The wife of the captain of a Russian-flagged oil tanker, which was captured by US forces in UK waters earlier this month, has initiated legal proceedings in Scotland to secure his release. A judicial review request has been lodged at the Court of Session in Edinburgh, arguing that the detention of Captain Avtandil Kalandadze is unlawful.
Legal Challenge Over Detained Captain
Lawyers representing Natia Dzadzama, the wife of Captain Avtandil Kalandadze, submitted a petition on Monday calling for a judicial review of his situation. The legal team contends that the captain, a Georgian national, has been unlawfully held by the US navy since January 7th aboard the vessel known as the Marinera, previously named Bella 1.
Solicitor Aamer Anwar, acting on behalf of Ms Dzadzama, stated: "Today we lodged a petition for judicial review of the lawfulness of the detention of Captain Avtandil Kalandadze. We submit that Natia Dzadzama's husband was unlawfully detained and held by the US navy in Scotland since 7 January."
Concerns Over Safety and Legal Rights
The petition highlights significant concerns regarding the captain's safety and security while on the ship. Ms Dzadzama is described as "reasonably concerned about her husband's safety and security on the ship," with the legal action seeking the intervention of the Scottish Court of Session to protect his legal rights.
The document alleges that Captain Kalandadze is "unlawfully being held in legal limbo without any recourse to a court or tribunal to vindicate his rights." Lawyers are urgently seeking an emergency order to prevent the removal of the ship and its crew from the jurisdiction of the Scottish court, with hopes for a full hearing in the coming days.
Interim Order Granted by Scottish Court
During a hearing on Monday evening, Lord Young granted an interim interdict in a restricted form. This order prohibits the respondents – including the advocate general for Scotland, the lord advocate, and the Scottish ministers – or anyone acting on their behalf, from removing the captain and crew of the Marinera from the territorial jurisdiction of the court.
Background of the Oil Tanker Incident
The Marinera, a Russian-flagged oil tanker, has been moored in the Moray Firth, a sheltered area of sea off the east coast of Scotland, in recent days. The vessel was captured by US forces earlier this month as it travelled through waters between Iceland and Scotland.
Reports indicate that the sanctioned oil tanker had been pursued across the Atlantic by US forces after apparently approaching the naval blockade around Venezuela. The UK's armed forces assisted in the operation but did not board the vessel, which had initially been falsely flying the flag of Guyana before switching to a Russian flag.
Legal Papers Served on Multiple Parties
Aamer Anwar confirmed that legal papers are being served on Scotland's lord advocate, the advocate general who acts for the UK government, Scottish ministers, and the US president, Donald Trump. The Scottish Courts and Tribunal Service has verified that a petition for judicial review was lodged with the court on Monday afternoon.
This case underscores the complex international legal and diplomatic issues surrounding maritime detentions and the rights of individuals caught in such situations. The outcome of the judicial review could have significant implications for similar cases involving foreign vessels in UK waters.
