Master of Shadowy Iranian Tanker Sentenced to Seven Years for Pollution

Iran routinely transships oil between "shadow fleet" tankers at anchorages in Southeast Asia, wiping the sanctioned origins of the cargo clean using new paperwork and a new hull. According to watchdog organizations, spills are common in these unregulated (and often illegal) STS transfers. The naming, ownership structure, flagging and insurance of these shadowy vessels are changeable and difficult to verify.

On July 7, 2023, Arman 114 was engaged in a ship-to-ship oil transfer with an unknown vessel that was displaying the name "S Tinos" - the name of a vessel that had been scrapped five years prior. Arman 114 was also broadcasting a false AIS position in the Red Sea, according to the Indonesian Coast Guard (Baklama).

According to the agency, both VLCCs attempted to flee the scene when they were spotted. The ship claiming to be the scrapped S Tinos escaped, but Arman 114 and her crew were captured and detained by Malaysian authorities when they crossed over into Malaysia's waters. 

Indonesian authorities identified the Arman 114's captain as an Egyptian crewmember, Mahmoud Mohamed Abdelaziz Hatiba, aged 43. An investigation found that oily water samples taken near the scene were linked to Arman 114, and Hatiba was charged with a criminal act of water pollution.

In court, Hatiba denied that he had any supervisory role aboard the tanker, and he claimed that he was merely a security officer, not the captain. However, he was allowed to stay on the ship during the trial because he still had to perform his supervisory duties as the master. Because of his ongoing responsibilities, and because he was deemed cooperative, he was not detained during the proceedings. 

Hatiba disappeared before the scheduled reading of his verdict and sentencing on July 5, delaying the announcement until July 10. The Batam State Court said that "the legal authorities have not succeeded in finding the accused," and planned to sentence Hatiba in absentia if he could not be found and presented at the next hearing on July 10. Prosecutors prepared a warrant for his arrest and the Batam State Court issued a forcible summons to compel him to appear. 

On July 10, Hatiba was convicted in absentia and sentenced to seven years in prison and a $300,000 fine for intentional water pollution. Since he repeatedly failed to appear, the Batam District Court concluded that Hatiba had likely fled. 

"The decision should be a lesson for . . . foreign ships that want to make Indonesia a place to dump waste," said Derajat Ridho Sani, director general of Indonesia's forestry and environmental law enforcement division. 

The Iranian-flagged vessel and the cargo of 167,000 tonnes of crude oil have both been seized, but their original owners are uncertain. Iran's government has denied ownership, and has also requested that the tanker be released.