Malaysian authorities in Sabah, Malaysia detained at least 65 Filipino fishermen after their boat was flagged for alleged illegal fishing. The fishermen were detained during a routine sea patrol on 27 September, the Malaysian Maritime Enforcement Agency (MMEA) said.
The MMEA said in a social media post on September 30 its officers seized the Filipino fishing boat and detained its crew.
The vessel was located by the authorities some 18 nautical miles west of Mantanani Island, during the patrol around 1.30 p.m.
Malaysian media reports say the vessel was inspected with around four tons of seafood on board. The seafood was worth around 350,000 Malaysian ringgits, or at least P5 million.
The fishermen apparently could not produce valid identity documents and work permits. They also face charges of breaching Malaysian immigration laws and the Fisheries Act of 1985.
However, the fishermen have not been found guilty of the alleged breaches. Malaysian authorities are still investigating the case.
Malaysian Fishing Act.
Fishing in Malaysian waters is very strictly controlled especially for foreign fishing vessels.
Under Section 3 of the Malaysia Fisheries Act 1985, it is illegal to fish or attempt to fish in Malaysian waters unless authorized under an international fishing agreement.
56. It is presumed that fish found on board a foreign vessel has been caught in Malaysian fishing waters. The fishing gear on board the vessel may also have been used in those waters.
At present, there is no bilateral agreement between Malaysia and the Philippines to permit commercial fishing between the two countries. But the two are part of a larger agreement with Indonesia over the Sulu-Celebes Sea.
The lack of a bilateral commercial fishing agreement may be a key issue in the probe. The authorities will need to consider the circumstances of the incident and see if any laws were broken.
Philippine government turns to families for help
The families of the fishermen detained are now appealing to the Philippine government.
“A relative of one of the detained fishermen from Nasugbu, Batangas, has appealed to government agencies to help monitor the case,” said Batangas-based news outlet Balisong Channel.
The family is appealing to the Department of Foreign Affairs (DFA) and other concerned agencies to help ensure the safety and welfare of the Filipino fishermen while in Malaysia.
They also need help to understand the case and to negotiate the legal process.
The appeal has an echo for families with a loved one detained in a foreign country. They want to ensure the fishermen receive the right help and attention as the authorities investigate the allegations.
Investigation and Possible Further Detention
Malaysian fisheries law allows authorities to arrest people for suspected violations, and to detain them initially. Then they look into the individuals.
If the investigation is not completed within 24 hours, the law requires the authorities to produce the arrested persons before a magistrate or judge. The court may also, during the course of the investigation, order their detention to be continued for a further period of up to 15 days.
The extension allows authorities more time to review the case and gather information.
However, the continued detention does not mean that the fishermen have been found guilty. “If they had any responsibility, then that has to be taken through the proper legal process.
The families hope that Philippine authorities will look into the situation and ensure that the detained fishermen get the right kind of support and that their case is properly monitored as the investigation continues.