Australia's doorstep: imprisoned citizens request"return us to shore in AU, remove urself fr our waters"; Taiji: Dutchman jailed

Is it "kidnapping" if they are taken away instead of sent back to Australia as AU citizens have requested - "return us to shore in Australia and then remove yourself from our waters"? - Traveling fr one side of globe to the other, armed"Gov. of Japan" ship detains 3 AU citizens while Taiji detains 5 CoveGuardians - Jan. 7, 2012: 14 miles off Australian coast (at the doorstep of their own homeland, of their own country's territory, within the Australian EEZ waters), three Australian citizens from Forest Rescue - Geoffrey Owen Tuxworth (47) of Perth, Simon Peterffy (44) of Bunbury, and Glen Pendlebury (27) of Fremantle - are now detained as prisoners on an armed Japanese ship "Government of Japan" with military personnel in Australian territorial waters. Per Forest Rescue statement - Simon Peterffy said: “We are onboard this ship because our government has failed to uphold its pre-election promise to end whaling in the Southern Ocean”, which sounds quite contrary to what the Chilean government is determined to do (though both Australia and Chile have declared sanctuaries, where whaling is prohibited) -
“Southern Right Whale Project/Chile” is a project that has been conducted since 2003 with the official support of the Chilean Navy and the cooperation of leading right whale conservation organizations from Argentina, Brazil and Uruguay. In 2008 the southeast Pacific population of this species was classified as critically endangered by the International Union for the Conservation of Nature (IUCN) and the Chilean Navy granted maximum level of protection to the species. “National Marine Mammal Sighting Network”, it has work effectively thanks to the support and cooperation of the Chilean Navy and more than 500 members that actively participate in recording of cetacean sightings and stranding events along the Chilean coast.
February 16, 2011: "As whaling vessels move closer to the Chilean EEZ, members of the Chilean government and public are growing increasingly upset. Captain of the Bob Barker Alex Cornelissen, and Sea Shepherd’s Director of Legal Affairs Kim McCoy, are in direct communication with officers of the Chilean maritime authorities, and Sea Shepherd has provided photographic evidence of the Nisshin Maru’s current position and continues to provide regular updates to Chilean officials. All involved wait to see where the Nisshin Maru will go next, and what action the Chilean government will undertake if the Nisshin Maru dares to enter the Chilean EEZ. By all accounts thus far, the government of Chile seems determined to enforce applicable conservation laws, and Sea Shepherd is honored to assist the Chilean authorities and will continue to work closely with governments like Chile to defend, conserve, and protect marine wildlife.
Importantly, Chile is not the only South American country to take a strong stand against illegal whaling. This past Monday, many member nations of the International Whaling Commission urged Japan to stop its so-called scientific whaling in Antarctic waters and to respect sanctuaries for the species. Among them were Argentina, Brazil, Chile, Costa Rica, Ecuador, Mexico, Panama, Peru, and Uruguay, all of which are also members of the anti-whaling Group of Buenos Aires (GBA). GBA nations stand united and reaffirm their commitment to whale conservation, maintaining a moratorium on whaling-related trade, and respecting the integrity of internationally recognized whale sanctuaries. Sea Shepherd is proud of these countries, and very proud to have established the basis of cooperative conservation work with the Chilean authorities. Sea Shepherd now calls upon the governments of Australia and New Zealand to take note of this precedent set by Chile—and to demonstrate the same willingness to enforce conservation laws in their own waters."
Oyakawa is one of the first two Japanese to fully identify themselves as crew members of Sea Shepherd "Conservation Society's vessels, which next month will try to block Japan's whale hunt. She is motivated by the belief that the human population has grown so large that people must stop eating wild animals to minimize the disruption to ecosystems. 'I realize meat-eating people do not plan to stop eating meat. But we should at least live a humble life and (not plunder) the Earth'..."

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Jan. 7, 2012: three Australian citizens, Geoffrey Owen Tuxworth (47) of Perth, Simon Peterffy (44) of Bunbury, and Glen Pendlebury (27) of Fremantle, all from Forest Rescue, are now detained as prisoners on an armed Japanese ship "Government of Japan" with military personnel in Australian waters
Early this morning, Jan. 7, 2012, the Sea Shepherd Conservation Society assisted Forest Rescue Australia in a complex and daring move to board the Shonan Maru No. 2 in waters off Bunbury, Western Australia.

Geoffrey Owen Tuxworth (47) of Perth, Simon Peterffy (44) of Bunbury and Glen Pendlebury (27) of Fremantle, all from Forest Rescue came by boat from shore to intercept the Japanese vessel the Shonan Maru #2 which was tailing the Sea Shepherd ship the Steve Irwin 14 miles off the coast and 22 miles Northwest of Bunbury, Western Australia. The Shonan Maru's position when boarded was 32 degrees, zero minutes south and 115 degrees, 21 minutes east. They were met by two small boats from the Steve Irwin. The boats approached the Shonan Maru under the cover of darkness and the three negotiated their way past the razor wire and spikes and over the rails to sucessfuly board the Japanese whaling vessel.

They came with a message. “Return us to shore in Australia and then remove yourself from our waters.”

At the present time, three Australian citizens are being held as prisoners onboard the Japanese vessel the Shonan Maru #2. They are being held in the twenty-four mile contiguous zone of Australia by an invading Japanese vessel containing armed Japanese military personnel.

Statement from Forest Rescue

We have come from the forests of Australia to defend the whales being slaughtered in Australian territorial waters.

We are Australian citizens and we have boarded the Japanese flagged Shonan Maru #2 in Australian territorial waters at a position of (32 degrees zero minutes south and 115 degrees 21 minutes east) We have taken this action of boarding the Shonan Maru #2 to protest the fact that this vessel is part of a whaling fleet that is operating in contempt of the Australian Court and is in Australian waters in defiance of the Australian Federal court ruling and the will of the Australian people.

“We are onboard this ship because our government has failed to uphold its pre-election promise to end whaling in the Southern Ocean.” Said Simon Peterffy.

Forest Rescue has decided to take action to prevent the Shonan Maru #2 from tailing the Steve Irwin back to the Southern Ocean Whale Sanctuary.

Forest Rescue is making a stand to assist Sea Shepherd Conservation Society in their campaign to end illegal whale poaching in the Southern Ocean Whale Sanctuary.

We are taking this action to remind the Australian government of their obligation to enforce existing laws pertaining to the prohibition of whaling ships in our waters.

We as Forest Rescue are insulted and disappointed in our government for allowing the transit of whale poaching vessels in Australian waters.

Forest Rescue Contact: Michael Montgomery 0451058005
Forest Rescue Media Contact: Amy Flee 0428048632

Posted 16 April 2010 - Oceans die, civilizations die. Defend sea, defend cultures. Jailed: Japanese Tokyo 2 & New Zealander Pete Bethune Bottom L: “Tokyo Two” - Junichi Sato (left), Toru Suzuki (right), and their lead counsel, Yuichi Kaido (center) face reporters at a press briefing following their first pre-trial hearing at Aomori District Court in 2009. United Nations Human Rights Council (UNHRC) has already ruled that, in the defendants' attempts to expose a scandal in the public interest, their human rights have been breached by the Japanese government. Top R: New Zealander Peter Bethune boarded Japanese whaling ship Shonan Maru No 2 in the Antarctic Ocean to serve a citizen’s arrest for destruction of his ship (Earthrace aka Ady Gil). He has been held by the whalers since then and was arrested on March 12 when the whaling ship docked in Tokyo.

December 16th, 2011 - The Cove Guardians are in Taiji, Japan, to document the annual dolphin slaughter. Cove Guardian Erwin Vermeulen, Dutch photographer, was simply approached and taken away by the police - no witnesses , nor questioned. Vermeulen was arrested in Taiji, Japan, while attempting to take photos of Risso’s dolphins being transferred from holding pens in the sea to the Dolphin Resort Hotel. Police claim Erwin shoved a hotel employee, Erwin denies using violence. The arrest seemed pre-planned. No witnesses saw Erwin shove the employee and Erwin was not even questioned. The police simply approached him and took him away. Out of compassion for the dolphins being slaughtered in Taiji, Erwin Vermeulen traveled to Japan at his own expense to devote his time and energy to the Cove Guardian mission.

The Cove Guardians are in Taiji to document the annual Dolphin slaughter. Here is the petition demanding his immediate release, and let the Minister of Foreign Affairs in the Netherlands know that they must do something to get Erwin Free! Messages and photos of support for Erwin can be emailed to freeerwinvermeulen@gmail.com. You can be as creative as you want. Upon his release, whenever that might be, Sea Shepherd South Africa with the help of chapters all over the world will hand over all your personal messages to him.

December 18, 2011 - In the wake of the arrest earlier this week of Dutch Citizen and Cove Guardian volunteer Erwin Vermeulen, 20 police officers of the Wakayama Prefecture have raided the Clarmant Hotel where the Cove Guardians are quartered near Taiji, Japan, seized computers, phones, hard drives, photos, cameras and anything they deem suspicious (valuable to cove guardians to document the slaughtering of dolphins). At present the Cove Guardians, Scott, Melissa and Ron and also Heather from Save Japan’s Dolphins are being detained and have been cut off from communication with the outside world. No reasons have been given for the raid and the Cove Guardians have been careful to not violate local laws. The raid follows the arrest of Cove Guardian Erwin Vermeulen who was charged with assault on the word of an employee of the Dolphin Resort Hotel. Erwin was attempting to film the transfer of dolphins from the sea to holding pens at the resort. The employee claims that Erwin pushed him. There were no other witnesses to this allegation.

In contrast a recent assault on two female Cove Guardians by a fisherman resulted in the fisherman being questioned and released despite video evidence of the assault.
At present, in addition of detained Dutch Citizen the Cove Guardians, Scott, Melissa and Ron and also Heather from Save Japan’s Dolphins are being detained and have been cut off from communication with the outside world.

Nicole MacLaughlan managed to get word to us because she was leaving the hotel to go to Osaka just as the police made their move to raid the hotel. We anxiously await word of their release from detainment and if we hear nothing we will assume they have been incarcerated at the jail in Shingu.

2009 documentary: 23000 dolphins slaughtered yearly in hidden COVE. Japanese gov. covers it up. No one can get in. Until now

SANTIAGO, Chile, May 21, 2008 (ENS) Chilean President Proposes Whaling Ban, Whale Sanctuary
To a unanimous ovation of the Chilean Congress, President Michelle Bachelet today announced that she will send legislation to parliament banning all whaling activities in Chilean waters and creating a whale sanctuary. During her annual state of the country address, President Bachelet said Chile will have this law in place before the International Whaling Commission, IWC, meeting to be held in Santiago in June. President Bachelet also declared Chile's opposition to research whaling as conducted by Japan. "Chile will oppose any capture and death of whales with scientific purposes during the next meeting of the International Whaling Commission," she said. Conservationists see the announcement as a public triumph on an issue that has strong support amongst the Chilean people.

September 11, 2008 (ENS) VALPARISO, Chile - Chile Passes National Whale Sanctuary Law - The Chilean Congress today unanimously approved a bill declaring Chilean jurisdictional waters to be a whale sanctuary. Now, the bill heads to the desk of President Michelle Bachelet who originally submitted the measure to Congress. She is expected to announce the bill as a Law of the Republic shortly.

Chilean conservation and fishermen's groups praised the legislators for supporting the will of the Chilean people regarding cetacean conservation in the waters off Chile's 3,400 mile (5,500 km) long coast. They said the final approval of the law will allow Chile to attend the intersessional meeting of the International Whaling Commission next week in Florida with a strong message of conservation and non-lethal use of cetaceans.

Centro de Conservacion Cetacea, CCC; Centro Ecoceanos; and the National Federation of Artisan Fishers of Chile, known by its Spanish acronym CONAPACH, are the organizations behind the campaign "Chile 2008, A Whale Sanctuary." They participated in the entire legislative process.

For Barbara Galletti, president of CCC, approval of this measure represents "great progress for the country." "We are extremely happy with the consensus obtained in support of the law, including the national and international community, the legislative and executive branch and the Chilean Navy," said Galletti. "We are certain that this is the most important marine conservation legacy achieved for future generations and the foundation to construct new agreements oriented to the protection of the marine biodiversity," she said.

Referring to an action alert made last Thursday to collect signatures in support of the sanctuary that were handed to the president of the Chamber of Senators yesterday, Galletti said, "We would like to thank the thousands of people that responded to our final call to have the project approved. Their signatures were fundamental to have a whale sanctuary in Chile today."

Juan Carlos Cardenas, executive director of Centro Ecoceanos, said, "This is the first historical landmark of the 21st century in marine environmental conservation in Chile and demonstrates that the informed participation of the civil society can achieve changes towards a new relation with nature, which is what the majority of the people wants."

Cosme Caracciolo, secretary of CONAPACH, said, "This is the response of the political world to the position and demands of the civil society. With the national survey conducted by CCC to Adminark-GfK last April, it became clear that 99 percent of the Chilean people demand the protection of cetacean species." "This is a project of the Chilean people and the Chilean organizations to defend life," Caracciolo said. "We are extremely happy since this law will help us as a country to protect the marine biodiversity. It is our duty and obligation to do so." During the debate in the Senate on Wednesday, Senators Antonio Horvath and Juan Pablo Letelier underlined the conservation provisions in the new law such as avoidance of vessel collisions with whales in Chilean jurisdictional waters. Senator Letelier said, "The initiative presented by the executive branch was improved and will allow us to make an act of sovereignty over our maritime territory."

"It has been a historical inflection where we say no to those nations that challenge international agreements related to the whale conservation," he said, referring to the pro-whaling nations such as Japan, Norway and Iceland. Senator Letelier highlighted the role of civil society and nongovernmental organizations, particularly CCC and Ecoceanos, in generating public awareness and support for cetacean conservation, non-lethal research and the need to create whale sanctuaries.

He thanked President Bachelet for taking the demands of civil society and sending the projected law to Congress. In the Chamber of Deputies this morning, Deputies Guido Girardi, Pablo Galilea and Fernando Meza stressed the importance of this project for the country. The deputies approved the whale sanctuary unanimously with 53 votes in favor and no negative votes or abstentions. Environment Minister Ana Lya Uriarte, who attended both sessions, highlighted the consensus achieved in support of the law and the work conducted by the civil society organizations that were present in the session, CCC and CONAPACH.

Minister Uriarte said approval of the project was "an emblematic agreement between the executive and legislative branches. This is an example for the protection of our environment in a very special day for our country."

February 16, 2011 [CHILE] - Japan’s Whaling Ships Not Welcome In Chile’s Waters: in yet another blast of cold water in the face of Japanese whaling, Chile is sharply opposing the presence of Japan’s factory whaling ship, the Nisshin Maru, near Chile’s Exclusive Economic Zone, which is a sanctuary.
The Nisshin Maru continues to run in shame from Sea Shepherd Conservation Society’s vessel, the Bob Barker. Both ships are currently south of Chile’s Exclusive Economic Zone (EEZ), in international waters declared a sanctuary—where whaling is prohibited. As the vessels move closer to the Chilean EEZ, members of the Chilean government and public are growing increasingly upset. Over the years, Chile has proven to be a staunch ally to the whales, and some government officials seem to be hoping for the opportunity to enforce Chile’s laws against the illegal slaughter and trafficking of whale flesh.
For weeks, the Japanese whaling fleet’s murderous harpoons have been silenced due to Sea Shepherd’s interventions against its whaling operations, and the whales may soon have tangible, direct action support from Chile as well. What more could Sea Shepherd—or the whales—ask for?

Captain of the Bob Barker Alex Cornelissen, and Sea Shepherd’s Director of Legal Affairs Kim McCoy, are in direct communication with officers of the Chilean maritime authorities, and Sea Shepherd has provided photographic evidence of the Nisshin Maru’s current position and continues to provide regular updates to Chilean officials. All involved wait to see where the Nisshin Maru will go next, and what action the Chilean government will undertake if the Nisshin Maru dares to enter the Chilean EEZ.
Sea Shepherd has also been informed by a reliable source that the Cancilleria (the Chilean government’s foreign affairs body) is holding special meetings to discuss this specific issue, and that Chile’s government intends to take action if the Nisshin Maru enters its EEZ.

Chile is clearly willing to help the whales and show the world that it maintains its strong position against the illegal whaling activities perpetrated by whaling fleets. If only all southern hemisphere nations would do the same. Two things are certain: 1 – By all accounts thus far, the government of Chile seems determined to enforce applicable conservation laws, and 2 – Sea Shepherd is honored to assist the Chilean authorities and will continue to work closely with governments like Chile to defend, conserve, and protect marine wildlife.
Importantly, Chile is not the only South American country to take a strong stand against illegal whaling. This past Monday, many member nations of the International Whaling Commission urged Japan to stop its so-called scientific whaling in Antarctic waters and to respect sanctuaries for the species. Among them were Argentina, Brazil, Chile, Costa Rica, Ecuador, Mexico, Panama, Peru, and Uruguay, all of which are also members of the anti-whaling Group of Buenos Aires (GBA). GBA nations stand united and reaffirm their commitment to whale conservation, maintaining a moratorium on whaling-related trade, and respecting the integrity of internationally recognized whale sanctuaries. Sea Shepherd is proud of these countries, and very proud to have established the basis of cooperative conservation work with the Chilean authorities. Sea Shepherd now calls upon the governments of Australia and New Zealand to take note of this precedent set by Chile—and to demonstrate the same willingness to enforce conservation laws in their own waters.

Japanese open about being part of Sea Shepherd crew
Oyakawa is one of the first two Japanese to fully identify themselves as crew members of Sea Shepherd Conservation Society's vessels, which next month will try to block Japan's whale hunt. She is motivated by the belief that the human population has grown so large that people must stop eating wild animals to minimize the disruption to ecosystems. "I realize meat-eating people do not plan to stop eating meat. But we should at least live a humble life and (not plunder) the Earth"…

Terri Irwin and former Senator Ian Campbell offer encouraging words to Sea Shepherd [transcript]:
Terri: G’day, I am Terri Irwin.
Ian: And I am Ian Campbell.
Terri: And we just want to say: keep up the good work, guys! You are fighting the good fight and we are so proud of you. Bindi and Robert are stoked. Everybody in Australia is behind you, and you guys are genuinely our heroes. So we want to make sure that no matter how tough the fight gets, that you just keep on fighting, because we are really proud of you.
Ian: The Sea Shepherd crew are really the last bastion, they are the last link that’ll save the whales. You guys are right there in the middle of it. If it wasn’t for you, the whales would have no hope. So Terri and I, and all of Australians, and people who love whales all around the world, wish you well in what will probably be the most epic battle in the Southern Seas that we’ve ever seen. So please stay safe, and keep the whales safe.

Prof. George Cairns, Head of School, School of Management at RMIT University: "Rather than considering the issue from a hierarchical position of human dominance - 'we' humans are owners of the planet and the question is 'whose whales?' (see photo caption) - we should consider it from the perspective of equality of rights to life. Is it acceptable for one supposedly intelligent, social species (homo sapiens) to kill another highly intelligent social species for 'scientific', or any other purposes." First, I confess my vested interest as a fully paid up member of Sea Shepherd and a committed supporter of their cause.

Whilst Tim Stephens presents a very clear, concise and technically accurate summary of the legal situation in relation to Sea Shepherd's actions, I would urge a different standpoint.

Rather than considering the issue from a hierarchical position of human dominance - 'we' humans are owners of the planet and the question is 'whose whales?' (see photo caption) - we should consider it from the perspective of equality of rights to life. Is it acceptable for one supposedly intelligent, social species (homo sapiens) to kill another highly intelligent social species for 'scientific', or any other purposes.

Humans have, in the not too distant past, demonstrated their willingness to prosecute to the full those that have sought to justify research on fellow humans that involved the death of the subject. Should not whales be accorded the same rights?

As Captain Paul Watson points out, we do not - or should not - find it acceptable to walk down the street and observe violence against another merely to bear witness, as in the Greenpeace approach, rather than taking action to save the victim where possible without creating unreasonable further danger, as in the Sea Shepherd approach.

In the last decade, the governments of various countries have found it acceptable to intervene directly and violently in the affairs of other nations in the name of 'democracy' and 'freedom from tyranny', without first following international legal frameworks to the final stage. If these same governments are unwilling to take similar action in order to protect a highly intelligent and peacful species that is essential to the future of this planet, then it falls to individuals - under the umbrella of Sea Shepherd and similar organizations - to take the necessary action.

Sea Shepherd may appear to be acting merely to generate publicity through some form of PR 'stunt'. I would argue that they are merely following the 'rules of engagement' of contemporary politics and society, in which politicians, sports and media characters engage in similar types of behaviour for media purposes.

The publicity generated by action this week should lead viewers and readers to note that Sea Shepherd is taking direct action that produces real results in terms of numbers of whales protected from human genocide.

George Cairns, Head of School, School of Management at RMIT University

Sea Shepherd’s Defense Team, Seattle Law Firm Harris and Moure, Files to Have Japan’s Law Suit Dismissed The whaling interests in Japan may soon regret their decision to attempt to try to use the American judicial system to stop the activists that interfere with Japan’s illegal whale slaughter in the protected Southern Ocean.

The brilliant law firm, Harris and Moure, filed a motion to dismiss Japan’s claims that acts of piracy and terrorism were committed against them by the activists, and the legal document illustrates why this is not even a question appropriate for the U.S. justice system in the first place.

The brief sums:

The world is horrified by Plaintiffs’ slaughter of threatened and endangered species under the guise of scientific research.

Japan has consistently ignored international law and diplomacy, the world community, and court rulings.This case is Plaintiffs’ last-ditch effort to obtain a result they could not achieve anywhere else.

This dispute does not belong before this Court; it belongs in the international arenas capable of addressing the unique interests at stake.

Based on the foregoing Plaintiffs’ Complaint should be dismissed. This dispute is improperly before the Court and Plaintiffs’ Complaint fails as a matter of law and fact to state any justiciable claim for relief.

The following are highlights from the motion to dismiss (‘plaintiff’ refers to the Japanese consortium):

- This dispute is improperly before the Court. Plaintiffs seek to prevent Defendants from engaging in lawful activities to protect threatened and endangered whales in the Southern Ocean Whale Sanctuary. Plaintiffs’ Complaint purports to create causes of action where none exist, seeks protection under treaties not meant to protect Plaintiffs, and asks this Court to further Plaintiffs’ illegal whaling activities. For these reasons and for the reasons set forth below, Plaintiffs’ Complaint should be dismissed.

- Though Sea Shepherd maintains an office in Friday Harbor, Washington, the alleged
activities of which Plaintiffs complain occurred in Australia, Japan and the Southern Ocean. Planning for these Antarctic whale defense campaigns takes place on the vessels themselves, either at port in Australia, or while at sea.

- Defendants have never injured anyone, and Plaintiffs have not produced a single document to substantiate their allegations of injury, despite Defendants’ multiple requests that they do so.

- The UN World Charter for Nature authorizes groups such as Sea Shepherd to act as a private Coast Guard on behalf of international conservation law, and to take actions to prevent whaling.

- Recently, Plaintiffs’ activities have even provoked the ire of those outside the conservation
community, as it was revealed that the whalers had used $30 million in tsunami relief funds for their
operations.

- In this case, where the interests of both parties are more firmly rooted in Japan and Australia, the majority of evidence and witnesses are found far outside this jurisdiction, and U.S. law does not
apply, this Court should exercise its discretion and decline jurisdiction on forum non conveniens grounds. For this reason too, dismissal of Plaintiffs’ Complaint is proper.

Even more recently, the governments of the U.S., Australia, the Netherlands, and New Zealand issued a joint statement saying “We remain resolute in our opposition to commercial whaling, including so-called ‘scientific’ whaling.”

The 3rd incursion occurred on January 10, when it was reported that that Japanese harpoon-equipped Yushin Maru No. 3 entered the sanctuary off Macquarie Island, coming within 4 miles of the coast. The incursions of the past week demand a firmer response from Canberra. When is a whale sanctuary not a whale sanctuary? This is a question the Australian public would be entitled to ask themselves after the events of the past week.

Donald R Rothwell, Professor of International Law,expert on Law of the Sea The Howard government in 1999 took an assertive step and proclaimed all of the waters 200 miles offshore Australia as part of the ''Australian Whale Sanctuary''. Those waters extend not only off the mainland and Tasmania, but all of Australia's external territories, such as the Australian Antarctic Territory and Macquarie Island.

Within the sanctuary all whaling activities are prohibited by law.

*updated on Jan. 12, 2012*
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Photos courtesy Sea Shepherd, Junko Kimura / Getty Images, Greenpeace, BBC, AFP, Kate Davison / Greenpeace, Koichi Kamoshida / Getty Images, William West / AFP / Getty Images, and chirayliq.blogspot.com