Flag State Sues Equatorial Guinea for Illegal Seizure of Heroic Idun
A newly-released legal complaint lays out serious allegations of mistreatment of the crew of the Heroic Idun, who were detained by officials in Equatorial Guinea and held without charges in 2022. In a lawsuit filed with the International Tribunal for the Law of the Sea, the flag state alleges that Equatorial Guinea's forces unlawfully boarded the vessel in international waters and then mistreated the crew for months, violating their human rights.
On August 8, 2022, Heroic Idun was drifting and waiting to load near the Akpo terminal in the Nigerian EEZ. That night, it was approached by an unknown vessel, which hailed the crew on VHF and claimed to be a Nigerian Navy warship. The unknown vessel ordered Heroic Idun to follow it to the Bonny Fairway Buoy or be boarded.
Fearing piracy - then a common and serious threat in the Gulf of Guinea - the master contacted shoreside advisors, all of whom recommended treating the vessel as a security threat. He gave the order to get under way, and Heroic Idun departed the scene in search of safety. The unknown vessel gave pursuit and made several failed attempts at a forcible boarding before eventually giving up. (It was later identified as the Nigerian Navy patrol vessel Gongola.)
Heroic Idun transited into the Equatorial Guinea EEZ and resumed drifting on August 10, waiting to load. She was still in international waters when she was approached by an Equatoguinean warship, the Captain David. The patrol boat had its guns trained on the bridge deck, and its crew ordered Heroic Idun to follow to the anchorage at Luba for "investigations." During transit, a second gunboat joined the convoy and trained its deck guns on the accommodations block as well.
The flag state says that it was never notified of the interception and diversion of its vessel, which is for legal purposes under the Marshall Islands' jurisdiction when outside the 12-mile line.
On August 14, the master and 14 other crewmembers were taken ashore under armed guard. They were driven to Malabo and brought to a police station for interrogation and detention. Conditions were poor, according to the Marshall Islands' complaint: the crew said that they were made to watch other prisoners beaten; deprived of food and drinking water; subjected to poor sanitation; and obligated to sleep on the floor, some without mattresses.
On board, 11 remaining crewmembers worked overtime to keep the vessel safe, though understaffed compared to minimum manning requirements. They were watched by a team of 8-10 naval guards, who (the crew alleged) were drunk or high on drugs most of the time.
The flag state attempted to intervene in the case after finding out on August 26, but received no response. The crew of the Heroic Idun remained in detention without charges, and were subjected to multiple rounds of questioning by officials from Nigeria - not Equatorial Guinea - who wanted to know what the tanker was doing at the Akpo platform on August 8. Requests for legal representation were refused.
After considerable misfortunes in detention - malaria, typhoid, gastroenteritis, and varying degrees of mental distress - and despite the payment of a $2 million "fine" by the shipowner to secure the crew's release, Equatorial Guinea allowed the Nigerian Navy to take custody of all crewmembers and the vessel for an informal extradition. On November 11, against the wishes of all affected parties, the vessel and crew were escorted out of Equatoguinean waters and forced to relocate to a Nigerian anchorage. They were held in Nigerian custody on charges of "false pretense to be victims of a maritime offense," an obscure antipiracy statute. In May 2023, the shipowner finally paid $15 million in "restitution" to induce Nigerian authorities to release the ship and crew, and they were allowed to depart.
"Equatorial Guinea took enforcement action against the “Heroic Idun” and her crew on the high seas, including by threatening the use of force. In so doing, Equatorial Guinea violated Article 92 of UNCLOS," the Marshall Islands asserted. "Equatorial Guinea’s enforcement measures undertaken subsequent to its unlawful conduct on the high seas were without any legal basis and, accordingly, were also unlawful."
For a remedy, the flag state is seeking repayment of the $2 million "fine" paid to Equatorial Guinean authorities, which did not result in the crew's release as promised, plus: $1 million for expenses to support the crew during detention; $1.3 million in vessel operations expenses during the same period; the "restitution" payment of $15 million that the owner paid Nigeria to get the crew back; $1.1 million for repatriating the crew after release; $500,000 in repairs to the vessel; $20 million for loss of hire; $300,000 for extra war risk premiums; and another $650,000 for costs incurred in suing Equatorial Guinea. In addition, it seeks $2,000 per crewmember per day for hardship, totaling $15 million.
Hearings in the case begin this week and will last through the middle of the month.