First Minister John Swinney has stated that the Scottish Government was not informed about the removal of two crew members from the Russian-flagged vessel Bella-1 (also known as the Marinera) until after the United States had carried out the action. The vessel was seen in Scottish waters on 7 January, accompanied by a US Coast Guard vessel, after being captured in the North Atlantic.
Speaking in the Scottish Parliament on Wednesday, Swinney affirmed the government's support for enforcing international sanctions, particularly against Russia for its invasion of Ukraine. 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.” However, he noted that US authorities initially approached the Crown Office for mutual legal assistance on 16 January, but withdrew the request on 26 January.
Swinney explained that the Bella-1 had a crew of 28 individuals of various nationalities, and two were arrested by the US government as part of the initial action. He emphasised that while the vessel was in Scottish waters, neither UK nor Scottish authorities were in control of it, and they had no legal basis to board it. “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,” he said.
The Court of Session in Edinburgh imposed an order on Monday, banning UK and Scottish authorities from removing the crew from Scottish jurisdiction, following a request from the captain's wife, Natia Dzadzamia. On Tuesday morning, the US Department of Justice informed Scottish authorities that the captain and another crew member were aboard the US Coast Guard vessel Munro.
Swinney stressed that Scottish ministers and the Lord Advocate have never detained any crew members or had them under their control. He added that while assistance was offered by Scottish authorities, including police and local councils, no individual was arrested or detained by any Scottish authority. The Scottish Government is a respondent to a live judicial review, but Swinney clarified that they were informed of the removal after it had occurred, not before.
