In anchoring the Avant Garde outside Sri Lankan waters, and subsequently entering Sri Lankan waters on the orders of the Sri Lankan Navy, it is clear that Capt. Gavrylov never intended to commit any crime.
Trade unionists from maritime unions affiliated with the International Transport Workers' Federation (ITF) have urged the Sri Lankan government to release the Ukrainian captain of the MV Avant Garde ship, Captain Gennadiy Gavrylov and expedite his safe return home.
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| Gennadiy Gavrylov |
Gavrylov was arrested on 23 June 2016 by the Criminal Investigations Department (CID) of the Police, on charges of illegally possessing and importing firearms and explosives to Sri Lanka on the vessel, which is said to be a floating armory. He was granted bail on 23 March 2017 on the condition to appear before the CID every Sunday and remains detained in the country.
According to a report in The Maritime Executive, in October 2015, the Avant Garde was anchored outside Sri Lankan waters on the orders of the company operating the vessel. Gavrylov was awaiting clearance to bring the vessel into port when the vessel was seized by Sri Lankan authorities and forced to enter Sri Lankan waters. The vessel remained in port, and Gavrylov remained on the vessel as its master. Then on the June 23, 2016, Gavrylov was arrested in relation to the illegal importation of arms and has since been unable to leave Sri Lanka.
The report said Gavrylov has not been formally charged with any crime. During his three years of detention, Gavrylov has been restricted in his ability to contact his family, has been prevented from leaving Sri Lanka and thereby prevented from earning a living. This has caused significant stress to both Gavrylov and his family. Also Gavrylov is suffering from a serious heart issue and doctors have informed him that his condition requires surgery in the Ukraine.
ITF president Paddy Crumlin, ITF general secretary Stephen Cotton and Oleg Grigoryuk, vice president of the Maritime Transport Workers Union of Ukraine (MTWTU), met with Gavrylov during the ITF's Maritime Roundtable conference this month.
"In anchoring the Avant Garde outside Sri Lankan waters, and subsequently entering Sri Lankan waters on the orders of the Sri Lankan Navy, it is clear that Capt. Gavrylov never intended to commit any crime. He was merely following what he believed to be legitimate orders issued by his employer and the Sri Lankan authorities," said ITF general secretary Stephen Cotton.
"The fact that he remains in Sri Lanka three years after his arrest, and nearly four years after he first arrived, is a clear breach of his human rights and a classic example of criminalization, says ITF president Paddy Crumlin. "Criminalization occurs when seafarers are charged with offenses related to their role at sea and is an issue with a rising profile at both the ILO and IMO. While charges may be justified, it is important that seafarers, and all people, are treated fairly and have access to justice. Capt. Gavrylov has been denied justice and, we believe has been unfairly criminalized."
International law is clear on the rights of individuals who are subject to detention by state authorities. These rights are contained in the Universal Declaration of Human Rights and the International Covenant on Civil and Political Rights (ICCPR). Article 9 of the ICCPR states that every person has the right to liberty and that any person "arrested or detained on a criminal charge... shall be entitled to trial within a reasonable time or to release." This principal, and others contained in the ICCPR, are reflected in Article 13 of the Constitution of Sri Lanka.
The MTWTU has been and is actively exploring all diplomatic avenues to ensure Gavrylov's safe and immediate return to Ukraine so that he can receive the much needed medical attention.
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