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A critical component of efforts to combat piracy off the coast of Somalia is to ensure that suspected pirates are brought to justice and the international community has turned to regional countries to assist in this process. UNODC is providing targeted support and capacity building to regional countries who agree to undertake piracy prosecutions to ensure that the trials and detention are fair, humane and efficient and take place within a sound rule of law framework. The main elements of the programme include legislative review and assistance, support to the police, prosecution and judiciary, the provision of logistics and information technology, witness and trial support, prison repairs and refurbishments, training of prosecution, police, maritime authorities and prison management and officers, and the development and sharing of regional expertise.
Currently, the core support provided by UNODC is focused largely on Kenya, where 100 piracy suspects are currently undergoing trial and a further 10 convicted pirates are serving their sentence. Since its inception in May 2009, the EC/UNODC Counter-Piracy Programme has delivered the following key substantial outputs:
- Completed reviews of the legal frameworks of Kenya, The Seychelles and a draft for Tanzania, assessed the adequacy for meeting the demands of prosecuting piracy and set out recommendations changes to be implemented in the short, medium and long term; Supported prosecutors through office improvements, evidence handover routines and training in military organisations and the Law of the Sea;
- Supported prosecutors through office improvements, evidence handover routines and training in the Law of the Sea;
- Lent support to the Kenyan police in the form of logistics, travel, introduced best practices, exhibit and evidence handling, and started on the installation of secure exhibit rooms;
- Developed and improved court facilities (including a needs assessment on the introduction of a new courtroom for piracy and other large trials in Mombasa, Kenya), provided interpreters, defence services, online legal resources, reviewed remand cases, witness delivery to trial, and supplied technical equipment;
- Brought about substantial improvements in prison conditions and reduced overcrowding, doubled sanitation and water supply capacity, procured mattresses and blankets, painted facilities and provided extra prison medical services (Shimo La Tewa Prison, Mombasa, Kenya).
UNODC is currently pursuing an ambitious programme to introduce capacity building measures to other countries in the region that are willing to undertake the prosecution of piracy suspects to reduce the burden presently placed on Kenya. UNODC has already provided direct support to first piracy prosecutions in the Seychelles and will implement a full programme of support for future piracy prosecutions. UNODC is also currently working with a number of other regional countries who are considering undertaking piracy prosecutions.
Further, UNODC will also provide technical support to Somalia itself: firstly through the improvement of prison conditions in Puntland and Somaliland to allow for the transfer of convicted pirates back to Somalia and, in the longer term, to increase the capacity of Somalia's basic legal and institutional structures to investigate, prosecute and detain suspected pirates in line with international standards.