Swinney Reveals US Did Not Inform Scotland Before Removing Bella-1 Crew Members
First Minister John Swinney has disclosed that the Scottish Government received no advance notification from United States authorities before they removed two crew members from the Russian-flagged vessel Marinera, previously known as Bella-1.
In a detailed statement delivered to the Scottish Parliament on Wednesday, Mr Swinney confirmed that his administration was only informed about the removal after the action had been completed by US officials.
Vessel Presence in Scottish Waters
The Marinera, a tanker flying the Russian flag, was observed in waters north of Scotland on 7 January accompanied by a US Coast Guard vessel. The ship had been captured in the North Atlantic and was brought near the Moray Firth to allow provisions to be taken aboard for the crew.
"The Scottish Government has been clear that it supports that action where international sanctions are applied," Mr Swinney told parliamentarians. "This government is a firm supporter of those actions being enforced."
He elaborated on the government's position regarding international sanctions, stating: "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."
Legal Assistance Request and Withdrawal
Mr Swinney revealed that US authorities had initially approached Scotland's Crown Office for mutual legal assistance on 16 January. However, this request was subsequently withdrawn by the United States on 26 January.
The First Minister provided details about the vessel's composition, explaining: "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."
He emphasised the legal limitations faced by Scottish authorities during the incident: "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."
Court Order and US Notification
On Monday, the Court of Session in Edinburgh imposed an order prohibiting UK and Scottish authorities from removing crew members from Scottish jurisdiction. This order was granted at the request of Natia Dzadzamia, the wife of the vessel's captain.
The US Department of Justice informed Scottish authorities on Tuesday morning that the captain and another crew member were aboard the US Coast Guard vessel Munro.
Mr Swinney clarified the Scottish authorities' role: "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."
Judicial Review and Communication Timeline
The First Minister noted that the Scottish Government is currently a respondent in a live judicial review related to these matters, which limits what he can publicly disclose.
He made a crucial clarification about the timing of communications: "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."
This revelation highlights potential communication gaps between international partners during sensitive maritime security operations involving sanctioned vessels in British waters.
