MFAEI harshly condemns actions by Indonesian authorities

The Croatian ship Mirna, owned by the Croatian shipping company Lošinjska Plovidba from Rijeka, was engaged on a charter contract with a Malaysian and a subcharter contract with an Indonesian company for log shipment from the Indonesian port on the Island of Papua. Immediately after leaving the port end-August 2004, it was stopped by the Indonesian Navy which, after checking the maritime documents and finding them to be irregular, escorted the ship to the Surabaya port and held it under its control.

After a longer period of time, a court proceeding was initiated, indicting the captain for sailing with irregular documents. In April 2005, a verdict was reached obliging the captain to pay a fine of 20 million rupies, or around $2,200. The captain paid the fine, and so as of 6 May 2005, the ruling became legally valid, and the ship and the crew were free to leave Indonesia, while the Indonesian Navy obliged to escort the ship to international waters. However, the authorities did not allow the ship to leave, but this time the Indonesian Navy left the ship.

The Croatian Embassy in Jakarta, immediately after receiving the ruling to release the ship and its crew, as well as the court’s decision to reject the file for complaint as unlawful, in May and June 2005 respectively, officially asked of the Indonesian Ministry of Foreign Affairs to respect the court’s ruling and for the executive authorities to stop obstructing it and allow the ship to leave immediately.

Representatives of the Indonesian state institutions engaged in this case reached on Saturday 20 August 2005 their conclusions, submitted to the Croatian Embassy on Sunday. Yesterday, 22 August 2005, the Croatian Embassy informed verbally and today, 23 August 2005, in writing the reply by Croatian shipping company Lošinjska Plovidba which states that it accepts the Indonesian authorities’ request to ensure 10 billion rupies, or around $1 million, as an escrow deposit during further court proceedings so that the ship could leave Indonesia afterwards.

Yesterday afternoon, an Indonesian battleship circled around the Croatian ship Mirna, its cannons pointed at it, while this morning around 200 members of Indonesian Navy’s armed forced took over the ship by force, accompanied by representatives of the public prosecutor’s office and captain of the Surabaya port. Holding the ship’s captain at gunpoint, they asked him to sign papers in Indonesian, which he refused to do without a lawyer and an official translator. The armed forces then leave the ship, but 12 soldiers remain on the ship, keeping it under surveillance.

The Indonesian executive authorities informed no one either of their intentions, or the results of the undertaken military action – neither the Croatian Embassy in Jakarta, nor the appointed representatives of the Croatian shipping company or the captain of Mirna himself.

The Croatian Embassy immediately informed by phone and an official note the Indonesian authorities, protesting against the armed attack on the ship, and asking for the ship and its crew to be released and the guilty parties punished. The Croatian Embassy expresses its protest and regret concerning the attack on the ship and the hostile behaviour of the Indonesian executive authorities’ representatives, which ran contrary to court’s valid ruling to release the ship, and contrary to friendly relations between Croatia and Indonesia.

The MFAEI expresses incredulity at such behaviour by the Indonesian executive authorities, whose actions were in direct opposition to the highest representatives of this country, dedicated to the setting up of a legal system and the rule of the law. The MFAEI and the Croatian Embassy to Indonesia are keeping close contact with the ship’s crew and are monitoring the situation, and will inform of any developments.