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Security Council Distr.: General 26 March 2012 United Nations S/2012/177 Security Council Distr.: General 26 March 2012 Original: English Letter dated 23 March 2012 from the Secretary-General to the President of the Security Council By paragraph 11 of Security Council resolution 2015 (2011) of 24 October 2011, I was requested to compile and circulate information received from Member States on measures they have taken to criminalize piracy under their domestic law and to prosecute and support the prosecution of individuals suspected of piracy off the coast of Somalia and the imprisonment of convicted pirates. I have the honour to submit to you the attached information, which has been received from 42 Member States (see annex). I should be grateful if you would bring the present letter and its annex to the attention of the members of the Security Council. (Signed) BAN Ki-moon 12-27560 (E) 230412 *1227560* S/2012/177 Annex [Original: Arabic/Chinese/English/ French/Russian/Spanish] Compilation of information received from Member States on measures they have taken to criminalize piracy under their domestic law and to support the prosecution of individuals suspected of piracy off the coast of Somalia and imprisonment of convicted pirates Summary The present compilation has been prepared pursuant to paragraph 11 of Security Council resolution 2015 (2011) of 24 October 2011, by which the Council requested the Secretary-General to circulate information received from Member States on the measures they have taken to criminalize piracy under their domestic law and to prosecute and support the prosecution of individuals suspected of piracy off the coast of Somalia and imprisonment of convicted pirates. At the time of publication of the present document, information had been received from the following 42 Member States: Australia, Austria, the Bahamas, Bangladesh, Brazil, Bulgaria, Chile, China, the Czech Republic, Denmark, Djibouti, Estonia, Finland, France, Georgia, Germany, Greece, Ireland, Italy, Jamaica, Kazakhstan, Kuwait, Latvia, Lebanon, Liechtenstein, Lithuania, Malta, Mauritius, the Netherlands, Norway, Oman, Panama, Qatar, the Republic of Korea, the Republic of Moldova, the Russian Federation, Singapore, Slovakia, Slovenia, Spain, Turkey and the United Arab Emirates. The information received from Member States has been reproduced as received. Texts of international instruments published in the United Nations Treaty Series have been substituted with relevant references. 2 12-27560 S/2012/177 Contents Page Australia...................................................................... 5 Austria ....................................................................... 6 Bahamas ...................................................................... 6 Bangladesh.................................................................... 8 Brazil ........................................................................ 8 Bulgaria ...................................................................... 8 Chile ......................................................................... 9 China ........................................................................ 9 Czech Republic ................................................................ 11 Denmark...................................................................... 11 Djibouti ...................................................................... 15 Estonia ....................................................................... 18 Finland ....................................................................... 18 France........................................................................ 24 Georgia....................................................................... 30 Germany...................................................................... 31 Greece ....................................................................... 34 Ireland ....................................................................... 34 Italy.......................................................................... 47 Jamaica....................................................................... 49 Kazakhstan.................................................................... 49 Kuwait ....................................................................... 50 Latvia ........................................................................ 50 Lebanon ...................................................................... 51 Liechtenstein .................................................................. 53 Lithuania ..................................................................... 53 Malta......................................................................... 54 Mauritius ..................................................................... 55 Netherlands ................................................................... 66 Norway....................................................................... 68 Oman ........................................................................ 71 Panama ....................................................................... 71 12-27560 3 S/2012/177 Qatar ......................................................................... 72 Republic of Korea .............................................................. 73 Republic of Moldova............................................................ 76 Russian Federation ............................................................. 76 Singapore ..................................................................... 77 Slovakia ...................................................................... 81 Slovenia ...................................................................... 81 Spain......................................................................... 82 Turkey ....................................................................... 85 United Arab Emirates ........................................................... 87 4 12-27560 S/2012/177 Australia [Original: English] Australia’s domestic legal framework: piracy and enforcement powers The Crimes Act 1914 (Cth) implements the piracy provisions of the United Nations Convention on the Law of the Sea. Section 52 of the Act prohibits acts of piracy. Section 51 of the Act defines piracy as “an act of violence, detention or depredation committed for private ends by the crew or passengers of a private ship or aircraft” and directed against: • another ship or aircraft or against persons or property on board another ship or aircraft (when committed on the high seas or in the coastal sea of Australia); or • a ship, aircraft, persons or property (when committed in a place beyond the jurisdiction of any State). The “high seas” are defined as “seas that are beyond the territorial sea of Australia and of any foreign country” (section 51). This definition extends the application of the piracy offence to the exclusive economic zone of foreign States in a manner consistent with the United Nations Convention on the Law of the Sea. Under section 54 of the Act, a member of the Australian Defence Force or the Australian Federal Police (AFP) may seize a pirate-controlled ship or aircraft, or a thing on board such a ship or aircraft. Such seizure may be effected in Australia; on the high seas, or in a place beyond the jurisdiction of any country. The Crimes (Ships and Fixed Platforms) Act 1992 (Cth) also establishes a range of offences, which implement those in the Convention for the Suppression of Unlawful Acts against the Safety of Maritime Navigation. For example, the Act establishes the offences of seizing a ship (section 8) and performing an act of violence on a ship (section 9). Activities undertaken by Australia to support the prosecution of individuals suspected of piracy off the coast of Somalia and their imprisonment Australia strongly supports continued international efforts to detain and prosecute pirates off the coast of Somalia. In this respect, Australia supports a regional approach, with prosecutions occurring in the domestic judicial systems of regional countries and, where possible, incarceration in those countries. Australia recognizes regional countries may require assistance in developing their capacity to prosecute and incarcerate suspected pirates. Australia has supported initiatives by the United Nations Office on Drugs and Crime counter-piracy programme through funding, training and personnel programmes, building prisons and developing the law and justice system in Somalia. In 2012, the Australian Agency for International Development (AusAID) will fund the deployment of an AFP officer to the counter-piracy programme. This builds on deployment of AFP officers in 2011 and 2009/10. In 2011, AusAID provided $749,780 to the counter- piracy programme to assist in building the criminal justice capacity of regional States (primarily Kenya, Seychelles, Tanzania and Maldives) to respond to the problem of piracy, and to improve the corrections regime in Somalia. This built on a 2009/10 contribution of $500,000 to the Programme. More specifically, the funding for 2011 was to be used to: support the building of a prison in Kenya and recruit a 12-27560 5 S/2012/177 corrections officer; provide logistical support, courtroom security enhancements, legal aid and judicial training for the courts and prosecutors in Kenya and Seychelles; mentor and train police officers; refurbish prison infrastructure to achieve minimum standards for health and safety; and enable the dissemination of piracy trial results in Somalia as a deterrent. More
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