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India to appeal against Iran detention following tanker release

India to appeal against Iran detention following tanker release
India has filed an appeal with the Detention Review Panel of the Indian Ocean Memorandum of Understanding on Port State Control (IOMOU), following the release of tanker Desh Shanti last week.  

The move could be indicative of future legal action against Iran for the detention of the Shipping Corporation of India-owned vessel, on the grounds that it is suspected to be illegal. The Detention review panel will consist of, amongst others, representatives from both India and Iran.

The 2004-built vessel was held by the Iranians at Bandar Abbas for 24 days since it was seized by the Iranian Revolutionary Guards Corps (IRGC) on a voyage carrying 140,000 tonnes of crude oil from Iraq to India, on charges of polluting Iranian waters with discharges of oily ballast water.

According to a report by India’s Livemint, an Indian Shipping Ministry spokesman said: “If the appeal against the illegal detention of the ship is rejected by the IOMOU, India has the option of going to the IMO to press its case. It will be up to the Shipping Corp of India (SCI) to pursue a legal course of action against the detention depending upon the outcome of the findings of the IOMOU or the IMO as the case may be.

“SCI has given an undertaking to Iran saying that if the pollution is proved, it will bear the cost for damages.”

SCI maintain that no money has changed hands, despite the $1m guarantee demanded by Iranian authorities for the vessel’s release.