?
According to Turkish owner of the ship Kanton, Capt. Tamer Demirci, the ship Kanton made the Sevastopol port late in June 2014 before the announcement of Ukraine and he had no intention to break the law enforced by Ukraine.
In proof of his claim, Captain Demirci puts forward the "clean paper" which clears the ship Kanton, given by the Ukrainian authorities.
The document, given and undersigned by the State Security Service of Ukraine, reveals that during the preliminary investigation found that the ship "Kanton" (under the flag of state of Tuvalu, IMO number 9412311) entered the internal waters of Ukraine and in the waters of the port Sevastopol from 24 to 29 July 2014 and loaded 4305 tons of grain yield.
According to the letter, dated from 18.09.2014, received from the company «Master Shipping LTD.», which owns the vessel «Kanton», found that on 27.08.2014 they received a letter from the "Ukrainian independent maritime unions” which contained the information on the order of the Ministry of Infrastructure of Ukraine # 255 "On closing seaports", which entered into force on 15.07.2014.
According to information, available at the pre-trial investigation, until 27.08.2014, Company «Master Shipping LTD.», Ship owner, manager and other representatives of the company did not receive any information about the closure of seaports in the temporarily occupied territory of Crimea, (letter from the company “Master Shipping LTD ", prompted by the State Inspectorate of Ukraine on security in maritime and river transport number 3083 - 01/04.02/45-14 dated from 3.10.14, number 3478 - 03/04.1.2/45-14 dated from 13.11.2014, responds to the requests from the "Ukrainian independent maritime unions» ???? 42/14-b from 13.11.2014, protocol of the interrogation of witness Tamer Demrcii). In turn, the company «Master Shipping LTD» Signed a contract for a specified freight transportation on 14.07.2014, i.e. the day before the adoption of the order to close the seaports in the temporarily occupied territory of Crimea.
Thus, during the preliminary investigation it was revealed, that the crew of «Kanton» and company «Master Shipping LTD.», had no intent and did not commit action for breach of entering the temporarily occupied territory of Ukraine and exit from it in order to harm to the interests of the state, which means, that their actions have no signs of a criminal offense under Article 332-1 Part 1 of the Criminal Code of Ukraine.
Ship is innocent
Capt. Demirci says that he acted accordingly with the clean paper received from Ukrainian Authorities and relied on the paper that accepts the ship was clean.
The ship is forced to keep on anchor by the Ukrainian authorities. Ukraine does not seem to accept the clean paper which was given by her own State Agency.
Mr. Demirci stated the following:
"The behaviour of the judge is unandstandable. The judges coming with the decision in hand. It has been pre-decided to arrest my ship. Ukraine does not seem to accept her own document that the ship was clean. They force the 10 Turkish crew members to stay onboard the ship. Neither the Captain nor the Crew is the same people when the ship entered Sevastopol. They are different people. They can not be kept as guilty even if there was a crime. The act against my ship is a legal trap prepared by Ukraine. They first give clean paper to my vessel and then they arrest my ship."
Below are the documents. SeaNews expects Ukrainian authorities to act accordingly with their own documents.
Second document: f court decision regarding the arrest of Kanton (In English, Ukrainian original and Turkish)
MV Kanton (registered in Tuvalu) has been arrested in Kherson seaport for docking in the ports of annexed Crimea."Investigators from the Prosecutor General's Office of Ukraine (PGO) department on representing the interests of citizens or the state in court and fighting crime and corruption in the temporarily occupied territory of the Crimean peninsula, are investigating the facts of the vessel's violating the order [banning vessels from] entering Crimean ports," reads the report issued by the PGO.
According to Deputy Prosecutor General and Chief Military Prosecutor Anatoliy Matios, during the investigation it was found out that a vessel registered to Tuvalu illegally docked in the closed port of Sevastopol in July 2014, and in March 2015 it docked in Kherson seaport for loading.
The vessel was subsequently notified in a letter that it was under suspicion of breaking the law, and a request for international legal assistance was sent to the relevant authorities in Tuvalu.
What actually happened?
According to Turkish owner of the ship Kanton, Capt. Tamer Demirci, the ship Kanton made the Sevastopol port late in June 2014 before the announcement of Ukraine and he had no intention to break the law enforced by Ukraine.
In proof of his claim, Captain Demirci puts forward the "clean paper" which clears the ship Kanton, given by the Ukrainian authorities.
The document, given and undersigned by the State Security Service of Ukraine, reveals that during the preliminary investigation found that the ship "Kanton" (under the flag of state of Tuvalu, IMO number 9412311) entered the internal waters of Ukraine and in the waters of the port Sevastopol from 24 to 29 July 2014 and loaded 4305 tons of grain yield.
According to the letter, dated from 18.09.2014, received from the company «Master Shipping LTD.», which owns the vessel «Kanton», found that on 27.08.2014 they received a letter from the "Ukrainian independent maritime unions” which contained the information on the order of the Ministry of Infrastructure of Ukraine # 255 "On closing seaports", which entered into force on 15.07.2014.
According to information, available at the pre-trial investigation, until 27.08.2014, Company «Master Shipping LTD.», Ship owner, manager and other representatives of the company did not receive any information about the closure of seaports in the temporarily occupied territory of Crimea, (letter from the company “Master Shipping LTD ", prompted by the State Inspectorate of Ukraine on security in maritime and river transport number 3083 - 01/04.02/45-14 dated from 3.10.14, number 3478 - 03/04.1.2/45-14 dated from 13.11.2014, responds to the requests from the "Ukrainian independent maritime unions» ???? 42/14-b from 13.11.2014, protocol of the interrogation of witness Tamer Demrcii). In turn, the company «Master Shipping LTD» Signed a contract for a specified freight transportation on 14.07.2014, i.e. the day before the adoption of the order to close the seaports in the temporarily occupied territory of Crimea.
Thus, during the preliminary investigation it was revealed, that the crew of «Kanton» and company «Master Shipping LTD.», had no intent and did not commit action for breach of entering the temporarily occupied territory of Ukraine and exit from it in order to harm to the interests of the state, which means, that their actions have no signs of a criminal offense under Article 332-1 Part 1 of the Criminal Code of Ukraine.
Ship is innocent
Capt. Demirci says that he acted accordingly with the clean paper received from Ukrainian Authorities and relied on the paper that accepts the ship was clean.
The ship is forced to keep on anchor by the Ukrainian authorities. Ukraine does not seem to accept the clean paper which was given by her own State Agency.
Mr. Demirci stated the following:
"The behaviour of the judge is unandstandable. The judges coming with the decision in hand. It has been pre-decided to arrest my ship. Ukraine does not seem to accept her own document that the ship was clean. They force the 10 Turkish crew members to stay onboard the ship. Neither the Captain nor the Crew is the same people when the ship entered Sevastopol. They are different people. They can not be kept as guilty even if there was a crime. The act against my ship is a legal trap prepared by Ukraine. They first give clean paper to my vessel and then they arrest my ship."
Below are the documents. SeaNews expects Ukrainian authorities to act accordingly with their own documents.
First document: Clean paper given by State Securtiy Service of Ukraine (In English Translation and also in original Ukrainian language)
Second document: f court decision regarding the arrest of Kanton (In English, Ukrainian original and Turkish)