Somali Pirate Cries In Court, Will Be Tried As An Adult

Photograph of Abduwali Abdukhadir Muse by Louis Lanzano/AP; sketch of Muse by Elizabeth Williams/AP

Yesterday, a judge determined that the lone surviving Somali pirate could be charged as adult. Abduwali Abdukhadir Muse, who, along with three other pirates, held a U.S. container ship captain hostage, was charged with piracy under the law of nations, conspiracy to seize a ship by force, conspiracy to commit hostage-taking and use of firearms in those acts, according to the NY Times. Prosecutors say that Muse, in spite of his small 5'2" frame, was the ringleader who "was the first to board the ship" plus "he fired a shot at the captain, he helped steal $30,000 in cash from a safe, and he bragged about hijacking ships in the past," the AP reports.

Muse's age was the main point of contention during yesterday's hearing. While prosecutors said Muse eventually admitted to be 18, his family claimed he was younger. His mother told the AP he was 16 while his father, according to federal magistrate judge Andrew J. Peck, claimed Muse was 15. The Times reports that Peck described Muse's father's testimony by phone: Abdiqadir Muse said his son "was born on Nov. 20, 1993. But when the father was asked about the birth dates of his other children, he gave no precise dates, only vague and inconsistent answers, which seemed 'somewhat peculiar to the court, to put it mildly,' the judge said." Peck did not find the father's testimony "credible."

Muse cried in court when there was mention of contacting his family. The Post also noted that when Muse was asked if he understood he was receiving court-appointed lawyers, Muse said, "I understand. I don't have any money." His lawyers said they would still investigate the issue of his age; attorney Deirdre von Dornum said, "As you can tell, he's extremely young, injured and terrified," pointing out that he had never seen a camera before in his life before in Somalia.

Civil rights lawyer Ron Kuby raised questions about the prosecution, "I think in this particular case, there’s a grave question as to whether America was in violation of principles of truce in warfare on the high seas. ‘This man seemed to come onto the Bainbridge under a flag of truce to negotiate. He was then captured. There is a question whether he is lawfully in American custody and serious questions as to whether he can be prosecuted because of his age." And Muse's father spoke bitterly to the Times, "To save that one American they killed three Somalis. Well, the American life seems to be more valuable than the Somalis’."

Time.com's Tony Karon is skeptical about having the trial here: "Even if the young Somali broke the law and kidnapped Americans, putting him on trial in New York will do nothing to stamp out the piracy that is plaguing the Somali coastline. If anything, it will turn Muse into a martyr, prompting an escalation of violence on the high seas by his peers, who will rally more Somalis to their cause (which is already pretty popular in the long-suffering nation), and jeopardize U.S. national-security interests in East Africa."

Contact the author of this article or email tips@gothamist.com with further questions, comments or tips.

By Jen Chung in News on April 22, 2009 8:40 AM

Comments [rss]

leftylib

Stop the Toxic Dumping off of Somalia and the Exploitation of Its People: http://www.youtube.com/watch?v=0X2yChphxkk

marcasm

Someone get this guy an eye patch and a parrot ... help him grow some pirate balls.

REAL PIRATES DON'T CRY !!!!!

jt10000

"Wow! He's never seen a camera before? Who gives a shit?"

I'm not sure how that relates to the treatment he should or will receive, but it's important to us in understanding how profoundly messed up a lot of Somalia is. And that understanding is essential to developing policies and actions that will reduce piracy in the future.

Amanda Harletsch

and this has nothing to do with overpopulation and ignorance across all countries on this planet.

ides_of_march

Ron Kuby should be deported to Somalia.

starrygordon

Having the trial here will facilitate book deals for everyone, including the Somali. A lucky fellow, since now that piracy has come to the attention of the really hard guys, most of his colleagues are going to be summarily popped off to become fish food.

marcasm

Apparently that's true, unless they are caught by the Dutch.

marcasm

Apparently that's true, unless they are caught by the Dutch.

TimSPC

IANAL, but it's my understanding that under international law, anyone caught in the act of piracy may be brought back to - and tried - by the nation whose vessel was pirated.

Matey.

Huffy6241

"To save that one American they killed three Somalis. Well, the American life seems to be more valuable than the Somalis"

What you seem to conveniently forget to take into consideration here is that those 3 Somalis had AK-47's and rocket launchers, hijacked a ship and kidnapped it's captain by violent force, who quite possibly could have been killed.

Stock price on Somali life falls dramatically when the lives in question kidnap and threaten to kill someone for money...

mdow

It's really, really hard to post a response to this that doesn't quickly turn into absolute facetiousness. So, what Politburo said at [7], and then what everyone else said (especially the strong words of wisdom "don't bring a gun to a SEAL fight"), and then: fuck him, and his family, and his fucking smiles for the cameras, and his fucking tears, and his lawyer. I wish sending him to Riker's until the trial is over, letting them convert him into a blow-up-burn-victim-torso sex doll, was an option here.

Felix Hoenikker

He could have conveniently 'slipped' from the deck of the destroyer, or use the 'it's coming right for us' technique. Now we have this shit to deal with and pay for.

What a waste.

Jack D. Ripper

Crying! Pirates don't cry.

There's no crying in piracy!

Not guilty.

moonshine99

I appreciate everyone's empathy on this site... It's easy to see how you all can relate to people in other countries... as you sit in front of your computers, writing comments on blogs...

Spirit of 76

There's a simple phrase that applies to this. "Don't do the crime if you can't do the time." It doesn't matter what country he's from. If it was an American on trial for piracy with ample evidence of his guilt, almost all of us here would be pulling for his conviction and punishment. So give the pseudo-liberal angst a rest.

contro

I do see your logic and you guys need to see that we have it good here they have it hard there, So..they can't earn money the same way we earn money by going to work in a nice office building etc, but I do support him being tried and charged but not at the expense of my tax dollars, the NAVY seals missed and now you and me have to pay for there mistake.

Dirk

The SEALs didn't miss. The guy that was captured was allowed to leave the lifeboat for medical attention (he was stabbed in the hand by one of the boat crew members during the initial hijacking). Once he left the boat, the other three pirates got sloppy and exposed themselves, so the SEALs took three shots and took all three out.

contro

So your saying he went back to the boat?

Brooklynbobby

Really, moonshine!!! I assume you named yourself after what you drink too much of!!!

mdow

empathy doesn't solve this one, asshole.

i have empathy for the captain (you know, the one who *didn't* have the AK).

moonshine99

Sorry, but you guys sound like the jerks on this... Why are you so full of hate towards someone you don't know when you weren't personally affected? Where is this coming from? Let's let go of all this harsh judgement and anger. I'm not making excuses for hostage taking, but there is no need to create more anger around this situation.

Rocknrope

Empathy for a pirate who illegally boarded a private commercial vessel with automatic weapons, took an American citizen hostage, and is now going to be tried in a court of law rather than summarily executed as would happen in other countries?

Are you the mom?

Wza

I'd be smiling too if I were him. Going from nothing to something. Getting meals in jail, cable, etc..

Snoopy

Like they have real birth certificates in Somali. Clay tablets or notches or their door frames maybe, but real birth certificates? I doubt it.

If he's 15 and 5'2", he's tall for his age for a Somalian.

Politburo

Kuby appears to be confused. This guy was not acting as a member of the armed forces of a sovereign nation. As such, the protections he is talking about simply do not apply.

Even if we accept Kuby's assertion as true, negotiation must be in good faith. That was violated by the other 3 pirates.

Plus, it's more like a guideline...

Rocknrope

Wow, Kuby is a real a-hole.

Snoopy

Give the kid a break. He's young and he's got a boo boo on his hand and he needs his mommy. Take him back by boat and drop him off in the mid Atlantic so he can swim back to his mommy. Just say he slipped.

SC

"To save that one American they killed three Somalis. Well, the American life seems to be more valuable than the Somalis’."

Well, as I recall it, those Somalis were the ones who showed up with guns first... don't bring a gun to a SEAL-fight.

GREGORYABUTLER

Actually, they were shot while trying to surrender

And that, my friend, is called cowardice

But, contrary to the hype, S.E.A.L.S are known for that - that branch of the Navy was notorious for murdering unarmed fishermen and farmers during the Vietnam War, but they always wussed out when facing Viet Cong with guns!

I see things haven't changed.

Oh, and BTW, shooting people who are trying to surrender is a WAR CRIME

Dirk

Whatever. The guy committed a crime. He got caught and should go on trial. Simple as that.

And so what if three pirates were killed by SEALs. That's what they get for taking a hostage and not negotiating.

SC

Not sure why you're responding to my comment... I completely agree. I was mocking the plea for sympathy made on behalf of a violent criminal who was lucky enough to get caught, instead of killed like he deserved.

GOP

I've never seen an AK pointed at my head before.

jgonzz

Wow! He's never seen a camera before? Who gives a shit?

And I'm sure he's never been in a dentist's office, flown on a jet aircraft or enjoyed a bourbon with thick chunks of clear ice, just like his court appointed atty Phil Hartman's Unfrozen Caveman Lawyer...