Exclusive:Lord Advocate's legal probe over seized Russian-flagged oil tanker amid extradition concerns
Questions have emerged over whether SCots law is being followed following the operation by US armed forces.
Scotland’s most senior lawyer is investigating whether Scots law is being followed after a Russian-flagged oil tanker seized by US armed forces entered Scottish waters.
The Marinera, formerly called the Bella 1, was intercepted by the US military in the North Atlantic between Iceland and Scotland last week, with the support of UK armed forces.
The tanker has now been taken to the Moray Firth, off the coast of Burghead, to take on fresh supplies.
Yesterday, it emerged that the US Coast Guard vessel accompanying the tanker had berthed at Aberdeen.
First Minister John Swinney expressed anger after the UK government did not inform him that the seized vessel was being taken into Scottish waters.
The United States government has claimed the tanker is part of a shadow fleet that has been used to transport oil on behalf of nations including Russia, Iran and Venezuela, in violation of US sanctions.
The crew reportedly consists of 17 Ukrainians, six Georgians, three Indians and two Russians. The two Russian crew members were reportedly released by US officials after a request from Vladimir Putin’s government.
Mr Swinney has now confirmed the Lord Advocate Dorothy Bain, Scotland’s most senior law officer, is investigating the impacts of the vessel’s presence in Scottish waters on Scots law.
It is understood her priority is investigating whether Scots law is being followed, as well as the welfare of the crew.
There are questions over whether Scottish courts would have jurisdiction over the crew if they are to be extradited to the US for prosecution, as has been suggested.
Last week, White House Press Secretary Karoline Leavitt said the crew of the Marinera will be brought to the US for prosecution "if necessary".
As a general rule, the Scottish courts have jurisdiction over crimes committed in Scotland or in Scottish territorial waters.
In evidence submitted to the House of Lords, then lord advocate Frank Mulholland QC, stressed that “the Extradition Act 2003 recognises Scotland as a separate jurisdiction”.
He added: “The Act enjoins the Lord Advocate to conduct extradition proceedings before the Sheriff at Edinburgh, which is the appropriate judge and designated court.
“The Lord Advocate is also enjoined to give the issuing judicial authority such advice related to the extradition as is considered appropriate.”
He added that “a request for extradition by the Scottish authorities will always be proportionate”.
Mr Swinney has confirmed that the current Lord Advocate is investigating whether Scots law is being adhered to.
He said: “The government was not advised that that vessel was coming into Scottish waters.
“It is pretty obvious that, when such an event happens—when a vessel of that type comes into Scottish waters—there could well be implications for the exercise of Scots law and Scots jurisprudence.”
Mr Swinney added: “I have raised with the UK government my complete dissatisfaction at the absence of prior notice that that was going to be undertaken, because of the potential interaction with our responsibilities.
“One example of that is that the Lord Advocate is seeking to establish that all aspects of the rule of law are being respected with the presence of the tanker in Scottish waters, which is her statutory responsibility, and that we can be assured that the health and welfare of those on board are preserved.
“Given the total absence of proper formal communication from the UK government to the Scottish Government about an issue that has implications for the delivery of our responsibilities, this is an example of shockingly poor conduct by the UK government.”
A spokesman for the Law Society of Scotland said: "Whether or not formal extradition proceedings were required would depend on the circumstances.
“If the crew members consented to relocation to the United States for prosecution, the process would be relatively straightforward. Extradition proceedings in Scotland take place before a specialist sheriff in Edinburgh."
A spokesperson for the Crown Office and Procurator Fiscal Service said: "The Lord Advocate's chief concerns are that the rule of law is respected, and that the health and welfare of those on board is preserved.
"It would not be appropriate to comment on operational activity or matters of international relations."
A Scottish Government spokesperson said: “While we do not comment on extradition matters, the First Minister has been absolutely clear that the independence of Scotland’s legal system must be respected.”
A UK government spokesperson said: “National security and defence are a reserved matter. The Bella 1 entered UK waters to be replenished with essential supplies as part of the UK's support to the US' operation to interdict this sanctioned vessel.
“The UK government is continuing to liaise with the Scottish Government on the matter.”
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