Within the limits of applicable law, Polish citizens can be granted extensive consular assistance which aims to protect their rights. Since the beginning of the case, the Polish consul in Mexico has been following and taking part in the ongoing proceedings. The consul helped the sailors (then three, and currently the arrested captain) with respect to the difficult conditions in the penitentiary facility in Ciudad Victoria. The provided assistance was particularly important in the first month, that is until the arrival of a representative of the Intership Navigation, a company employing the sailors. Furthermore, the Polish consul has been taking steps to provide adequate medical care to the captain and to guarantee the highest possible level of his safety.

It should be noted that since the beginning of the case, Polish embassy in Mexico has remained in contact with the representatives of the UBC Savannah’s owner, Intership Navigation, and the local law firm hired by the company in order to exchange information relating to actions taken in the case, the assessment of the legal situation of the Polish nationals and the defence strategy analysis.

The Polish diplomatic and consular service took a number of further steps, which included issuing protest notes in Mexico and in Warsaw expressing its objection to the fact that the diplomatic representation was not officially informed of the arrest on 29 July 2019 of three Polish sailors and to the violation of their rights. As a result of actions taken by the Polish mission in Mexico, the ship’s captain was hospitalised, underwent medical examination and received prescribed medication. The Polish service also held several meetings, including one with Mexico’s deputy General Prosecutor, the management of Intership Navigation in Limassol, representing the owner of MS UBC Savannah, the ambassadors of Cyprus and the Philippines to Mexico, and the attorney hired by the ship’s owners who is overseeing the case. These actions prove that Poland’s diplomatic and consular service is actively involved in the case.

Owing to the assistance provided by the Polish consul and the fast-tracked formalities at the Mexican immigration authorities, two released sailors have already returned to Poland. However, the leading defence attorney confirmed that the captain cannot be released on bail nor be granted a letter of safe conduct.

Taking into account the circumstances of the case, as well as on humanitarian (the captain’s health) and safety grounds, on 17 September 2019 the Polish Ministry of Foreign Affairs submitted a request with the Polish Ministry of Justice to consider the possibility of requesting Mexican authorities to transfer the criminal proceedings relating to the ship’s captain to Poland.

In line with its competence and in compliance with the local law, the Polish diplomatic and consular service will continue to provide assistance to the ship’s captain. Polish citizens in respect to whom proceedings are conducted before courts in the receiving state can only be represented by specialist local lawyers. Providing adequate legal assistance is of key importance to the proceedings and strengthens the position of a Polish party in the proceedings.

Taking into consideration the requests put forward by the family of the Polish captain remaining in custody in Mexico, the Polish Ministry of Foreign Affairs endeavours to ensure that the captain’s rights are respected and that all actions are taken in compliance with applicable laws.

MFA Press Office