Legal Due Diligence in Private Security Operations
The spirit of #BlueSecurity demonstrates the respect for an Individual’s rights in a complex environment of international legal regimes. The constant instability caused by piracy and threats of violence on shipping routes prudent security management and a solid legal awareness to be able to react to changing security situations. The complex interplay of different legal […]Detention Governance at Sea
Wrongful Detention on a Cruise Ship: A Case of Bad Governance and Abuse of Power
The cruise industry is built on luxury, relaxation, and trust. However, a shocking case of wrongful detention and abuse of authority exposes deep governance failures. This case highlights negligence, lack of legal oversight, and security mismanagement in the shipping industry. Without urgent accountability and responsibility, similar injustices will continue.
Unjust Detention Without Evidence
Two friends embarked on a three-night cruise, expecting a peaceful getaway. During the trip, they engaged in consensual sexual activity with another guest. The following day, the woman accused them of sexual assault. Instead of conducting a proper investigation, the ship’s security team detained them for 36 hours. The men were later handed over to the police at the next port, despite zero supporting evidence.
Violation of Legal Rights
On board, the guests were treated as criminals from the start. They were interrogated in English, a language they did not fully understand, without a translator or legal representation. The security team ignored due process, assuming control of the situation instead of deferring to official authorities. When the police finally reviewed the case, they found no grounds for prosecution.
Failure in Governance and Accountability
This incident exposes serious governance failures within the cruise company. The most critical issue was the unlawful detention of two innocent guests. Rather than following approved incident management procedures, the company took matters into its own hands, violating basic human rights. The absence of legal oversight led to wrongful confinement, mistreatment, and emotional distress.
Negligence in Reporting and Documentation
Another major failure was the company’s delay in informing the authorities. The captain and security team failed to report the incident immediately. Instead, they conducted an internal inquiry, refusing to log the case in the official ship records. This was a clear breach of protocol. The police only learned about the case after serious damage had already been done.
Severe Consequences for the Victims
The two guests suffered public humiliation and emotional trauma. They were paraded through the ship in swimwear, locked in empty cabins, and stripped of basic amenities. Their reputation was damaged, and they endured unnecessary psychological distress. Even after the case was dismissed, the company refused to apologise or offer compensation.
The Urgent Need for Reform
Incidents include crew members falsely imprisoned (Justia), a passenger detained over a sarcastic remark (Irish Times), an arrest due to mistaken identity (AP News), and failure to implement key safety measures (GAO), all exposing poor legal oversight and lack of passenger protections.
These incidents highlight the urgent need for stricter governance in the maritime industry. Shipping companies must implement clear legal protocols, ensure accountability, and adherence to fundamental rights. Without these changes, the industry will continue to be a breeding ground for injustice—where both the innocent and the real victims suffer due to corporate negligence.
