Friday, April 25, 2025

BIMCO warns of extreme prison sentences for crews involve in drug smuggling

The Baltic and International Maritime Council (BIMCO) has issued a stark warning to the global shipping industry about the severe risks faced by crew members when docking at certain ports worldwide.

According to BIMCO, if drugs are discovered on a ship in these locations, the crew may face extraordinarily harsh prison sentences. A common misconception held by judges, particularly in some jurisdictions, is that drugs could not be hidden aboard a ship or attached to its hull without the knowledge and complicity of the crew. This assumption, which often stems from a limited understanding of merchant ship operations, can lead to wrongful convictions.

Misguided Assumptions About Crew Knowledge

BIMCO has called for greater awareness within the maritime sector regarding the potential for wrongful arrests and disproportionate sentences in specific regions. Additionally, the slow pace of legal processes in some countries can lead to lengthy detentions for both crew members and shipowners, sometimes lasting for months or even years.

In recent reports, BIMCO highlighted troubling cases where ships arriving from South and Central America were detained under questionable circumstances. In two notable instances, crew members were sentenced to lengthy prison terms after judges concluded that it would be impossible for drugs to be hidden on the ship or attached to the hull without the crew’s knowledge. This assumption is not universally accepted. In many legal systems, drugs found on board or attached to the underwater hull would not automatically be considered as proof of crew involvement in the smuggling operation. However, in certain jurisdictions, such as some South American and Turkish ports, the opposite view prevails, leading to severe penalties for seafarers.

Smuggling Tactics Targeting the Maritime Industry

The rise in coca production, particularly in Colombia, has increased the targeting of the maritime industry by drug traffickers. The global shipping sector, including all types of vessels, is at risk of being used as a conduit for drug smuggling, particularly through ports in South and Central America, which are often exploited by smugglers. Despite security measures in place, drug traffickers have found numerous ways to successfully hide drugs on board ships:

  • Hidden by shore staff or even crew members: While many of these perpetrators are coerced rather than complicit, they may still be involved in the smuggling process.
  • Attached to the hull by divers: The drugs are placed on the ship’s underwater hull and retrieved later by divers at the ship’s destination port.
  • Hidden in shipping containers: Drugs may be concealed in containers before they are loaded onto the ship.
  • Concealed in cargo holds: Smugglers may hide drugs directly in the cargo holds during loading.
  • Hidden in reefer container cooling units: Drugs may be placed in refrigerated units, making detection more difficult.
  • Stashed in chain lockers and manholes: Smugglers exploit less visible parts of the ship to hide illicit cargo.

Some smugglers even take advantage of the “rip-on/rip-off” method, in which drugs are hidden in containers during their journey without the shipper or consignee being aware of the illegal cargo. This tactic requires coordination between actors at the point of origin, transshipment ports, and the destination country.

Practical Security Measures to Mitigate Risk

While it is often incredibly difficult for the crew to completely prevent drug smuggling operations, BIMCO has recommended several proactive security measures that can help reduce the risk:

  • Education and Briefings: Regular training and briefings for the crew about how smugglers operate and the latest tactics used.
  • Systematic Searches: Comprehensive searches of the ship and its cargo, including the use of sniffer dogs if available.
  • Enhanced Vigilance: Increased security during port stays, such as locking unused doors and compartments, deploying additional watchmen, and expanding the use of electronic surveillance like CCTV.
  • Underwater Hull Inspections: Conducting thorough inspections of the hull immediately before departure to ensure that no illicit cargo has been attached.

While these measures can help mitigate the risk, they are by no means foolproof. The issue is further complicated by the occasional involvement of corrupt law enforcement officers, port officials, and security personnel, making it nearly impossible for the crew to guarantee that no drugs are hidden aboard or attached to the hull.

The Growing Threat in Turkish Ports

In particular, certain Turkish ports, especially those on the Black Sea, have drawn attention due to their lengthy legal processes and the severity of prison sentences. In two recent cases, crew members were sentenced to 30 years in prison. BIMCO has noted that other ongoing criminal investigations in countries like Turkey and Colombia are likely to increase the risks faced by seafarers.

BIMCO is committed to raising awareness of this critical issue and advocates for the fair and just treatment of seafarers across the globe. The organization continues to push for international cooperation and reform to ensure that the maritime industry is protected from unjust legal repercussions and that the rights and safety of the crew are upheld.

 

 

 

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