Pakistan Pollution Detention Prompts ISU Ire
01 Nov 2003
The International Salvage Union has deplored the decision of a Pakistani Court to detain the Salvage Master involved in the recent Tasman Spirit salvage operation after the tanker had grounded at Karachi Port.
A statement by ISU President Joop Timmermans said the attitude of the Pakistani authorities had been unhelpful and in some cases obstructive regarding Tsavliris' Nicholas Pappas. The salvage team had used their best endeavours to deal with a very difficult situation and minimise pollution damage, successfully recovering 38,000 tonnes of oil.
In return, the authorities had placed restrictions on the movement of salvage vessels and equipment. They had refused to return the Salvage Master's passport and the court had refused to allow Pappas to return to Greece for a family funeral.
Timmermans said these actions were unjustified and had a number of negative consequences.
Firstly, ISU members may be reluctant to provide assistance should another major pollution threat arise in Pakistani waters.
Secondly, the Tasman Spirit situation reinforces an unwelcome trend toward criminalisation of spill events, a process making it increasingly difficult for salvors to respond in certain jurisdictions. Thirdly, the treatment of Nicholas Pappas as well as the Master of the Prestige , reminds ISU members of their vulnerability as front-line responders.
Again, the ISU called for responder immunity. Salvors are not responsible for casualty events giving rise to pollution but, when rendering salvage services to such casualties, are bound by the Salvage Convention 1989 and by Lloyd's Form, if that salvage contract is being utilised, to use their best endeavours to prevent or minimise damage to the environment due to pollution.
Timmerman's statement concluded, 'I now call on the Government of Pakistan to take the necessary steps to end, with immediate effect, the unjust detention of Nicolas Pappas. ISU salvors play a central role in protecting the environment and minimising the consequences of shipping accidents. Salvage personnel and vessels should not be used as pawns by any local or national authority.
Our members have the right to be treated with respect by the authorities in all jurisdictions.
All such authorities should appreciate that the salvage industry is very often the first line of defence against pollution caused by shipping casualties. There are no other organisations in existence with the personnel, equipment, skills and capability to deal with such incidents.'
MJ Information No: 18833






