Marie Woolf, Whitehall Editor
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THE Royal Navy, once the scourge of brigands on the high seas, has been told by the Foreign Office not to detain pirates because doing so may breach their human rights.
Warships patrolling pirate-infested waters, such as those off Somalia, have been warned that there is also a risk that captured pirates could claim asylum in Britain.
The Foreign Office has advised that pirates sent back to Somalia could have their human rights breached because, under Islamic law, they face beheading for murder or having a hand chopped off for theft.
In 2005 there were almost 40 attacks by pirates and 16 vessels were hijacked and held for ransom. Employing high-tech weaponry, they kill, steal and hold ships’ crews to ransom. This year alone pirates killed three people near the Philippines.
Last week French commandos seized a Somali pirate gang that had held a luxury yacht with 22 French citizens on board. The hijackers were paid off by the boat’s owner and then a French helicopter carrier dispatched 50 commandos to seize the hijackers and the ransom money on dry land.
Britain is part of a coalition force that patrols piracy stricken areas and the guidance has troubled navy officers who believe they should have more freedom to intervene.
The guidance was sharply criticised by Julian Brazier MP, the Conservative shipping spokesman, who said: “These people commit horrendous offences. The solution is not to turn a blind eye but to turn them over to the local authorities. The convention on human rights quite rightly doesn’t cover the high seas. It’s a pathetic indictment of what our legal system has come to.”
A Foreign Office spokesman said: “There are issues about human rights and what might happen in these circumstances. The main thing is to ensure any incident is resolved peacefully.”
The guidance is the latest blow to the robust image of the navy. Last year 15 of its sailors were taken prisoner by the Iranians and publicly humiliated.
In the 19th century, British warships largely eradicated piracy when they policed the oceans. The death penalty for piracy on the high seas remained on the statute books until 1998. Modern piracy ranges from maritime mugging to stealing from merchant ships with the crew held at gunpoint.
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In my opinion these people should loose their human rights as soon as they comit a crime.
Their vessels should be sunk and the pirates hanged as in the old days.
Let the Navy be judge and jury they would do the job properly. Stop being so P.C. and enforce the law as required by decent people.
Tobias Morborne-Wensum, Spalding , England
The 19th century eradication of international piracy went hand in hand with the destruction of the international slave trade, arguably the two crowning achievements of British civilisation. As our influence and willpower evaporate it is interesting to note that both are reviviing
Peter Dickinson, Kiev, Ukraine
Britain used to be the greatest nation in the world.we had a huge empire and the largest navy but the collapse of the empire has sent us into a spiral of despair until we have arrived here i think that HM government would be better off listening to the Queen who is a true briton not blair or brown
david pullar, basingstoke, Great Britain
Excuse me, but I was not under the impression that the RN was in the FCO chain of command. So this is a *request*, not an *order*. Come back to us when the Admiralty issues an order in line with the request.
Jeff Rubinoff, Prague,
It is my opinion that pirates have forsaken all their rights (are they still human?), the moment they take the lives of innocent people, hijack ships, put the lives of seamen in danger and risk pollution of the seas. These people should not have rights at all, but jail rights.
On international level, these laws should be re-viewed and altered as soon as possible.
Beware of evil!
Albert Carrière, Santos, Brazil/Sao Paulo
Maritime Law is actually what Governments use to enslave us all. That's how a "person" is defined. Sad, but true, it's all trickery which can be renounced. Drivers Licences, Birth Certificates, Passports, Tax Departments, Social Security. Why bow down to these Laws when you are not obliged to be bound against your will or be liable for any of them? Think it over, someone's making money out of your sweat and labours, and assure yourself, it's rarely you. And no, I'm not a Pirate, except the state usually has me feeling like one along with most of you reading this. Renounce your Person, renounce Law.
Andrew, Conwy, Wales
Perhaps the next family to have a loved one killed by these pirates could take legal action against the UK government on the basis that their lack of action against the pirates infringed the human rights of the victim?
Peter Dunkley, Potterspury, Northants
Pirates should be shot dead upon caputre and their bodies dumped on the high seas as a warning to their fellow pirates.
K. K. Chadha, Hong Kong
K. K. Chadha, Hong Kong, China
The present government seems to have an enormous contempt for every tradition that made Britain a great country to be proud of belonging to: A navy with a great tradition - if the RN shouldn't detain pirates then who should? Individual freedoms - with all the CCTV installed everywhere and now the introduction of ID cards Britain is gaining the trappings of a police state. Freedom of speech - hampered by PC leglislation. Britons awake before it is too late!
Michael (Expat) , Düsseldorf, Germany
It's about time the HRA was abolished, or at least subjected to a major overhaul. Criminals should be made to forfeit their human rights the secind they choose to break the law.
david, cleveland,
Pirates and human rights should never be used in the same sentance. If pirates are causght on the high seas, they should be hung from the yardarm. The heck with chopping hands off, hang'em.
JB, Denver, Colorado
One wonders if the Foreign Office would desire the Royal Navy be disbanded in order to avoid the political inconvenience of disturbing the pirates. Sad that the once proud Empire is reduced to advocating the rights of thugs, rapists, and murderers. More sad is this is a common trend troughout the western world.
John , Lyons, Colorado, USA
They do not have to grant asylum, but as a practical matter, once the claim has been made, the claimant will never leave British soil. Even if it were rejected the government would never send the person back to Somalia, and the pirate would spend the rest of his days living on the largesse of the British taxpayer.
Charlie, Nashville, TN
the inmates have taken over the asylum no doubt at all
jim, edinburgh,
Truly disappointing The US Navy may go a bit over the top sometimes with use of force, but I don't think the US State Department will ever give them this idiotic guidance. The British Foreign Secretary should be fired. I feel badly for my brother Naval Officers in the Mother Country.
A Retired US Navy Officer
Rik, Edgewood, USA/New Mexico
Simple solution, in accordance with Britain's OBLIGATIONS under the 1856 Treaty of Paris as a signatory - summarily sink the pirates and send them down to Davy Jones' Locker. Take no prisoners. Stamp every last one out. Pirates by definition HAVE no rights - by their very actions of waging predatory warfare they renounce ALL rights of protection under law. The same goes for others who wage predatory warfare against civilization, whether on land, at sea, or in the air.
Robert, Los Angeles, CA, USA
I should also ask, "so what if they request asylum? Doesn't mean you have to grant it."
Brian, Escondido, CA, USA
"'It takes three years to build a ship but 300 years to build a tradition"
If Admiral Cunningham was asked to evacuate Crete today he wouldn't have been able to make his famous quote about tradition and the the time it takes to build a ship. OH&S would stop him sailing into a dangerous environment and the environmentalists would stop him using his guns because they'd scare the fishes, but they'd provide some nonce of a psychologist to to let him talk about his feelings about abandoning thousands of his colleagues to their fate.
The only question is how long will it take to rebuild the once great reputation of the Royal Navy.
Paul Gagen, London,
If pirates board your ship, you have the right to kill them. I knew that when I was 5 yrs old.
carolfarrell, worcester, England
Gave up being ashamed of 'English' identity, ages ago!!!
It just gets worse, and worse, and worse. Sink them, and remove some scum from the oceans, before it washes up on a beach near YOU!
Jason , Milton Keynes, Bucks
Why not just hang them from the yard-arm? It used to be quite effective.
Peter , Bangkok, Thailand
Comment to Lukey Boy
>They are pirates, who steal, maim, kill, rape.<
You forgot to ad - infidels.
They do all this to infidels, therefore they will not be punished under the sharia law. All this is recommended under sharia. Steal from the infidels - they do not deserve ownership of anything. Maim, rape and kill them, for they do not embrace islam.
Everhappy, Roeselare, Belgium
Right. Lets see now. They are pirates, who steal, maim, kill, rape. If they go back to somalia they might get treated to the benefits of sharia law and get beheaded, amputated, stoned to death etc. Many Muslims in Britain have already explained the benefits of sharia law to us mere post enlightenment post industrial revolution infidels.
Is this our problem? Or are we just making it our problem? Or would you prefer they all came to Lewisham at our expense? Where presumably they will continue being pirates as to do otherwise is presumably against their human rights too? Obviously its "a cultural" thing. . . . .
Lukey Boy, Herts., uk
Their pirates. Sink them. Then feel good about it.
Bob Smith, Chicago, USA
I am not surprised that many Briisth people are too ashamed to admit to their nationality.
Tony Atkins, Cairns, Australia
I think some people have forgotten the founding idea of government. Governments were created when people came together to avoid living in a state of anarchy. Early on you surrendered most of your freedom to a sovereign who was supposed to protect from you some of the worst aspects of life like foreign invasion. Now, over time, the English were able to limit the authority of the sovereign until we have modern day participatory democracy. Thus, governments' main task was/is to protect the people. Now we see some people that have become so caught up in the abstract notion of rights that they have pushed the notions beyond all reason. To protect the 'rights' of pirates we now must risk the rights and welling of honest citizens. At some point something is going to give.
Matt
that they are willing to risk the wealfare
Matt, asheville, North Carolina
Sad to say that the mighty English Navy now has a very short leash put on them. Thank God the US Navy can blow 'em right out of the water!
James, Denver, CO, USA
I am old enough to remember the armed Marine guards failing to prevent an unarmed mob of students taking the entire US Embassy in Tehran hostage. This was before the failed rescue fiasco of course. Sic transit gloria mundi, Timothy.
Farouk, Doha,
Robust image of the Navy? When your Marines surrender so readily to the Iranians (twice!) and your Army surrender in Basra (sorry, re deploy), the image is one of "run away and hide"!
Ian, Brisbane , Australia
Pirates will NOT have their hands cut off. The definition of theft in Shariah Law is very limited -- basically to petty theft. Embezzlement, armed robbery, and even kidnapping are not subject to chopping off of hands. A very good discussion of theft can be found in "Allah is He God" by P Newton and M Rafiqul Haqq, and the text can be found on the Internet.
It will probably require Western non-Muslims to remind Muslims of their own Sacred rules, because they would prefer to hide behind takiyya to allow criminals avoid justice. The US has been fighting pirates since the nation was founded.
Chris, Los Angeles, USA
Would a self-respecting pirate actually claim asylum?
M.R., Stockport,
Somewhere in the afterlife, Churchill weeps with shame.
Anthony, Los Angeles, CA
The Foreign Office spokesman above says: "The main thing is to ensure any incident is resolved peacefully."
It sounds like he is referring to some disagreement between two neighbours over their garden fence. This is surely not the attitude to be putting into the Armed Forces. No wonder the Marines surrendered to the Iranians.
In this case, the main thing I would have thought is to stop piracy.
Charles, Bath, UK
Timothy L. Pennell, Naugatuck, United States, I have worked alongside US forces and greatly admired them. The British as a nation have succumbed to the PC liberal wishy-washy socialists. It is not just our forces that are neutered but our entire society.
You will see from the other postings that many others are disgusted by our useless and pathetic excuse for a government.
J. Mackie, sheffield, england
Mark from Columbus - Is there any pride in the UK? Well unfortunatley we are not allowed to show any pride for fear that we will offend someone. The people who were voted in (because our vote is so important!!) don't care about the people who they are supposed to SERVE.
The biggest danger to personal freedom is political correctness.
When Labour go it will be good riddance but in answer to your question I think the problem is that they've made such a mess and created such an anger towards these kinds of idiotic ideas that people are beginning to turn to the BNP.
Paul Moxon, Birmingham,
I share the anguish of some of these posters. England is a great country. It has a naval tradition second to none, including the United States.
No country could ever defeat England. But it appears England is defeating itself and committing national suicide, small cut by small cut. The longbowmen at Agincourt; The victors of Trafalgar; The Spitifre pilots; the victors in the Falklands. And now, Harry in Afgahnistan. What would they say to this? England has to find its true self again.
As for the posters who would change the subject. Does America make mistakes? Plenty, though less than the left media would have you think. But we still believe in ourselves.
Mark, Newport Beach, California
It is just that we no longer shoot the pirates impoverished in part by our imperial history but think about the disheartening psychological impact human rights is having on our navy. A captain of a destroyer, who has spent a good twenty years climbing the ranks, no longer is afforded the pleasure to order his crew to open fire on pirates: a fine target. Think about how depressed he must be.
mark, london,
Laughs out loud.
Surely we should respect Islamic law in this case.
roger, london,
Political correctness never ceases to amaze me.
What's the point of having a great Navy, if not to patrol the high seas to keep it open and safe for all travellers? The Royal Navy may as well disband and use the money saved to create some silly government social program....uh, I meant programme, for my English cousins.
Marc Aaron, Chicago,
Timothy from the USA, do you really think we are proud of what our Country has become in a few short years? The blame lays firmly at the feet of a certain Mr Blair who enjoys his adulation in America and now his side kick Brown has carried on the carnage. Thank you for you comments, I shall refrain from making any comments on your perfect Country.
Roger, Surrey.,
Piracy is a criminal offence against the law of nations triable anywhere. If the pirates cannot be handed over to some countries because of the way those countries treat criminals, they can be tried under English law.
The recent decision on selling arms to Saudi Arabia would suggest that if there is a prima facie case against captured pirates, the CPS will be obliged to prosecute them, irrespective of their human rights elsewhere. The same will apply to any pirates who claim asylum.
If this fact is made more widely known, it might discourage people from seeking to claim asylum.
Until recently, this was one of the crimes that still carried the death penalty even after it was removed from murder.
Dru Brooke-Taylor, Bristol,
The lunatics have taken over the asylum - yet again.
mike, leeds, uk
My goodness! It seems I read some such nonsense about Old Blighty on a daily occurence.
The end of a great nation is soon upon us.
B Witt, Charleston, SC
When I read comments about pirate's human rights I now know why I chose to leave the UK and live abroad. What is wrong with you people! The Uk is now the laughing stock of the world over it's namby pamby attitude to crime and immigration.
Peter Lee, Freeeport, Bahamas
I don't understand. Last month the Archbishop of Canterbury casued controversy by saying we should embrace Islamic Law in the UK. Now, all of a sudden, the prospect that Somali pirates could get some of it represents a breach of their human rights.
Simon Meads, Swindon, UK
The discoveries of the neutron in 1935 and of DNA in 1953 were iconic events that changed the world. The next important discovery must be to unravel the muddled thinking of the Liberal/left. Whether they are mad, bad, and sad or permutations of all three seem a mystery as to why. Why is dysfunctional thinking gravitating to positions of authority and influence in this Country? What other Country in the world has leaders reducing their own inheritance to impotency?
Perhaps one crucial factor is that they declare themselves to be, officially, the only people who care about the welfare of the Country, while at the same time wrecking anything that is worthwhile after being voted in. The proposition is difficult to digest because to deal with madness is to deal with the unknown.
The question still remains â WHY?
Michael Paul, Essex,
Where's Oliver Cromwell when you need him? Henry Bolingbroke? Wat Tyler? Anyone?
MaryJ, San Francisco , Calif.
If the pirates make it to London they will be allowed to stay because the mayoral candidates from the four main parties have united in calling for an illegal immigration amnesty in London. If you live in London and vote for a Labour, Conservative, Liberal or Green London Mayor you could end up living next to pirates! If you want to restore common sense you need to vote accordingly.
John , London, UK
We can't return these pirates to Somalia for fear of torture or death.
We can send them to Guantanamo and loose them that way as the US never infringes anybodys Human Rights???
Danny, Ashford, Kent
Pirates: Ye be warned
Andrew Milner, Karuizawa, Japan Alps
Can we have an amendment to the human rights act that says the human rights act only applies when it doesn't blatantly defy common sense.
Of course, taken to it's logical conclusion the application of common sense may invalidate most of this government's new laws.
James, Ilford, Essex
That's liberalism for you!
jimiraj, indpls, in
There is an easy answer to that - blow them out of the bloody water!
Mike, Lancaster, UK
why should we 'protect' these people, if we cant detain them, just throw them overboard!
Rob, London,
Just send them to the bottom
problem solved
just say there were fired on first
knight, aberdeen, uk
I'm confused. You guys have a Navy? What's the going number of actual boats, qualifies one, to call it a Navy? Next thing you're gonna tell us, is that you have an Army, and an Air Force, and some Marines. I forgot. You DO have Marines. I know, because I saw them holding their "parting gifts" that they recieved from the Iranians after they SURRENDERED. Good show. Your Ancestors are spinning in their graves. Don't look now, but I think the Sun has set on the British Empire. Don't you?
Timothy L. Pennell, Naugatuck, United States
Brittania Rules The Waves.
Thats a laugh we don't rule anything these days, imagine what NELSON would have made of all this.
I am sure he would have given them asylum, but ENGLAND is an asylum for ALL and SUNDRY so why not the pirates.
I am ashamed of what was my COUNTRY ENGLAND nothing to be patriotic about and I am sure I am not alone.
Terry, Gravesend, Kent
We have sunk to an all time low as a nation.
Does anyone one rememeber NuLabor poo pooing any talk about the negative impacts of the "Human Rights" legislation in the UK?
Blair thought it was 'just good spin', and nothing to affect Britain, but now it ties our hands at every turn, from Immigration, deportation of terrorists, giving free medical treatment to failed "asylum seekers" (who we can't deport anyway because of their 'human rights') and now Pirates.
I notice the French don't have any issues .... its just the PC brigagde in the UK who have hijacked it and the Judiciary in the UK who seem to perversely enjoy breaking every piece of legislation on the rock of "Human Rights".
Its not working and we need to scrap the legislation in the UK and any treaties that tie us to it.
Andy Kelly, UK,
So if they want to play any role in sweeping the seas clean of pirates, the RN has been directed that it must regarded them as yet more recruits for our "come one, come all" asylum & immigration policy ?
I wonder what percentage of Labour's huge bureaucracy are actually, literally certifiably insane ? Where did they find them all ? Is there a secret breeding farm somewhere, paid for by the taxpayer ?
R J Harris, Northampton, England
Suggest to 'invite' all these people from the FO to a HM warship, sail her to the farthest reaches of the Atlantic and make these idiots walk the plank. When will the madness this country is descending into end ???
Chris, London,
So HMG's pro-criminal policy now extends to piracy on the high seas. How wonderful. Asquith and Churchill must be turning in their graves and if the truth were known, Britannia must have been relieved at having been removed from the indignity of appearing on our coinage.
When will this lunacy end?
Richard Crow, Warsaw, Poland
As a serving merchant seafarer, please, please, please tell me that it's actually April 1st today & I had the date wrong...
This is absolute madness. The biggest pirates are the lawyers cobbling up these insane clauses affecting the law
Mark, Durham, UK
As the world becomes a harder place to make a living, and the perils that face us get bigger, so the powers that be make us look more like a soft touch every day.
Chamberlain and appeasement have nothing on these surrender monkeys. "Like a house paid for by the UK taxpayer, and live on benefits with extra for your seventeen wives, step this way, oh, and don't forget to tell your friends"
dudley holley, Southend, UK
Is not piracy on the high seas still a capital offense (or offence), triable by a military court, with immediate execution of sentence?
If not, it certainly should be.
Failing that, make it policy to refuse to accept their surrender in order to save on expensive litigation., as both Kenya and Tanzania (at least) do with poachers, and publicize the fact.
Laurence Tenney, San Francisco,
Who is it that said, "The law is an ass?" It is indeed proven as the West has subscribed to a convoluted system that prevents instead of enables the government to act to interdict and punish criminals.
You would think that any sensible government would review such laws, and also that a rational Parliament would shackle the judiciary so that it would not be empowered to enforce such inane actions that thwarrt the desired ends of a civilization that should be interdicting such conduct and punishing the perpetrators.
There once was a doctrine of "assumption of risk," and that risk is what the criminals assumed when they selected their careers entailing murder and thievery.
Johnson, USA,
To Mark Mercer of Columbus.....we cannot...that is why so many of us have got out!! There is no pride left in what was a very great country. No longer do I claim to be British - I claim to be Scottish as it lessens the embarassment a bit.
John Campbell, Kuala Lumpur, Malaysia
The "main thing" is to ensure pirates understand their first transgression will be their last.
DA
David, Algarrobo,
Fantastic news - as if we didn't have enough of a problem with defence funding, procurement and recruitment, now we must consider the sensibilities of murderers off the East African coast. Let's hope any British naval commander has the mobile phone number of a US or French naval vessel in the area. Downright embarrassing - it is no wonder NuLabour dislike the Proms for their inconvenient songs...
Simon, Berlin, Germany
To our American friends...can you please invade us and install Mr Bush as Prime Minister or even Dictator....it couldn't be worse than the route we are taking.
chris, st ives, cornwall
is it better for a guilty hard criminal to go free, or a innocent man or political opponent to be jailed?
I'm glad I don't have to make that call, the naysayers that have already posted show why.
chad h, Glasgow uk,
A classic example of the confused and week establishment of much of the western world.
It's good to have ethics and morals that protect the week, but this sort of attitude just indicates a lack of moral courage to stand up to these violent thieves, murderers and rapists.
Just bring back the death penalty for piracy - it will save many lives and much suffering.
Robert, Auckland, NZ
When we tolerate offenses against decency, we insult our forbears and waive our rights as decent people. Tolerance for ignorance is acceptable, we can educate; tolerance for bigotry is acceptable, we can enlighten; tolerance for crime is acceptable, we can rehabilitate. Tolerance for evil is unacceptable and will lead to the downfall of every civilization.
BudF, Fort Walton Beach, FL
Wow. I thought that the current Gurkha controversy was an aberration. Your once proud and mighty country really is winding down, isn't it.
Dean, Kula, Hawaii
Oh My God!!
Mike, Buderim , Australia
The UK, Canada and USA have, all three, gone completely berserk. In Canada it is against a person's right while visiting a prisoner to be searched for contraband. In USA it is against the law to enforce the law against illegal aliens who are overwhelming its resources. Now, in UK (where your "Church of England" leader is arguing to enforce Sharia in UK, it is against your policy to turn crooks over to their local authority for the reason that Sharia may be enforced against them. The English-speaking world is insane. Our guilt is self-forced upon us by our grieving over the wrongs of the Nazis 70 years ago. That continued grieving will end our part of civilization. When will we wise up?
Chuck Yung, London, UK
British Warships have a 3.5 inch mounted gun on the forward deck, why not use it?
Kenneth, Ayrshire, Scotland
This country NEEDS to change.
Abolish the human rights act or at least update it, so thats crooks and criminals can't get on our shores.
Chris, Islington, London,
go Britain, go.
lee, Bath,
Must be April 1st again.
R Thomas, Texas, US
Pathetic!. You couldn't make it up could you?
Jim, Manchester, UK
Err.... what? What about the safety of the others on the sea?
The policies coming out of this government is getting more and more ridiculous day by day.
Maybe people from Somalia/ other countries w/ similar laws would choose to becoming a pirate just to gain fast access to gain asylum status?
Chris, Cambridge,
Are you kidding me?! How do you people stand to live in that pathetic, weak country of yours? Question: Is there any pride remaining in the UK?
Mark Mercer, Columbus,
It's about time that the idiot politicians that sign us up for all this "human rights" nonsense realized that all their feel-good photo-ops have consequences. A navy sailing aimlessly about the globe for fear of violating anyone's human rights being one stark and obvious example.
Tony Cox, Las Vegas, Nevada
another example of pc gone mad. when are we going to vote labour out of office? There is no common sense anymore.
Peter German, st heleir,
Have we gone completely crazy? Thank God this country wasn't always run like this!
Gill, Southampton, what used to be England