Today Captain Kononov, a Russian trawler misappropriated by a Mauritanian entrepreneur, Abass Boughourbal, has been seized in Namibia. The attachment of the trawler is a security measure that will allow terminating illegal use of the vessel until its return to its legal holder in Russia.
On February 15, the High Court of Namibia granted a motion by Archangelsk Trawl Fleet filed by lawyers of EPAM, and their Namibian partners seeking attachment of ATF’s fisher Captain Kononov, now renamed the Atlantic Shark. On February 16 the seizure warrant has been served upon the vessel captain and port administration by deputy sheriff of Walfish Bay port.
Seeking to retrieve its property, Russia has initiated a number of legal suits in various countries. As the subject of a legal suit, the trawlers should have been arrested and anchored in a Mauritanian port. However, ignoring the norms of procedure and the Mauritanian authorities’ appeals, A. Boughourbal and persons affiliated with him actively exploited the vessels.
In collaboration with local lawyers EPAM stand up for the interests of the Russian Federation vindicating the misappropriated South Group trawlers worldwide. Earlier our lawyers had successfully preserved the attachment imposed upon “Yuosas Alexonis” and “Trawlmeister Mogutov”. The seizure of the misappropriated vessels in Namibia is a significant step towards reinstating proprietorship of the Russian Federation.
In June 2004, three Russian vessels – “Captain Kononov”, “Yuosas Alexonis” and “Trawlmeister Mogutov” belonging to open joint-stock company Archangelsk Trawl Fleet, of which 100% of the shares are owned by the Russian State and represented by the Russian Federal Ministry of Property Management, were detained in Mauritania where they were fishing. The Russian trawlers were detained following the lawsuit of a Mauritanian firm, Societe de Promotion de la Peche (SPP), which, under forged documents, accused the Archangelsk Trawl Fleet of non-payment of $13 m. in alleged debt. On the basis of that fictitious debt, the ships were sold by the Mauritanian authorities to Abass Boughourbal, who is backed by high-ranking Russian officials, investigating commission suspects.
Criminal proceedings have also been initiated against Abass Boughourbal and his accomplices. In October 2006 a Spanish court reviewed a joint request by Russian and Mauritanian General Prosecutors for extradition of Abass Boughourbal to Russia. The decision of the court remains to be passed shortly.
16 February 2007
Captain Kononov, an ATF South Group’s trawler seized in Namibia