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Spanish fishing company responds to Mozambiques press release, regarding the charge of IUU activities of the Txori Argi
Following the publication of Mozambique’s Ministry of Fisheries press release regarding the charge of IUU activity against the Txori Argi; and the unpaid bank guarantee from the Spanish Bank BBVA, the Spanish Purse Seine Association (ANABAC), have written a press release detailing their position on the events discussed in the article. Read the full press release below. The following statement has been provided to SIF (a working group of the Partnership for African Fisheries (PAF) of the NEPAD Planning and Coordination Agency (NPCA)) by ANABAC, and has been published in its entireity as it was sent to SIF on the 27 September 2012.
PRESS RELEASE ON TXORI ARGI CASE
Further to the article entitled "Txori Argi bank guarantee not honoured" published at www.stopillegalfishing.com we must say that the information given in it is not accurate.
The Spanish Bank BBVA, trough the empowered person, have stated that they have never received any request to encash the guarantee.
As per the Mozambican Constitution, citizens have the right to resort to Courts when their rights and interest are violated and can challenge the acts that go against the Constitution and the Law; so has done TXORI ARGI’s owner by making use of all the legal tools- both administrative and judicial appeals- that the legislation admits and by producing numerous arguments to consider the decision taken against the vessel, illegal, irregular, disproportionate, unfair and null and void.
In accordance with the law of Mozambique, once the appeal is lodged before the Administrative Tribunal, decisions lack firmness and the procedure shall be open until the appeal is not resolved. Setting aside the formal mistakes that the Ministry of fisheries of Mozambique might be making to request the execution of the guarantee from BBVA, the execution will therefore only be possible when the started proceedings are over in virtue of a final and unappealable judicial ruling.
Since the proceedings are not over yet, we are astonished at Mozambique’s rush to send his request to IOTC for the vessel to be included in the Draft IUU list.
The TXORI ARGI case is currently sub judice and Mozambican administrative and judicial procedures are binding in relation to allegedly IUU fishing cases. Thus, the request to list the vessel does not meet the requirements set in the procedures and resolutions adopted by IOTC and FAO and this arbitrary and irregular act has also been appealed to the competent Mozambican courts.
Furthermore, a public document forging incident- apparently committed by officials at the Ministry of Fisheries of Mozambique- was filed in the Administrative Court of Maputo on 1st August 2012. Without Prejudicing possible criminal implications, the incident discloses the arbitrariness of the proceedings one more time and makes them null and void.
INPESCA and ANABAC have always been committed to responsible fisheries, as we have proved by cooperating in various projects dealing with fisheries sustainability where the TXORI ARGI has participated. For this reason and because the case is still sub judice, we demand the recognition of the elementary presumption of innocence that the rule of law grants.