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Kenan Mete[disputed]

IMO8701935


Abandonment ID: 00472
Nombre del buque:Kenan Mete[disputed]
Bandera:Panamá
No. OMI:8701935
Puerto de abandono:Adabiya, Egypt
Fecha de abandono:Agosto 2019
Fecha de notificación:20 Octubre 2020
Reporting Member Govt. or Org.:Fed. Int. de los Trabajadores del Trasporte (ITF)
No. de marinos:25
Nacionalidades:Türkiye(6); Rusia, Federación de(1); República Arabe Siria(1); India(11); Georgia(1); Ucrania(5)
Circunstancias:P&I: Hanseatic Underwriters

There are repeated problems with the supply of provisions.
There have also been problems with local authorities refusing access of the legal representation to the vessel, and so preventing the crew from exercising their rights.
P&I agreed to pay 4 months wages and the crew agreed to leave with this. ITF is supporting legal action to recover the remaining wages.
Acciones tomadas:Other
ITF is supporting legal action to recover the balances owed.
ITF has attempted to engage with owners/operators/manager.
Port state has been informed.

Flag State informed
Estado de la repatriación:Repatriation pending
Estado del pago:Payment Pending
After P&I payment, crew will be owed between 2 and 11 months salry.
Comentarios y observaciones:Panamá (10 Noviembre 2020)
This administration (Panama Maritime Authority) has been informed of the vessel is moored at Al Adabiyah Port, Egypt since July 2020 due to a legal dispute between the shipowner Blodwen Marina S.A and the crewmembers. The vessel was abandoned by the shipowner.

According to the information, the crew still on board waiting for payment of their salaries, due to the shipowner/Operator never replies to the emails and phone calls. Based on that information, this administration does not have an objection to reducing the crew to the mimimum, during the legal process. The minimum crew will be the following: one Master; one Engineer/Officer; one AB; One oiler.

Turquía (27 Noviembre 2020)
We have been in contact with the master of M/V KENAN METE and with Turkish Embassy in Cairo since September about the problems faced by the ship and her crew. I will try to summarise the situation according to the information we have received;
- owner of the vessel had financial problems and they could not pay salaries of the crew and port charges,
- due to the technical and financial issues, the ship was detained in Adabiya port of Egypt,
- process for the sale of the ship was initiated by Egyptian authorities for the depths, and for the payment of the salaries,
- although, initially planned date for the sale was 7th of October, the sale has not been completed,
- flag State of the vessel (Panama) has issued a new minimum safe manning document (also attached) that requires four seafarers to remain on board and allows the remaining to leave the ship,
- Turkish Embassy, ITF and P&I is ready for helping those seafarers for their repatriation,
- repatriation of those crew, who are not listed in minimum safe manning document, has not been approved by Egyptian authorities yet,
- crew has limited for shore access for months,
- due to the difficulties faced by the crew, many of them are showing signs of serious psychological problems,
- Turkish side has sent six written statements to the Egyptian Authorities about 6 Turkish seafarers, however, we have not received any response.

Fed. Int. de los Trabajadores del Trasporte (ITF) (4 Diciembre 2020)
From ITF Arab World and Iran Network Coordinator
I would just like to mention & clarify that the actual number of the crew on board is actually of 16 seafarers. The total number of arrival was 25, then on 26 of august one seafarer was repatriatd, and then another 08 were repatriated on the 7th of october 2020.

OIT/OMI (8 Diciembre 2020)
In this regard the SCAT would like to emphasize that the port State does have an obligation to ensure that seafarers are able to exercise their right to repatriation. MLC, 2006 Standard A2.5.1 paras 7 and 8 state:
“7.Each Member shall facilitate the repatriation of seafarers serving on ships which call at its ports or pass through its territorial or internal waters, as well as their replacement on board.
8. In particular, a Member shall not refuse the right of repatriation to any seafarer because of the financial circumstances of a shipowner or because of the shipowner’s inability or unwillingness to replace the seafarer.”
This makes it quite clear that the port authorities cannot deny repatriation to the crew in the current circumstances.
If the port State considers that the vessel will be unsafe if it is left unmanned, then they may wish to take steps to ensure that the safety of the vessel is guaranteed. In other abandonment cases, port authorities have arranged local replacement crews (or at least assisted with such) to provide watch duties etc. to allow the abandoned crew to return home. If the flag State has guidance on cold lay-up and any reduction in the safe manning levels due to lay-up, that can also be helpful as it may reduce the number of replacements required.

Egipto (8 Diciembre 2020)
From Ministry of Transport
On basis of the attached ship’s flag state exception, the Egyptian authority for maritime safety (EAMS) is discussing the case with both the ship’s flag state and Adabiya port for sufficiency of crewmember who will be onboard for the vessel safety during the vessel stay at the port.
We will keep you updated with any development once available.

Egipto (14 Diciembre 2020)
From President of Maritime Transport sector
1. Discharging operation of cargo remaining on board will commence on 08.12.2020 and will take 3-4 days.
2. The 12 crewmember will return to their country after completion of cargo operation.
3. After the personnel leave the ship, 6 Egyptian sailors will come on board. These sailors will go to the island anchorage area.

Fed. Int. de los Trabajadores del Trasporte (ITF) (14 Diciembre 2020)
From ITF Arab World and Iran Network Coordinator
Actually the process was going to start last week with the repatriaiton of a first group of 04 with all their tickets ready etc(to be followed with another group of 08), and unfortunately was interrupted as one of the seafarers PCR test was positive. The ship now is under Quarantine as per Covid protocol of the local port authorities, and all will be proceeded as soon as the Quarantine period is over(10-14 days).

India (18 Diciembre 2020)
From Deputy Director General of Shipping
I am directed to refer to your mail dated 28.10.2020 informing that the vessel KENAN METE (lMO No. 8701935, Panama Flag) is reported to have been abandoned at Adabiya, Egypt since August 2019 having on board 25 Seafarers (11 from India; 06 from Turkey; 05 from Ukraine; 0l from Georgia; 0l from Syria and 0l from Russian Federation)
2. The matter was immediately taken up with the concerned Indian Recruitment and Placement of Seafarer (RPS) Service agencies. Initially, as per the e-governance system of this Directorate the vessel had l7 Indian crew members on board. But now the vessel have only 04 Indian Crew on board.
3. It has been intimated by the RPSL agents that the P&l have paid salaries to the crew for the last 4 months. They have further intimated that the P&l Club authorities are taking care of the Food and Provisions for the crew on board. Some of the crew members have reported that the vessel is under administrative detention of the General Authority Administration for the Suez Canal Economic Zone for payment of outstanding dues to the authority estimated to 125,859.63 Dollars.
4. However, it is requested that the factual position in the matter may please be confirmed from the source of the complaint and communicated to this office for taking further necessary action in this regard.

Panamá (23 Diciembre 2020)
From Maritime Labour Affairs Department
We kindly inform you that according to the P&I company which has been in contact with us often, we know that on board remains 12 crewmembers that were scheduled to be repatriated 2 weeks ago, from 25 that interposed the complaint since the beginning.
Last week the Master Vehbi Kara, sent us an email, mentioning that the arrangement of the Plan of Repatriation of the crew got delayed due to the spread of COVID-19 on board M/V Kenan Mete.
It seems that a doctor who practiced the COVID-19 test on the crew before disembarking, reported that only one crew member tested positive and the rest of the seafarers had to remain in quarantine for around 14 days.
Yesterday we wrote to the P&I again and this was the information they replied to us…
This is the following statement from the P&I…
“We are aware that the situation is not good on board. Rest assured that we are doing everything we can to get the crew home but we can not do any more than we are currently doing.”
With the aforementioned statement by the company, we are aware that they have been giving support to the crew during all this time, since the owners have abandoned the ship.
Maritime Labour Affairs department kindly request the P&I to arrange the repatriation of the remaining crew once their quarantine days are over and keep us updated with all concerning the crew.

Otro (30 Diciembre 2020)
From Master
I have been in Egypt's Adabia Port for 190 days. The treatment of me and the seafarers here is against human rights. The return of 13 people on the ship is prevented by the Egyptian authorities.

Panamá (31 Diciembre 2020)
This case was reported by ITF Mohamed Arrachedi due to unpaid wages of the seafarers on board of MV Kenan Mete IMO 8701935 Pan FLag in Adabaiya Port in Egypt, seafarers have not been paid since they have joined the ship at all and ask for their repatriation. From 25 crewmembers that were in this situation, 9 of them remains on board till January 4th to be repatriated. The P&I has been taking care of this matter. Expecting knews from the P&I.

OIT/OMI (5 Enero 2021)
The SCAT duly notes that the Egyptian authorities are currently proceeding with eight crew members to be repatriated. However, there will also be five crew members still remaining on board the vessel.
This last information corresponds with a message, containing three attachments, as here below that the SCAT received on 1 January from Mr. Sougata Kumar Pal from India serving already more than 12 months on board the ‘KENAN METE’ (IMO 8701935), flag: Panama, and who already previously on 25 November 2020 urgently requested the SCAT to be repatriated on compassionate grounds.
The SCAT duly notes the information that Mr. Sougata Kumar Pal provided that the Egyptian agent and Authority is not allowing the remaining seafarers on board to go back home even if they are telling that they are forcing him and the other 3 crews including the master to stay on board.
Therefore, the SCAT reiterates its message of last Thursday 31 December 2020 that the port State does have an obligation to ensure that seafarers are able to exercise their right to repatriation. MLC, 2006 Standard A2.5.1 paras 7 and 8 state:
“7. Each Member shall facilitate the repatriation of seafarers serving on ships which call at its ports or pass through its territorial or internal waters, as well as their replacement on board.
8. In particular, a Member shall not refuse the right of repatriation to any seafarer because of the financial circumstances of a shipowner or because of the shipowner’s inability or unwillingness to replace the seafarer.”
In this context the SCAT recalls that Rear-Admiral Reda Ahmed Ismail had stated in a letter dated 12 December 2020 (herewith attached) that after the repatriation of all remaining crew of the ‘KENAN METE’, 6 Egyptian seafarers would come on board to go to the island anchorage area.
The SCAT would also most urgently draw the intention again to the recent request of the master of the ‘KENAN METE’ to assist him and the 4 seafarers who are still remaining on board the ship with their imminent repatriation.

OIT/OMI (13 Enero 2021)
The SCAT duly notes the information provided that there are four crew members still remaining on board the vessel, that there is still no information from either the agent nor the port or any other authority regarding their repatriation, and that these 4 crew are all left alone in this vessel.
The SCAT recalls that Rear-Admiral Reda Ahmed Ismail had stated in a letter dated 12 December 2020 (herewith attached) that after the repatriation of all remaining crew of the ‘KENAN METE’, 6 Egyptian seafarers would come on board to go to the island anchorage area.

Fed. Int. de los Trabajadores del Trasporte (ITF) (18 Enero 2021)
From ITF Arab World and Iran Network Coordinator
We would like to emphatise that the MV Kenan mete is not in navgation. The ship is detained legally and pending to be sold in auction. The ship in such a situation is clearely going no where in such circumstances. Besides, the SMC (Safe manning certificates) operates and refers to a situation of navigatiuon that is clearely not the case here.
The ITF is calling again to the Egyptian maritime authorities, to the port authortity of Adabiya port and to the Suez Canal economic zone to please assist and allow the crew to be repatriated. We ask the panama flag state as well, to step forward and to assist in pro a solution to the situation of chronicle abandonement of the 4 crew on board.

Otro (19 Enero 2021)
From local P&I agent (MESCO)

ADDRESSING EMBASSY OF TURKEY, RUSSIA, INDIA & UKRAINE.

Dear Sirs,
Kindly be guided accordingly that FLAG OF PANAMA, has no objection to dismiss the 4 crewmembers on board, considering the legal obligation opposed on the legal guardian, as per the attached letter received from the Flag. Trust the Egyptian Authorities may comply with the said letter in accordance with the legal obligations.

Panamá (19 Enero 2021)
From Panama Maritime Authority
This administration has been informed of the vessel is moored at Al Adabiyah Port, Egypt since July 2020 due to a legal dispute between the shipowner and the crewmembers. The vessel was abandoned by the shipowner.
According to the information, the crewmembers (4) overpass the time to onboard according to MLC requirements.
Based on that information, this administration does not have an objection to reducing without crew, during the legal process. The vessel is not operating and sailing.
We hope that the port authorities allow the repatriation of all crew due to humanitarian reasons.

Egipto (25 Enero 2021)
From Adabiya Port-General Manager
THE AFOREMENTIONED SHIP OWES THE AUTHORITY MARINE DEBTS IMPOSED BY LAW NO. 24 OF 1983 AND THE RELEVANT MINISTERIAL DECREES AMOUNTING TO 528,467.71 US DOLLARS AS OF 25/01/2021. ADMINISTRATIVE SEIZURE HAS BEEN IMPOSED ON THE SHIP IN RETURN FOR THIS DEBT, AND ACTIVE MEASURES ARE BEING TAKEN TO SELL IT FORCIBLY BY PUBLIC AUCTION,
IN ADDITION ; SEVERAL JUDICIAL SEIZURES WERE SIGNED IN FAVOR OF THE SAILORS AND THE SHIPPING AGENCY.
PLEASE BE NOTED AND INFORM THE SHIP`S OWNER.
ON THE OTHER HAND AND Reference to LAST letter dated 19/1/2021 from the Panama Flag (the Adminstration)regarding that it does not have an objection to reducing crew member onboard the ship to be without CREW, during the legal process since the ship is not operating / Sailing.
WE ENSURE THE FOLLOWING :
1 - The ADABIYA Port Authority has no objection to follow the A/M flag recommendation for the crew members onboard(3 only) except the Master ,since he is nominated by the court to be the Judicial guard.
2 – In order to repatriate and release the Master, please hold your responsibilities as an agent of the ship and arrange assigning another Master whom will hold all the responsibilities as a Master and as Judicial guard for the ship.
3 – Note that the substitution of the Judicial guard has to be made in the court through the legal department of the Authority.

Fed. Int. de los Trabajadores del Trasporte (ITF) (28 Enero 2021)
The case is now in the Egyptian court. 4 crew are still to be repatriated.

Egipto (11 Febrero 2021)
Referring to the position of the captain of the ship "Kenan Mete" and his state of health and in light of what has been coordinated with the Turkish Embassy, we inform you of the following:
The General Economic Authority of the Suez Canal has approved your request to land mr. the ship's captain to stay on land during the period of fulfilling his responsibilities towards the ship after signing the attached declarations.

Panamá (12 Febrero 2021)
From Panama Maritime Authority (1)
In regards with the incident of abandonment of seafarers duly reported against the vessel “M/V KENAN METE”, with IMO No. 8701935, we would like to mention that since the very beginning once the Maritime Labour Affairs Department received the labour complaint against the vessel, the Panama Maritime Authority (as Flag State) has taken the following actions:
- We sent an email to the parties involved (Owners/Operators/Local Legal representatives).
- We verified if the above mentioned vessel had a valid financial security, in accordance with the Standard A.2.5 of the Maritime Labour Convention, 2006, as amended.
- We immediately proceed with the activation of the financial security on July 27, 2020.
- Days after, Mr. Patrick Bond - Representative from the P&I, sent us the information of the first group of crewmembers (12 crewmembers) that were duly repatriated home.
- The remaining crew, including the Captain Vehbi Kara – Master of the vessel, contacted our office requesting assistance and claiming for their repatriation.
- Due to problems with the Local Authorities of Egypt, the repatriations got delayed according to the information received from the parties involved.
- One of our abroad offices - SEGUMAR ISTANBUL (PMA) had help us follow up this labour complaint, and they issued a new Minimum Safe Manning Certificate (MSM Certificate) stipulating that the vessel requires only four (4) crewmembers on board.
- By the mid of January 2021, SEGUMAR ISTANBUL decided to change the MSM Certificate, and allowed the disembarkation of all the remaining crewmembers, due to the fact that the four (4) remaining crewmembers overpass the time on board, according to MLC requirements.
- On January 25, 2021, the Maritime Labour Affairs Department wrote once again to Captain Vehbi Kara – Master of the vessel, and to Mr. Patrick Bond – Representative of the P&I Club, requesting an update of the remaining crewmembers that were arrange to be repatriated the last weekend of January 2021.
- On January 30, 2021, we received information that 2 of 4 crewmembers were repatriated.
- Currently, the only crewmember on board is the Captain Vehbi Kara – Master of the vessel.
- Through the Note No. ADM-DGGM-ALM-0143-2021 of February

Otro (12 Febrero 2021)
From Panama Maritime Authority (2)
In addition with the above, we would like to mention that Captain Vehbi Kara has send several email in regard with his current condition on board, and through an Email dated February 11, 2021, he indicated the following:
“Dear Sirs.
Emergency Generator has failed since 10.02.2021. Currently there is no electricity on board even to charge my phones. Therefore, this may be the last message I wrote.
I hope that I will get the necessary permission to be sent to the hotel today. However, if this job is not possible, I will leave the ship at 1500, as I stated in my message below. First I'll try to charge my phones. If the port officers let me of course.”
Finally, the delay in resolving this abandonment case goes beyond our jurisdiction as the restrictions and/or delays imposed by the Local Authorities in Egypt are affecting directly the human rights of the Captain Vehbi Kara. Capt. Kara requested to be repatriated as soon as possible, taking in consideration that he was abandoned by the Owners and/or Operators of the vessel “KENAN METE”, the current conditions on board, and that this situation shall be considered against the Standard A2.5 - Repatriation which establishes the following:
“Standard A2.5 – Repatriation

8. In particular, a Member shall not refuse the right of repatriation to any seafarer because of the financial circumstances of a ship-owner or because of the ship owner’s inability or unwillingness to replace a seafarer. …”
We kindly request, that our comments be included in the IMO-ILO Database, and that the comment “Actions not taken from the Flag State” be changed as they are not exact nor accurate.

Fed. Int. de los Trabajadores del Trasporte (ITF) (13 Febrero 2021)
From ITF Arab World and Iran Network Coordinator
After the initial aceptation from the Port to disembark the Capt, and after all the formalities have been done (hotel booked, and confirmed and the required PCR, done yesterday and today result came and negative), all was ready to transfer him today to the hotel. Unfortunately, we are surprised to know as you can see from the Agent email below, just received a while ago, that Port Adabiya Inmigration has now refused and requires 2 Security members for the ship.
Of course, this is totally different of what has been instructed, and put us again in starting point, to start from zero. We are now very worried to the captain, as this will really makes much more psychological pressure him, after the hope resulting from the acceptation of disembarkation. We are again in point zero unfortunately, and as said, with very big worry on the captain mental and pscychological state from now.

Turquía (13 Febrero 2021)
From Embassy of the Turkish Republic in Cairo
We feel all the regret about the disapproval of the landing of the captain of the ship Keenan Meta Mr. Wehbe Kara Ali where the conditions of the Egyptian security establishment that there must be a ground guard for the ship while the captain is in the hotel, so we demand an immediate solution to this problem as the captain's poor health and the impossible living conditions on board the ship threaten the life of the captain and this is contrary to human values and human rights.

Organisación Marítima Internacional (14 Febrero 2021)
Since last Wednesday IMO is trying to set up a meeting with His Excellency Mr. Tarek Ahmed Adel, Ambassador Extraordinary and Plenipotentiary and Permanent Representative of Egypt to IMO. Despite many friendly reminders and phone calls they are clearly not responding. We will try again tomorrow morning but meanwhile higher up action may be needed

Egipto (14 Febrero 2021)
From Adabiya Port-General Manager
Re the captain health and the ships condition and the liabilities on the P&I club, we had appointed a port staff (on top of their Duty) to take the responsibility of a lookout and monitor of the ship seaworthiness status during the non-existence of the master.
A message to the Captain and the Agent;Please ensure safe and sufficient ropes on piers and shutoff all equipment’s (blackout) and secure all access spaces other than the gangway. We wish Capt. Vehbi a good stay in the hotel.

We inform you that at exactly 17:40 today, February 14, the captain of the ship disembarked on board the ship,

Turquía (14 Febrero 2021)
From Embassy of the Turkish Republic in Cairo
In the current situation of the ship Kenan Mete, we would like to note that the generators of the whole ship have not been operational for 11 days and that the captain remains without edible food, clean water or warm. Therefore, we call on the concerned authorities to take swift action to evacuate Captain Wahbi Kara from the ship as the captain's health is deteriorating and on the other hand we ask the authorities responsible to decide on the request for the presence of land guards for the ship as there is a conflict in the statements in this regard with the obligation of the responsible authority to pay the expenses of the guards if any or make an appropriate decision to speed the evacuation of the captain. In the event of any damage to the ship's captain, we hold the concerned authorities fully responsible for this matter.

Organisación Marítima Internacional (24 Febrero 2021)
The master of the Kenan Meete is asking the Egyptian authorities how long he should remain in his situation. However, they continue to keep him in the same situation unless there is a substitution of the ship`s legal guard or the ship has been sold.

Fed. Int. de los Trabajadores del Trasporte (ITF) (5 Marzo 2021)
All 25 crew have disembarked with 24 being repatriated. The Captain has left the vessel but has not been repatriated
The Egyptian authorities are refusing his repatriation as he was appointed "Legal Guard "of the vessel by the courts. No steps have been taken to secure a reliever to allow his repatriation. The ITF has requested the authorities on a number of occasions to effect a solution that will allow the Captain to go home. Captain is currently in a hotel.
All crew received 4 months salaries from the P&I club.
The case is now in the courts to claim the outstanding wages following the legal assistance offered by the ITF.

Egipto (7 Marzo 2021)
From Adabiya Port -General Manager
The auction's date of selling the MV Kenan Mete will be on 23rd of March 2021 (12:00PM).

Fed. Int. de los Trabajadores del Trasporte (ITF) (16 Marzo 2021)
ITF and ICS request formally that the ILO intervene in the abandonment cases of the Kenan Mete.

Egipto (24 Marzo 2021)
From Adabiya Port-General Manager
Reference to our mail dated 7th March regarding the auction's of selling the MV/Kenan Mete on 23rd of March 2021 (12:00PM).
Please be noted that vessel was not sold yesterday, further procedures will be taken by SCZONE AUTHORITY in the very near future for another auction.

Egipto (20 Abril 2021)
From Adabiya Port-General Manager
Another auction for selling the vessel will be dated on 28th of April 2021.

Fed. Int. de los Trabajadores del Trasporte (ITF) (1 Junio 2021)
From ITF Arab World and Iran Network Coordinator
Following with our bellow emails referring to the process we started vis a vis the egyptian competent court, seeking its Authorising Decision to permit the repatriation of the captain, we are pleased to let you know that all has been submitted and the court made a favorable verdict and Authorizes the captain repatriation. We have the decision of the court in hand and now we are waiting for this to be notified in the few next days to the port and maritime authorities.
Our ITF Contact in Egypt and our Egyptian Officers union have been actively working on this, and it is our egyptian union affiliate who has found a reliever to take the place of the captain, so that this latter can fly home. All with close collaboration with the P&I to make this arrangement possible.
Now waiting for the notification by the court secretary be notified to the Port authroities to complete the rest of the process in collaboration and coordination with the P&I.

Egipto (2 Junio 2021)
From Suez canal economic zone
THE AUCTION`S NEW DATE OF SELLING THE MV/ KENAN METE WILL BE HELD ON JUNE WEDNESDAY 2ND 2021 (12:00PM) .

Fed. Int. de los Trabajadores del Trasporte (ITF) (17 Junio 2021)
From ITF Arab World and Iran Network Coordinator
The ITF is as well very pleased to see the repatriation of the captain achieved at the end and after long months of delay, the captain was allowed to be repatriated home. Still, it is precise and important to state that he was repatriated only after a reliever was found and placed, and only after a court verdict, impulsed by the ITF.

Panamá (21 Junio 2021)
From Panama Maritime Authority
We would like to inform you that the Master from mentioned vessel has been repatriated on June 17, 2021. We would like to make you know that all the crew that were on board since they filed this complain, have been repatriated. The only thing missing is their outstanding wages.

Panamá (14 Julio 2021)
From Panama Maritime Authority
According through email dated June 17, 2021, Master arrived Cairo Airport to get his flight as scheduled. Turkish Embassy will take care about Master until he catch his flight.

Fed. Int. de los Trabajadores del Trasporte (ITF) (10 Febrero 2022)
All crew have been repatriated. The ITF have offered legal assistance to the seafarers. Court case is still pending.

Fed. Int. de los Trabajadores del Trasporte (ITF) (7 Marzo 2023)
The case remains with the court. The crew remain unpaid, but the Port have received their dues

 
Entered: Martes - 22 Junio 2021 15:03:21
Última actualización: Martes - 7 Marzo 2023 11:45:16
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En colaboración con la Organización Marítima Internacional