German Piracy Trial
| Court |
Regional Court of Hamburg (Landgericht Hamburg), Germany |
| Decision title |
Urteil |
| Decision date |
19 October 2012 |
| Categories |
Piracy |
| Links |
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| Other countries involved |
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back to topSummary
On 5 April 2010, ten Somalis attacked the Taipan, a container ship sailing under the German flag off the Horn of Africa. The Dutch naval forces arrested the Somalis and, on 10 June 2010, transferred them to Germany. The trial commenced on 22 November 2010, representing the country’s first piracy trial in 400 years.
On 19 October 2012, the Hamburg Regional Court found the Somalis guilty and handed down sentences ranging between two and seven years.
back to topProcedural history
On 10 June 2010, the Dutch navy transferred ten Somali nationals to Germany. The Somalis were accused of committing acts of piracy on 5 April 2010 on the German container ship, the Taipan. The proceedings against them began on 22 November 2010.
See also BBC, 'Hamburg Trial of Suspected Somali Pirates Begins', 22 November 2010; K. Connolly, 'Somali ‘Pirates’ Go On Trial in Hamburg', The Guardian, 22 November 2010; and K. Matussek, 'Somalis Face Hamburg Court in First German Piracy Trial for Four Centuries', Bloomberg, 22 November 2010.
back to topLegally relevant facts
Ten Somali nationals were accused of acts of piracy allegedly committed on 5 April 2010 when they boarded a German-registered ship, the Taipan about 560 nautical miles off the Horn of Africa. The Accused allegedly intended to hold the ship’s crew for ransom but the crew fled to a secure room and cut the power to the engines. Eventually, the Accused were arrested by the Dutch naval forces and handed over to Germany on 10 June 2010.
back to topCore legal questions
- Can the Accused be held criminally responsible for the acts of piracy?
back to topSpecific legal rules and provisions
- § 239 (a) para. 1 and § 316 (c) para. 1 no. 1 of the German Criminal Code (Strafgesetzbuch).
back to topCourt's holding and analysis
On 19 October 2012, the first instance court of Hamburg found all ten Somali Accused guilty of piracy and sentenced them to terms ranging between two and seven years. The Hamburg Court handed down sentences between six and seven years for the seven adults and two year of youth detention for the three minors.
back to topFurther analysis
back to topInstruments cited
back to topAdditional materials
- Regional Court of Hamburg, Press Release (in German), 'Urteil im sog. “Piratenprozess” vor dem Landgericht Hamburg – Angeklagte zu Mehrjährigen Freiheits- und Jugendstrafen Verurteilt', 19 October 2012;
- Der Spiegel, 'Verdict in Somali Hijacking Case: Court Rules in Germany’s First Modern-Day Piracy Trial', 19 October 2012;
- C. Cottrell, 'Germany: 10 Somali Pirates Convicted', The New York Times, 19 October 2012;
- J. Schwartz, 'German Court Convicts 10 Somalis of Piracy', Reuters, 19 October 2012;
- Radio Netherlands Worldwide, 'Somalis Convicted in German Piracy Trial', 19 October 2012;
- The Local, 'Hamburg Court Jails Ten Somali Pirates', 19 October 2012.
