By Lee Hyo-sik
Five Somali pirates captured by the South Korean Special Forces during the rescue operation of the 11,500-ton freighter Samho Jewelry could spend the rest of their lives in prison if they are tried here, according to the Ministry of Justice Wednesday.
The Korean government had initially considered handing them over to Oman or other neighboring countries for prosecution. But after these nations showed a lukewarm attitude toward the idea, the government decided to bring them here and try them in accordance with international and domestic laws.
The Ministry of National Defense had also floated the idea of exchanging the captured pirates for the crew of the hijacked South Korean trawler Geummi 305.
But the ministry decided not to pursue it, given the fact that Somali pirates are only interested in receiving ransom for crew members and it is unknown whether the apprehended pirates are part of the same group that kidnapped the fishing boat.
On Jan. 21, Navy commandos rescued all 21 crewmembers of the cargo ship, which was hijacked days earlier by Somali pirates. During the rescue operation, eight of the pirates were killed and the remaining five were captured.
Only one sailor, the captain of the chemical carrier, was wounded, while the Navy assault team suffered no casualties during the operation.
``I heard that Cheong Wa Dae and the Ministry of Foreign Affairs and Trade have decided to bring the pirates here for a trial. We will study how other governments have handled similar cases, as well as what laws can be applied. We believe there is no legal flaw in prosecuting them under domestic laws,’’ an official at the Ministry of Justice said.
The official then said the pirates will likely be transported to Korea via an airplane, adding it would take many more days if they were brought here by slow-moving freighter Samho Jewelry.
``Some say that they will be tried in Busan by the district prosecutors’ office there since the company headquarters is based in the port city. But I think it is more likely for the Seoul Central District Prosecutors’ Office to take on the case,’’ he said.
On the possibility that the pirates may apply for a refugee status under the United Nations Conventions on human rights after serving the sentence, citing the poor human rights situation in their home country, he said pirates are not under the protection of international law and that the Korean government will not grant them refugee status.
``Under Article 6 of the Criminal Law, the government is allowed to capture and prosecute foreigners who committed crimes against Korean nationals outside the nation’s jurisdiction. Additionally, the United Nations Convention on the Law of the Sea permits nations to seize pirate ships, seize property on board and arrest pirates, and punish them under the relevant countries’ laws,’’ the official said.
The prosecution is expected to investigate the pirates in a speedy manner once they are brought here, given the great deal of public interests in the case. To send a strong message that those who attempt to hijack Korean ships in international waters will be severely punished, investigators will likely indict all five of them as early as February on charges of robbery on the sea and other offenses.
Korea’s Criminal Law states that those who take a ship by force and steal property on board can be sentenced to more than seven years in prison. If they inflict injuries on the victims, they are subject to a minimum of 10 years in prison or life in accordance with the severity of the injury
Additionally, Korea also has a law against people that illegally seize ships, subjecting them to over five years in prison or a life sentence.
With the captain of Samho Jewelry sustaining severe wounds after being shot multiple times by pirates during the rescue operation, they could spend the rest of their lives in prison.