The United States plans to remove the captain and first officer of a Russian-flagged oil tanker from UK waters "imminently," a Scottish court has heard. The move follows the seizure of the Marinera (formerly Bella 1) by US forces on January 7 near Iceland, after which it was brought to the Moray Firth in Scotland.
Immediate Action & Core Facts
A late-night virtual hearing of the Court of Session rejected a request by lawyers for the captain's wife, Natia Dzadzama, to prevent the US from removing her husband, Avtandil Kalandadze, from Scottish jurisdiction. The judge cited the 1978 State Immunity Act as limiting his authority to intervene against a foreign government.
Lawyers for Dzadzama argued that Kalandadze, a Georgian national, should be protected under Scottish and European human rights law. They claimed he had been denied legal access and communication, raising concerns about his safety and legal rights.
Deeper Dive & Context
Legal and Political Dimensions
The Marinera is a sanctioned oil tanker linked to Venezuela, which US forces pursued across the Atlantic. The vessel was reportedly attempting to breach a naval blockade around Venezuela before its capture.
Lawyers acting for Dzadzama filed a petition for a judicial review, alleging that Kalandadze is being held "unlawfully in legal limbo" without access to a court or tribunal. They sought an emergency order to prevent the ship and its crew from being removed from Scottish jurisdiction.
The court heard that 26 crew members had been brought ashore, while Kalandadze and the first officer were transferred to a US Coast Guard vessel, which is reportedly preparing to depart.
Government and Legal Responses
Claire Mitchell, KC, representing Dzadzama, described a "flurry of action" suggesting imminent removal. She emphasized the lack of legal access for the detained individuals, stating they had only been able to pass one message to a third party.
Chris Pirie, KC, representing the UK government, confirmed the transfer of Kalandadze to a US vessel. The Scottish government's lawyer, Dominic Scullion, noted that the captain and first officer may face further legal proceedings.
Background and Implications
The Marinera was previously known as Bella 1 and is flagged under Russia. Its seizure has raised questions about jurisdiction and the rights of detained individuals in international waters. The case highlights tensions between US enforcement actions and legal protections under UK and European law.
The outcome of this legal battle could set precedents for future maritime disputes involving foreign vessels in UK waters. The case remains under scrutiny as further hearings are expected in the coming days.