Thread: The EU rules on compensation---for Pirates

Does anyone still doubt that those people in Brussels are completely nuts? Now they have decided that Pirates are entitled to compensation because the French navy could not manage to get captured armed thugs before a judge quick enough!!

From France 24 today:

The EU's top human rights court on Thursday ordered France to pay thousands of euros to Somali pirates who attacked French ships for "violating their rights" by holding them an additional 48 hours before taking them before a judge.

The Somali pirates were apprehended on the high seas by the French army on two separate occasions in 2008 and taken back to France for trial.

The European Court of Human Rights (ECHR) said that French authorities should have brought the pirates before a judge "without delay" when they arrived on French territory after being held at sea. The EU’s top human rights court said French authorities were wrong to keep the pirates in custody for an additional 48 hours before bringing them before a judge.

"Nothing justifies such an additional delay," the court said in its verdict, adding that it constituted a "violation of their rights to freedom and security".

France was ordered to pay between €5,000 and €2,000 ($6,100 and $2,500) to each pirate for "moral damages", plus amounts varying from €3,000 to €9,000 ($3,700 and $11,200) to cover legal costs.

In the ruling, published in French, the court nevertheless acknowledged that there were "completely exceptional circumstances" to justify a lengthy detention before seeing a judge, noting that the original arrests took place "more than 6,000 kilometres (4,000 miles) from French territory".

Pirate attacks off the coast of Somalia have declined sharply in recent years, with international fleets now patrolling the Gulf of Aden – previously a hotbed of maritime piracy – and the Indian Ocean, as well as armed guards now being posted aboard many at-risk vessels.

At their peak in January 2011 Somali pirates held 736 hostages, some onshore and others aboard their vessels, as well as 32 seized boats.

They should be compensated, with an ounce of lead.

more like 50 kilos of lead, strapped to them just before being thrown overboard

^^

Yes those methods would be much more efficient and under the circumstances, quite justified when you see the kind of mentality that prevails in the EU courts.

If one wants others to uphold the law and respect others' human rights, one must also uphold the law and respect others' human rights.

The French should have flown the pirates back to France to face a judge - or have a judge sitting waiting on the ship.

Originally Posted by Neverna

The French should have flown the pirates back to France to face a judge - or have a judge sitting waiting on the ship.

Problem reading?

Originally Posted by koman

The European Court of Human Rights (ECHR) said that French authorities should have brought the pirates before a judge "without delay" when they arrived on French territory after being held at sea. The EU’s top human rights court said French authorities were wrong to keep the pirates in custody for an additional 48 hours before bringing them before a judge. "Nothing justifies such an additional delay," the court said in its verdict, adding that it constituted a "violation of their rights to freedom and security".

Everyone should follow the Russian lead when it comes to Somali pirates.

^ Seems like a terrible waste of such young lives.

Surely they could be rehabilitated for use in medical experiments and organ harvesting?

Originally Posted by lom

Originally Posted by Neverna

The French should have flown the pirates back to France to face a judge - or have a judge sitting waiting on the ship.

Problem reading?

Originally Posted by koman

The European Court of Human Rights (ECHR) said that French authorities should have brought the pirates before a judge "without delay" when they arrived on French territory after being held at sea. The EU’s top human rights court said French authorities were wrong to keep the pirates in custody for an additional 48 hours before bringing them before a judge. "Nothing justifies such an additional delay," the court said in its verdict, adding that it constituted a "violation of their rights to freedom and security".

No problem.

Before transferring the pirates to France, the authorities held one group for four days and the others for six days and 16 hours. But the extra 48 hours of custody on French soil violated the pirates' right to liberty and security under the European Convention on Human Rights, the court ruled. The convention's Article 5.3 "was not designed to give the authorities the opportunity to intensify their investigations for the purpose of bringing formal charges against the suspects", a court statement said. The judges argued that the time between their arrest and transfer to France was already enough for France to draw up charges, instead of delaying for another 48 hours.

ARTICLE 5
3.
Everyone arrested or detained in accordance with the provisions of paragraph 1 (c) of this Article shall be brought promptly before a judge or other officer authorised by law to exercise judicial power and shall be entitled to trial within a reasonable time or to release pending trial. Release may be conditioned by guarantees to appear for trial.
4.
Everyone who is deprived of his liberty by arrest or detention shall be entitled to take proceedings by which the lawfulness of his detention shall be decided speedily by a court and his release ordered if the detention is not lawful.
5.
Everyone who has been the victim of arrest or detention in contravention of the provisions of this Article shall have an enforceable right to compensation.

The point being missed is that the EU court stated that:

Originally Posted by koman

"Nothing justifies such an additional delay," the court said in its verdict, adding that it constituted a "violation of their rights to freedom and security".

Then the same court goes on to say:

Originally Posted by koman

that there were "completely exceptional circumstances" to justify a lengthy detention before seeing a judge, noting that the original arrests took place "more than 6,000 kilometres (4,000 miles) from French territory".

To then award compensation under such circumstances is totally irresponsible and makes a mockery of real justice. Instead of bogging themselves down with excessive regulations and bullshit, maybe they should try applying a bit of common sense now and then.

If that Russian video is legitimate, it seems a bit excessive....even for the Russians, but it does make attacking Russian ships pretty unattractive for any upcoming pirates....French ships on the other hand....

Originally Posted by koman

In the ruling, published in French, the court nevertheless acknowledged that there were "completely exceptional circumstances" to justify a lengthy detention before seeing a judge, noting that the original arrests took place "more than 6,000 kilometres (4,000 miles) from French territory".

That they were held in custody during the transport without a detention order from a judge is basically wrong but was excused. There should had been a judge detention order as soon as they entered French territory (which I think the ship is considered as being) or at least immediately after the ship arrived to French port.
ECHR basically says the additional 48 hours on top of the time they were already detained is not excusable, every European country has judges on duty 24/7 who can make a detention decision.

Originally Posted by lom

ECHR basically says the additional 48 hours on top of the time they were already detained is not excusable

We are talking about high-seas piracy here, not petty shoplifting. These people are making an ass of the law, or at least the intent of the law. Awarding compensation to pirates because they were detained for 48 hours (probably in far better conditions that they normally live in) is just fucking ridiculous when you consider the circumstances.

The court could have and maybe should have chastised the army for not understanding every petty rule in their million page list of rules, and left it at that.....but handing over money to these scumbags as compensation is just a disgrace.

Who are the real pirates, though??

^ A tough question for those conditioned in a diametric situation and not learned in applied comparative recognition theory. They view everything in a linear fashion without room for the reality of a rainbow of variability. Living in a foreign locale they begin to believe in the syndromes of fancy and superiority and fabricated textbook convention. Conditioning - the modern condition for the masses.

Originally Posted by Neverna

^ A tough question for those conditioned in a diametric situation and not learned in applied comparative recognition theory. They view everything in a linear fashion without room for the reality of a rainbow of variability. Living in a foreign locale they begin to believe in the syndromes of fancy and superiority and fabricated textbook convention. Conditioning - the modern condition for the masses.

Extreme Jeffism.

Plankers

oh its about Somalians...
damn I thought the EU was handing out money to torrent downloaders

Traditional methods of pirate punishment such as "marooning", "Keel-hauling", "A taste of the cat" and "walking the plank" ought to be meted out to these scurvy varlots.

Those meddling landlubbers at the EU should keep their oars out of it. Rrrrrrrrrrrrr

Thanks to Tony B liars insane 1998 "Human rights" act The Somali pirates would be able to claim Compo if the UK Government was involved and not the French ,of course some left wing plonkers on these boards see nothing wrong with that whatsoever ,this link to be totally ignored of course by the "usual suspects" Where did the Human Rights Act start? - Law and Government

Originally Posted by thaimeme

Who are the real pirates, though??

Any one whose politics are of the right and has more money than you?

I should imagine the French will ignore the judgement. Well, I hope so. Courts can be quite silly.

Which is of course why the Russians don't mess around. If every nation adopted the same policy in policing the high seas and ridding the Indian Ocean of the murdering Somali dross then there would be no piracy issue to resolve.

Sometimes, you just have to hand it to the Rooskies and give credit to where it is due.

Originally Posted by Seekingasylum

I should imagine the French will ignore the judgement. Well, I hope so. Courts can be quite silly.

Which is of course why the Russians don't mess around. If every nation adopted the same policy in policing the high seas and ridding the Indian Ocean of the murdering Somali dross then there would be no piracy issue to resolve.

Sometimes, you just have to hand it to the Rooskies and give credit to where it is due.

How heartless can you be? these murdering bastards have "feelings" and therefore according to EU law fully deserve any compensation for an infringement of their" Human rights"

^ Troll alert ................

Live by the sword die by the sword.

That's some old shit right there.