Somali pirates in an inflatable boat without navigational equipment. After some
hours, the boat disappeared on the high seas.
14
All along the human rights violations, the contentious and often polarizing topic
of extraditing pirates to their country of origin or other countries where human rights
principles, such as prohibition on torture or inhuman treatment, right to a fair trial,
liberty, and security are less respected have been cited in different cases of piracy.
At this point, it should be important to highlight that SUA does contain some
significant provisions on the rights of pirates. For example, Article 7(3) gives to the
pirates the right to communicate with, and be visited by, representatives of their
States. In addition, Article 10(2) stipulates that pirates shall be guaranteed fair
treatment at all stages of criminal proceedings, including enjoyment of all the rights
and guarantees provided for such proceedings by the law of the State in the territory
of which he is present. These rights shall be exercised in conformity, directly, with
laws and regulations of the State in the territory of which the offender or the alleged
offender is present
15 ; and indirectly with human rights norms and principles. Thereupon, domestic law about pirates’ rights differs among States. This disparity in the
regulation may raise a differentiation in the treatment of pirates depending on the
place where they are prosecuted and punished,
16 which increases the risk to be
mistreated in States less favorable to human rights principles.
3 Human Rights
The current legal framework represented by UNCLOS and SUA is not comprehensive with respect to protecting human rights of seafarers and pirates. In this context,
it is interesting to consider piracy not only as a criminal offence, but also as a
violation of human rights. Furthermore, the act of maritime piracy results in violation
of several basic human rights such as the right to personal liberty, the right to
security and the right to life. Torturing, mistreating or depriving victims undoubtedly
constitutes a violation of human rights.
Tackling piracy and its inhumane consequences as a violation of human rights
while leveraging the International law, the outcome for the victims might be
substantially better. The following reasons further support approaching this matter
from the Human Right fact:
• It puts victims at the center of any action against piracy. It can encourage States to
take the interests of victims into consideration more seriously as restoration of
their dignity becomes as important as prosecution and punishment of pirates;
14 BBC News (2010).
15 Article 7 (4), SUA.
16 Obokata (2013), p. 23.
394
K. Lagdami and A. Fakhry
hours, the boat disappeared on the high seas.
14
All along the human rights violations, the contentious and often polarizing topic
of extraditing pirates to their country of origin or other countries where human rights
principles, such as prohibition on torture or inhuman treatment, right to a fair trial,
liberty, and security are less respected have been cited in different cases of piracy.
At this point, it should be important to highlight that SUA does contain some
significant provisions on the rights of pirates. For example, Article 7(3) gives to the
pirates the right to communicate with, and be visited by, representatives of their
States. In addition, Article 10(2) stipulates that pirates shall be guaranteed fair
treatment at all stages of criminal proceedings, including enjoyment of all the rights
and guarantees provided for such proceedings by the law of the State in the territory
of which he is present. These rights shall be exercised in conformity, directly, with
laws and regulations of the State in the territory of which the offender or the alleged
offender is present
15 ; and indirectly with human rights norms and principles. Thereupon, domestic law about pirates’ rights differs among States. This disparity in the
regulation may raise a differentiation in the treatment of pirates depending on the
place where they are prosecuted and punished,
16 which increases the risk to be
mistreated in States less favorable to human rights principles.
3 Human Rights
The current legal framework represented by UNCLOS and SUA is not comprehensive with respect to protecting human rights of seafarers and pirates. In this context,
it is interesting to consider piracy not only as a criminal offence, but also as a
violation of human rights. Furthermore, the act of maritime piracy results in violation
of several basic human rights such as the right to personal liberty, the right to
security and the right to life. Torturing, mistreating or depriving victims undoubtedly
constitutes a violation of human rights.
Tackling piracy and its inhumane consequences as a violation of human rights
while leveraging the International law, the outcome for the victims might be
substantially better. The following reasons further support approaching this matter
from the Human Right fact:
• It puts victims at the center of any action against piracy. It can encourage States to
take the interests of victims into consideration more seriously as restoration of
their dignity becomes as important as prosecution and punishment of pirates;
14 BBC News (2010).
15 Article 7 (4), SUA.
16 Obokata (2013), p. 23.
394
K. Lagdami and A. Fakhry