Scottish Government not informed of Bella-1 crew removal by US, says Swinney

The First Minister of Scotland has said his government was not informed that two members of crew were removed from the Marinera until after the US had done so.

The Marinera, a Russian-flagged vessel previously known as Bella-1, was seen in waters in the north of Scotland on 7 January with a US Coast Guard vessel after being captured in the North Atlantic.

The ship was brought close to the Moray Firth to allow for provisions to be taken aboard for the crew.

In a statement in the Scottish Parliament on Wednesday, John Swinney said the Scottish Government is a “supporter of those actions being enforced”.

He said: “The Scottish Government has been clear that it supports that action where international sanctions are applied, this government is a firm supporter of those actions being enforced.

“There is no point to imposing sanctions on governments that ignore international law, undermine the rule of law and illegally invade their neighbours, as Russia has invaded Ukraine, if you are not willing to take action to enforce those sanctions.”

However, Mr Swinney said US authorities had initially approached the Crown Office for mutual legal assistance on January 16. That request was withdrawn by the US on January 26.

Mr Swinney said: “The Scottish Government’s understanding is that the Bella-1 crew comprised 28 individuals of different nationalities. We understand two of those individuals had been arrested by the United States government as part of the initial action.

“It is important to make clear that while the Bella-1 was in Scottish waters, at no point were the UK or Scottish authorities in control of the vessel, and the Scottish authorities had no legal basis whatsoever for boarding the vessel at any time.”

On Monday, the Court of Session in Edinburgh imposed an order banning the UK and Scottish authorities from removing the crew from Scottish jurisdiction, at the request of the captain’s wife Natia Dzadzamia.

The US Department of Justice told Scottish authorities on Tuesday morning that the captain and another member of crew were on board the US Coast Guard vessel Munro.

Mr Swinney continued: “The Scottish ministers and the Lord Advocate have never, at any point, detained any of the crew, and they have never had them in their control.

“Assistance has been offered by a variety of Scottish authorities, including the police and local authorities, but no individual has been arrested or detained by any Scottish authority.”

Mr Swinney continued that the Scottish Government is a respondent to a live judicial review, but made clear that the government did not know that two individuals had been removed from the tanker until after they were.

He continued: “The Scottish Government is a respondent to a live judicial review relevant to these issues. Therefore, there are limits to what I can say on this point. I want to be very clear, though, that the Scottish Government was informed that the two individuals had been removed from the Bella-1 by the United States after they had been removed from that vessel, not before.”