April 7, 2014 Letter from Baroudi and Associates Law Firm to Head of Beirut Port
Baroudi & Associates
Beirut, April 7, 2014
To: Head of Beirut Port [Beirut Harbor Master]
Re: Request for Urgent Action
Petitioner: PROKOSHEV BORYS in his capacity as captain of the Rhosus
By power of attorneys: Samir Baroudi and Jean Baroudi under a duly certified true copy and hereto attached (Document 1)
Re: Request for Urgent Action to avoid a maritime catastrophe
Acting for Mr. Prokoshev Borys in his capacity as captain of the “Rhosus”, we state the following:
Whereas the “RHOSUS” is docked in Beirut Port in transit since December 2013 with onboard several seafarers. And since the ship is leased and operated by “Teto Shipping LTD”, and it is carrying 2,750 metric tons of Ammonium Nitrate shipped for “Banco International de Mozambique” and the “Fabrica de Explosives” company which should be notified.
Whereas the seafarers became prisoners on board of the ship and could not leave it and make a living after the ship owner, operators and leasers abandoned them and the ship, and stopped paying their wages more than 5 months ago and stopped as well paying the ship’s expenses and debts. And since the consignee to which the merchandise was shipped abandoned the merchandise as well, and these issues are proven in the letter sent via email from “Teto Shipping LTD” via the maritime agent to us. (Document 2)
Whereas the ship and its cargo are threatening the safety of the ship as well as the safety of the port. And since the ammonium nitrate carried on board of the ship is considered an extremely hazardous material due to its high flammability and because it is used in the manufacture of explosives, which requires taking due diligence and precaution while stocking or moving it. And since the ship became worn-out because it is corroded to rust which might cause water leaking into the holds and given that the interaction of ammonium nitrate with water exposes the cargo to the risk of explosion (a status report of the mentioned ship is hereto attached, duly signed and stamped by the petitioner Document 3).
We point out that the world has witnessed many catastrophes caused by ammonium nitrate, for example a ship carrying 2,600 tons of Ammonium Nitrates exploded in a port in Texas in 1974, which caused hundreds of deaths, and debris and damage in a 40 mile radius (a copy of a report about incidents caused by ammonium nitrates and published on Wikipedia is hereto attached – Document 4).
And since, pursuant to the provisions of the applicable laws, especially article 73 of the Ports and Harbors Regulations, “monitoring the hazardous goods onboard of ships and taking the necessary actions to maintain public safety” is within the competence of your authority.
Therefore, we respectfully ask you to promptly take all the necessary measures and actions to prevent and avoid the risks imposed by the mentioned situation, given that the ship owners and the cargo owners abandoned the ship and the cargo onboard, and to take the measures to sell the ship and its cargo as per the applicable laws, and to pay the debts owed to the crew and others.
Respectfully,
With all rights conferred by the power of attorney retained,
Lawyer Jean Baroudi
[Signature]
Translated by Human Rights Watch