Pirate Negotiatior's Plea for Pre-trial Release
An insight into the problem of Somali pirate court cases is not often seen in a public forum, however, on that rare occasion an individual is accused of being a pirate negotiator, the difficulty in proving the status of the individual for both the prosecution and the defence underlines the great efforts, and expense, necessary to reach a conclusion - one way or another.
The case of Mohammad Shibin, 52, facing 15 counts of piracy, hostage taking, kidnapping and weapons offenses in the February hijacking of the American yacht Quest in the Arabian Sea, and also accused of being the highest-ranking pirate negotiator captured by the Federal Bureau of Investigation, is the most high profile in the U.S. Federal Courts today. However, another Somali accused of being a pirate negotiator continues to fight in another protracted case. Ali Mohamed Ali, heavily involved in events surrounding the negotiations for German vessel hijacked in 2008, is seeking release from prison following the desire for a review of his bond status.
On June 24, 2011, the Court issued its Opinion and Order denying bond for the defendant, Ali Mohamed Ali. Since that time, Mr. Ali has received a substantial amount of additional evidence that strongly merits revisiting his bond status.
The evidence raises troubling questions regarding the government’s diligence in its factual proffer and demonstrates the superficiality of the government’s claims that Mr. Ali—a former public official in the strongly anti-pirate Republic of Somaliland—conspired with a gang of RPG-wielding pirates. In short, the evidence strongly tips the “weight of the evidence” in Mr. Ali’s favor, says the Memorandum of Points and Authorities for the Defendant.
It also bolsters numerous other bond factors, by demonstrating Mr. Ali’s consistent connection to this country; his history of confronting these charges head-on; his trust and faith in the United States legal system; and his fear of returning to Somalia. Mr. Ali respectfully submits that these new materials show his substantial claims of innocence and corroborate his fervent desire to achieve vindication through this Court, so that he may seek refuge in this country.
Mr. Ali also asks that his bond status be revisited for another reason: fairness under the Due Process Clause. Mr. Ali has now been imprisoned for seven months without an adjudication of guilt because the government, in a curious and aggressive assertion of universal jurisdiction, invited him to this country and arrested him before it was ready to prosecute him.
Since the bond hearing, counsel for Mr. Ali has interviewed several witnesses who interacted with Mr. Ali in hostage crisis situations before, during, and after the CEC Future. The consistency of their testimony powerfully demonstrates that Mr. Ali is a courageous individual who intervened independently and acted at all times for the benefit of the hostages, says the Defence.
The full [redacted] transcript for the Second Bond Motion (PDF).
Evidence of Mr Ali's status as a negotiator, or, as stated in declarations from the victims of Somali pirates held hostage, a translator, mentions that he was different to the pirates and often acted to the benefit of those held hostage.
The declarations from the Master of the German vessel, MV CEC Future, and the Clipper Group CEO, Per Gullerstrup; the owner of the German yacht, Rockall, Jurgen Kantner, both vessels hijacked in 2008, state Ali's help in reaching a conclusion rather than the furtherance of pirate intent.
Further evidence includes other declarations, letters and emails from individuals in the U.S. Navy, FBI and UN organisations, along with contact through email to maritime security company representatives. All the evidence exhibits (PDF, large file) submitted by the defending counsel are clearly aimed at bringing about the Motion for Bond. However, the Bond, which has been denied to date, is based on whether Ali, who has livd in the U.S. for over 27 years, would leave the country, despite the matter of fearing for his safety should he return to Somalia.
Mr. Ali has now been imprisoned for seven months without an adjudication of guilt because the government, in a curious and aggressive assertion of universal jurisdiction, invited him to this country and arrested him before it was ready to prosecute him. Mr. Ali bears no responsibility for this delay and, conscious of his innocence, has consistently asserted his desire for a speedy trial. Yet he faces seven additional months of incarceration before he will get that chance—perhaps more, as the government still has not produced any classified evidence from the several federal agencies with whom Mr. Ali corresponded. Such prolonged imprisonment resulting from the government’s own decisions is unconscionable, and violates Mr. Ali’s fundamental due process rights. Mr. Ali therefore respectfully moves this Court for release under appropriate conditions until a trial may be held in this matter.
It is a test of the legal process to ensure the prosecuting authorities have acted in a manner which is above board. It also goes to demonstrate the difficulty that all pirate cases have in reaching a decision if the evidence is not clearly collected and exhibited. Something many international piracy cases have had to deal with over the last few years, and not always successfully. Providing the pirates are arraigned.
The documents are provided courtesy of CLINTON & PEED PLLC (Washington, DC) and SIMON & PARTNERS LLP (New York), Counsel for Mr Ali.
The views stated do not necessarily reflect those of OCEANUSLive.org.
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