Officials say more than 20 suspected pirates may be transferred to the US for trial

By Lolita C. Baldor, AP
Friday, April 16, 2010

Officials: Piracy suspects may be in US for trial

WASHINGTON — As many as 20 suspected pirates held on U.S. ships off the coast of Somalia may soon be headed to the U.S. for prosecution, according to U.S. officials.

The potential transfer would come amid heated debate among U.S. and other international agencies over where piracy suspects should be sent for trial. Earlier this month Kenya began refusing to take piracy suspects, saying the trials were straining its courts.

Senior officials from several U.S. agencies met Thursday at the White House to discuss the issue, which largely involves piracy suspects caught while allegedly attacking U.S. vessels. Officials said it is still unclear whether all or some of the suspects would be transferred to the U.S. for trial, but details for the transfer were being formulated Friday as other prosecution options were being explored.

Officials spoke about the discussions on condition of anonymity because of the sensitivity of the issue. The Justice Department declined to comment.

There also have been preliminary discussions about setting up a special international court to try piracy suspects, because a number of countries will not take action against suspected pirates who are turned over to them. Officials said, however, that those talks are in the very early stages.

One piracy suspect has already gone to court in New York City in connection with the attack against an American cargo ship early last year.

But the prospect of multiple piracy suspects going on trial in American courts could provoke opposition. Members of Congress have objected to suggestions that terrorists captured abroad be tried in the U.S.

Under current U.S. policy, if the U.S. Navy captures pirates who hijacked an American ship, the suspects are brought to the United States for trial. If the Navy captures pirates who attack another country’s ship, the suspects are supposed to be tried by that country or, until this month, in Kenya.

The piracy prosecutions are part of a larger U.S. policy debate over how best to deal with the insurgents and criminal activities that contribute to the persistent instability in Somilia, making it a safe haven for al-Qaida-linked terrorists.

Earlier this week, President Barack Obama gave Treasury officials broader power to sanction or freeze the assets of individuals involved in piracy off Somalia’s coast or of militants who have done anything to threaten the shaky nation’s stability.

The Navy has taken custody of at least 21 suspected pirates since March 31 in the violence-plagued waters off Somalia and nearby regions, where U.S. warships are part of an international anti-piracy flotilla. Six people were captured after they allegedly began shooting at the amphibious dock landing ship USS Ashland about 380 miles off Djibouti, a small nation facing Yemen across the mouth of the Red Sea.

On March 31, the frigate USS Nicholas exchanged fire with a suspected pirate vessel west of the Seychelles, sinking their skiff and confiscating a mother ship. Five suspected pirates were captured.

On Monday, the destroyer USS McFaul responded to the distress call from a merchant vessel and captured 10 other suspected pirates.

Adm. Mark Fitzgerald, the top U.S. naval officer in Africa and Europe, said Thursday that the Navy was awaiting instructions on what to do with the pirates being held. He said the Navy had handed over a packet of evidence on the five charged with attacking the USS Nicholas and that the Justice and State departments were working on a plan on how they would be prosecuted.

The evidence included the pirates’ weapons, photographic evidence and proof that small arms fire hit the ship, he said, adding that he didn’t know what the exact charges would be.

Abdiwali Abdiqadir Muse, a Somali teenager, pleaded not guilty in U.S. District Court in Manhattan to charges including piracy and taking a ship by force in connection with the attempt to seize two vessels in the Indian Ocean early last year. A federal indictment accuses him and others of boarding the two vessels, which have not been identified, and holding the crews at gunpoint in March and April.

Prosecutors say that shortly after those attacks, the men seized the U.S.-flagged Maersk Alabama, and that Muse was the only survivor when U.S. military snipers fired on the pirates holding the ship’s captain, Richard Phillips, hostage.

Associated Press writers Matthew Lee, Pauline Jelinek and Pete Yost in Washington contributed to this report.

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