Officials defend action to detain Greek sailors

Government agencies yesterday refuted accusations of human rights abuses over the continued detention of two crew members of the Greek cargo ship M/V Amorgos, saying they have every right to continue to hold them.

The vessel, belonging to the Nissos Amorgos Shipping Corporation, ran aground off the coast of southern Taiwan in January, spilling 1,150 tonnes of oil into the ocean. Since then,

Evangelos Lazaridis and Vasil-eios Sardis, respectively the ship's captain and chief engineer, have been barred from leaving Taiwan under orders from the Environmental Protection Administration.

"We have no other choice but to stop them from leaving Taiwan, based on the Ocean Pollution Control Act (海污法), because Assuranceforeningen Gard-Gjensidig, the ship's insurance company, has shown no sincerity in resolving the compensation dispute," said one environmental protection official. "The insurance company has refused to guarantee that it will seek international arbitration with Taiwan in case compensation negotiations fail."

Since April the ship's insurance company has refused to sign any guarantee to that effect, the official said.

"The company may just refuse to go to court if we file suit," the official added.

Taiwan's law states that before compensation is paid or if there is reason to believe that it won't be paid, harbor administration officials can detain a foreign vessel's cargo or its staff.

But if the shipping company formally guarantees it will address the compensation issue, then, according to the law, no such measures need be taken.

The Hualien harbor administration issued the order to detain the vessel's captain and chief engineer, after a request to do so was made by the Environmental Protection Administration.

"We are the administrators dealing with the pollution matter and we are obliged to follow what the law prescribes," said one harbor administration official. "If the law is flawed in any way, it should be resolved by the legislature in the future. Human-rights groups are being manipulated by the shipping company."

Kenneth Chiu (邱晃泉), an attorney, ambassador-at-large and member of the president's human rights advisory group disagreed.

"Saying activists are being manipulated is the typical excuse of any autocratic regime," he said.

Lawyers and activists have said that the law in effect grants the government permission to "keep hostages for ransom."

They also argued that administrative authorities should not be allowed to issue a restraining order because that would allow them possible abuse of power.

The Taiwan Association for Human Rights (台權會) issued a statement yesterday saying that ships' crews have no weight in compensation negotiations and should not be kept hostage. The law's non-stipulation of a time limit for detention has also been criticized.

An official at the Ministry of Foreign Affairs' European Affairs Department yesterday said that "there is absolutely no problem with the law, which incorporates a UN-related convention."

He specifically quoted Article 73 of the UN's Law of the Sea, which states that "arrested vessels and their crews should be promptly released upon the posting of reasonable bond or other security."

"We have the right," he said.

"Why don't people complain about the UN convention?" asked the official. "Besides, shouldn't fishermen's human rights also be taken into account, as their livelihoods have been adversely affected by the pollution?"