Criminalization of Seafarers: Defining the Problem and Seeking Solutions
Seafarers are a special category of worker requiring protection to ensure their fair treatment and well-being following a maritime accident.
Key Features:
Limitation of detention following an accident to no longer than necessary for port or coastal states to proceed with investigations expeditiously
All available means should be used to preserve evidence to minimize the need for physical presence of the seafarer and due consideration given to non-custodial alternatives to pre-trial detention
Preservation of human and economic rights of the seafarer including lodging and sustenance, wages and other benefits
Seamen are to be afforded “due process” rights, including advising them of the right against self-incrimination and the right to independent legal counsel and an interpreter
The seafarer is to be advised of the basis for any detention
Port and coastal states are to provide seafarers with the means to communicate in private to family, welfare organizations, the shipowner, trade unions, the embassy or consulate and legal representatives
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