E

4 ALBERT EMBANKMENT
LONDON SE1 7SR
Telephone: +44 (0)20 7735 7611
Fax: +44 (0)20 7587 3210

Ref. T2-MSS/2.11.4.1

MSC.1/Circ.1404
23 May 2011

GUIDELINES TO ASSIST IN THE INVESTIGATION OF THE CRIMES OF PIRACY AND

ARMED ROBBERY AGAINST SHIPS

1
The Assembly, at its twenty-sixth regular session and through resolution A.1025(26),
adopted the Code of Practice for the Investigation of the Crimes of Piracy and Armed
Robbery against Ships.
2
Pursuant to the better implementation of resolution A.1025(26), the Maritime Safety
Committee (the Committee), at its eighty-ninth session (11 to 20 May 2011), developed
Guidelines to assist in the investigation of the crimes of piracy and armed robbery against
ships (the Guidelines), and agreed to disseminate the Guidelines to all interested parties.
3

These Guidelines should be read in conjunction with resolution A.1025(26).

4
Member Governments are invited to consider the Guidelines as set out in the annex,
and advise Administrations and other authorities to assist in the investigation of the crimes of
piracy and armed robbery against ships and to act accordingly.
5
Intergovernmental and non-governmental organizations with consultative status are
also invited to consider the Guidelines as set out in the annex and to advise their membership
to act accordingly, taking into account the guidance provided in MSC.1/Circ.1333, 1334
and 1337 and resolution A.1025(26).
6
Member Governments and intergovernmental and non-governmental organizations
with consultative status are invited to consider bringing the results of the experience gained
from using the Guidelines, as set out in the annex, to the attention of the Committee.

***

I:\CIRC\MSC\01\1404.doc

MSC.1/Circ.1404
Annex, page 1
ANNEX
GUIDELINES TO ASSIST IN THE INVESTIGATION OF THE CRIMES OF PIRACY AND
ARMED ROBBERY AGAINST SHIPS

Introduction
Member Governments and the international community have taken positive steps in an effort
to curb the crimes of piracy and armed robbery against ships. However compared to the
scale of the problem, the increasing physical, mental and sexual violence towards the crew
and the ever increasing extent of sea area threatened by these pirates, the efforts remain
limited in their outcome.
Governments are urged to take a more robust stance towards dealing effectively with these
crimes and to provide more assistance to vessels transiting pirate-infested waters as well as
after the vessels are released after prolonged periods in captivity.
The capture, prosecution and sentencing of pirates and armed robbers is probably the most
appropriate deterrent action available to Governments. A vessel being released after prolonged
captivity is likely to have a lot of potential evidence which, if collected, recorded and maintained
in an appropriate manner, could supplement a prosecution case at a later date. To do this,
Governments are encouraged to have trained investigators available who can collect the
available evidence from a vessel immediately after its release. Failing this, every effort
should be made to have an investigator available at the vessel's first port of call after release.
Guidelines to the investigator
If the investigator is to board the vessel at the first port of call immediately after release,
he/she should liaise with the Master directly on the procedures he/she will be employing to
collect the evidence. The investigator should bear in mind what the master and crew have
been through and that the Master's ability to assist in the investigation may be limited.
A balance should be struck between the needs of the investigator and the needs of the
Master and crew. The requirement to have an early liaison should be facilitated by the
shipowner, the Company security officer and the flag State of the ship.
The investigator should always be sensitive to the fact that the crew would have been subject
to extreme levels of stress during their period of capture and negotiation and would like to get
the vessel back to normal operational condition as quickly as possible. The Master should
give the investigator assistance and cooperation, to the best of his/her ability, for the
collection of evidence.
If the investigator has to board the vessel at the first port of call after release he/she should:
.1

Contact the CSO of the vessel and confirm if the Master has been able to
cordon off areas of the ship to preserve the evidence.

.2

Recognize and appreciate that the crew would have been under extreme
stress for a number of days and may have been subject to physical, mental
and even sexual abuse. The investigator should be sensitive to this fact
while taking crew statements.

.3

Be mindful of the flag State's obligations to conduct its own investigation as

well as its need for immediate access to the ship and crew upon the ship's
arrival.

I:\CIRC\MSC\01\1404.doc

MSC.1/Circ.1404
Annex, page 2
The following sections briefly describe some of the actions and procedures in the collection
of evidence to support the submission of written reports.

SECTION 1
Crew Statement
Statement of ...............................................
(Given names)

.........................................................................
(Family name)

Name of Ship ..............................................

Operating Company ........................................

Flag State ...................................................

Type of Vessel ................................................

IMO No. ......................................................

Description of alleged offenders: The information given by the crew should be in as much
detail as possible from what they personally saw, heard or experienced. Use a new sheet for
each pirate. The pirates should be described as accurately as possible. All information
about the pirates, including how they treated each crew member giving evidence, as well as
how they were seen to treat the other crew members, should be given. If no names were
heard then the pirate should be given a number to distinguish him. This number should also
be used as a reference in the crew statement.

Alleged offender No. ...

Name:

.................................................................................. (If given or heard called by others)

Approximate Age: ...................................

Approximate Height: ...............................
Build:

.............................................................................................. (slim/medium/large/heavy)

Ethnic Origin: .............................................................................................................................

Eye Colour: ............................................................. Hair Colour ..............................................
Hair Length: ....................................................... (Cropped/short/medium/long/over ears/tied back)
Facial Hair: ................................ (Beard/moustache) Facial Scars: ..........................................
Body Markings: ....................................................................... (Description and location on body)
Tattoos: ............................................................................. (Describe where and what if possible)

I:\CIRC\MSC\01\1404.doc

MSC.1/Circ.1404
Annex, page 3
Clothing: ....................................................................................................................................
(Colour and type of outer clothing, for example red short-sleeve T-shirt, long blue trousers)

Footwear: .............................................................................................. (Barefoot/sandals/other)

Neck wear: ................................. Wrist wear: .................... Ankle wear: ..............................
Weapons/equipment carried: ....................................................................................................
(Automatic rifle/grenade launcher/handgun/knife/machete/ammunition belt/radio, other)

Attitude: .....................................................................................................................................
(violent/brutal/aggressive/demanding or considerate/courteous/considerate/respectful)

Describe how this person treated you or others:........................................................................

....................................................................................................................................................
....................................................................................................................................................
....................................................................................................................................................
....................................................................................................................................................
....................................................................................................................................................

SECTION 2

Securing the Crime Scene and Recovery and Packaging of Exhibits

The following guidelines are intended to assist the investigator to recover valuable material
which after forensic examination by a competent authority may assist in the subsequent
identification, arrest and prosecution of the pirates that held the vessel and crew captive.
The investigator should:
.1

Wear fresh protective clothing such as overalls, rubber gloves (for each
separate item if practical) as well as have some facial protection,
e.g., chemical/dust masks, to give some protection to the investigator
himself and to avoid distribution of own fingerprints and biological material
on the recovered items.

.2

Items in the open and vulnerable to weather conditions should be given

priority over those that are enclosed, e.g., Bridge, machinery spaces,
cabins, mess room, etc.

.3

All items are to be photographed, identified, labelled, and logged at the

location found before removal and packaging. The camera should be set to
the correct date and time before starting. This will help ensure an accurate
visual record which would be of evidential value. The film or digital imaging
record will also be subject to evidential value.

I:\CIRC\MSC\01\1404.doc

MSC.1/Circ.1404
Annex, page 4
SECTION 3
Identification and Labelling
Each item recovered will need to be given an "identification reference" with a sequential
number (i.e. 01, 02, 03, etc.) to link it to the point of recovery and by whom.
For example an abbreviation of the vessel's name, the point of discovery, e.g., Deck 3
mid-ships stairwell in Zone 2, the initials (not full name) of the finder and the sequential
number of the item recovered.
Each item when packaged will be given a label with the same unique reference to link it to
the point of discovery. An example of this could be if the ship was named Sea Spirit and the
person recovering was Ronaldo Fernandez, giving an identification reference of:
SS/Date & Time/Crew Mess Room /RF/1, /RF/2, RF/3 etc.
Where an item of obvious significance is found, then the person recovering AND the person
able to identify it in relation to a pirate, (e.g., firearm, grenade, ammunition belt, rope, galley
utensil, blanket, etc.) should include this on their pro-forma statement (see SECTION 1).
Should more than one person be involved in recovering items, then the identification
reference would include that person's initials, also starting from 01.
All items recovered will need to be safely stored in a clean and dry environment until such
time as they are landed ashore.
If a paper sack or cardboard box is used to package the item, then the identification
reference should be written in ink or similar (not pencil) on the outside of the package. In the
case of plastic bags, glass jars or smaller containers, then a reference label will need to be
attached. Please note that adhesive tape and NOT staples should be used to attach the
label.
Example:
IDENTIFICATION REFERENCE
SS......./..03-03-2011..1425 / Crew Mess Room /.......RF....../01.
(Ship name) / (Date/Time)
/
(Location)
/ (Recovered by) / (Seq. number)
Brief description: (for example Brown blanket used by pirate leader)

Signature: ......................................................

I:\CIRC\MSC\01\1404.doc

MSC.1/Circ.1404
Annex, page 5
SECTION 4
Log of Items Recovered From Search or Seizure
Item
No
01

Date/
Time
03/03/2011
1425

Location
found
Crew
Mess Rm

I:\CIRC\MSC\01\1404.doc

Description
of item
Brown
blanket used
by Pirate
leader

Recovered
by
Ronaldo
Fernandez

Signature

Identification
Reference
As above

Remarks

MSC.1/Circ.1404
Annex, page 6
SECTION 5
Guidelines on recovery and packaging of exhibits
TYPE OF
EXHIBIT

SAMPLING/TREATMENT

RECOMMENDED
PACKAGING

PRACTICAL OPTIONS
FOR CONSIDERATION

WARNING:
THE HANDLING OF BODY FLUIDS CONSTITUTES A HEALTH HAZARD
ALWAYS SEEK ADVICE IF UNSURE
BLOOD
A) Blood
stained items
originating from
a pirate

If an easily removable
item, e.g., knife, ashtray,
bottle, etc. (see further
down re: clothing), allow
the item to dry completely
and naturally before
packaging.
DO NOT accelerate
drying.
Make a note on exhibit
seizure form if blood stain
was wet when obtained.

Place each individual

item in a separate
suitable, properly sealed
container, e.g., sealed
strong paper bags or
stout paper sacks. In the
absence of sacks,
cardboard boxes will
suffice. Bags/sacks
should be folded over
twice and sealed with
adhesive tape (adhesive
tape or similar), boxes
should also be sealed
with tape.
Clearly mark any sack or
container that contains
blood with
'BIOHAZARD'

Bags/paper sacks must

not have been used
previously. If no 'police
issue' sacks are
available, suitable sacks
would be those used for
paper waste disposal. If
a cardboard box is used,
it should be as clean as
possible and lined with
clean paper. Write the
exhibit identification
reference on the
sack/box as you seal it.
Note: Plastic bags
should not be used for
blood stained items as
they promote dampness.
Nor should staplers ever
be used to seal bags.
Seek advice and
guidance from Ships
Doctor/Medic and/or
shore authorities if
required.

B) Bloodstains
(from pirate(s)
on immovable
objects

I:\CIRC\MSC\01\1404.doc

Mark any sack or

container that contains
blood with 'BIOHAZARD'

MSC.1/Circ.1404
Annex, page 7
TYPE OF
EXHIBIT

SAMPLING/TREATMENT

RECOMMENDED
PACKAGING

PRACTICAL OPTIONS
FOR CONSIDERATION

1) Pools of wet
blood

Can be collected using a

syringe.

Blood (not syringe) to be

placed into a clean, dry
bottle/jar with a screw
top. Syringe to be
disposed of in proper
'sharps' box.

As above.

Lift with a clean knife or

scalpel blade.

As above.

As above.

WARNING
Syringes and
needles pose a
serious health
hazard and
must be
handled with
extreme care
Wherever
possible seek
medical advice
before handling

2) Partly clotted
blood

Keep all WET or

SEMI-SOLID blood
samples in a cool place.
If delay likely in passing
to authorities, consider
deep freezing samples
(away from food
products). Take advice
before doing so.
3) Dry blood

If practical and possible,

cut away the surface
containing the stain. A
non stained part of the
item should also be taken
as a control sample.

Place each individual

item (including the control
sample) into a separate
suitable container, e.g.,
paper sack, cardboard
box and seal properly
with adhesive tape.

Seek advice from Ships

Doctor/Medic and shore
authorities.
Never use staplers.

OR
Scrape dry blood onto a
clean sheet of paper.

Fold paper carefully and

seal in a labelled
envelope.

FIBRES & HAIRS

Items onto
which fibres
may have been
transferred
(e.g., from
pirates clothing
to other clothing,
bedding,
weapons)

Where possible recover

the whole item with the
minimum of disturbance.
If it cannot be packaged,
cut out approximately
20 cm square of material
OR pull out tufts of fibres.
Otherwise, seek advice
from shore authorities as
to fibre sampling.

I:\CIRC\MSC\01\1404.doc

Place in an envelope
sealing all seams and
openings. Large items
should be placed in a
clean paper sack or
cardboard box. If there is
more than one piece then
wrap each item
SEPARATELY and seal
effectively with adhesive
tape.

Do not use staplers, seal

with adhesive tape.
A plastic sack could be
used if the item is
completely dry.
Polythene bags
(providing no dampness)
or paper sacks can be
used.

MSC.1/Circ.1404
Annex, page 8
TYPE OF
EXHIBIT

SAMPLING/TREATMENT

RECOMMENDED
PACKAGING

PRACTICAL OPTIONS
FOR CONSIDERATION

Rope or Twine
used by pirate

Recover the whole length

of rope if possible OR
obtain a length at least
30 cm long. For
suspicious deaths or
suicide, recover the
whole item.

Wrap each item

separately in a polythene
or paper sack and seal
effectively.

Do not use staplers to

seal any bag. Always
use adhesive tape.

Where there is
a possibility of
a PHYSICAL
FIT between
broken or cut
ends

If the rope must be cut to

remove it, first clearly
label the original cut or
broken ends.

Protect the cut or broken

ends with paper or
polythene bags so that
they cannot be damaged
and place each individual
piece of rope or twine in
a separate polythene or
paper sack.

As well as potential
evidence re: a crime,
such evidence could be
of considerable value to
an accident investigation
or inquest re: suicide.

Items
recovered that
may have hairs
present

Recover the whole item

wherever possible.

Wrap each item

separately in a polythene
or paper sack and ensure
the bag is completely
sealed.

Do not use staples to

secure the bag, only
adhesive tape.

Always leave knots

intact.

CLOTHING, BEDDING AND FOOTWEAR

Bedding used
by pirate(s)

Where possible and

practical recover whole
item, e.g., blanket used
by the pirate. Mark upper
and lower surfaces head
and foot to establish
orientation of sheets,
blankets, quilts, etc.

Wrap each item

separately at the
recovery location if
possible. Place in a stout
paper sack and seal with
adhesive tape.

Ensure that all recovered

items are kept separate
to avoid cross
contamination. If a
number of cabins are
involved, ensure different
staff recover bedding and
bag and seal items at a
separate location before
storage.

Clothing (used
or left by
pirates)

Recover the whole item

of clothing if used by the
pirate.

As above.

As above.

Wet or damp
items

Allow to dry naturally as

soon as possible on a
paper-lined surface.

When completely dry

package as above.

Avoid risks of
contamination by drying
at separate locations
where practical.

Package any footwear

used by the pirate(s).

Use separate paper

sacks or cardboard
boxes for each item and
seal securely.

Suitable boxes might be

those that contained
photocopier paper.

WARNING
See first page
re: handling
materials
containing
body fluids
Footwear

I:\CIRC\MSC\01\1404.doc

MSC.1/Circ.1404
Annex, page 9
TYPE OF
EXHIBIT

RECOMMENDED
PACKAGING

PRACTICAL OPTIONS
FOR CONSIDERATION

Where possible recover

whole item, e.g., on
paper(s), cardboard,
glass, bedding, etc.

Place each item

separately in an
appropriate and clean
container
(e.g., cardboard box)
to protect.

As above.

If not possible to recover

consider photographing
placing two rulers at right
angles to show size of
mark.

If digital photographs
taken, do not use any
photo enhancement
facilities. Leave for
experts to improve on.

If film photography is
used, package the entire
film cassette.

Place any broken pieces

in a polythene bag or
paper envelope and
place in a sturdy
cardboard box. Whole
items should be
individually packaged.
Seal the box completely
with adhesive tape.

If a box or sack contains

broken items that could
cut or injure, please label
'CAUTION, INJURY
HAZARD'.

SAMPLING/TREATMENT

FOOTWEAR MARKS
Surface
transfer marks

GLASSWARE & CERAMICS

Glasses, cups
mugs, etc.,
used by the
pirate(s)

Recover whole or broken

items used by the pirates.

EXPLOSIVES, FIREARMS & OTHER WEAPONS

Seek urgent advice from
shore authorities before
taking action unless to do
so is critical to preserving
life.

IMPORTANT
Safety takes
precedence
over evidence
collection.
Specialist
advice MUST
be sought
before ANY
action is taken.
IT IS
DANGEROUS
PRACTICE TO
LIFT A
FIREARM BY
THE TRIGGER
GUARD

Do NOT touch unless

you are familiar with
firearms. Seek specialist
advice.

Photograph the firearm

in position before any
attempt is made to
move it.

NEVER position yourself

so that the gun barrel is
pointing in your direction.
REMEMBER a loaded
gun can be discharged
when being moved or
simply touched.

Tie the item with string to

the inner surface of a
cardboard box, so that
movement in the box is
restricted. Seal and label
the box correctly.

IF there is a person
experienced in the
handling of firearms
available, get that person

I:\CIRC\MSC\01\1404.doc

If possible, photograph
the position of any
cartridges or bullets in
the chamber/
breach/magazine before

NEVER INSERT A
PENCIL OR OTHER
OBJECT INTO THE
BARREL, THIS COULD
DESTROY VALUABLE
EVIDENCE.
If it is suspected that the
barrel of the firearm has
been in the mouth of the
victim, the muzzle
(having been allowed to
dry naturally) should be
protected by placing an
envelope loosely over it
but NOT affixed with
adhesive.

MSC.1/Circ.1404
Annex, page 10
TYPE OF
EXHIBIT

SAMPLING/TREATMENT
to make the weapon safe
by unloading the weapon
noting the position of any
cartridges present in the
chamber of a revolver, in
the barrel of a shotgun,
etc.

RECOMMENDED
PACKAGING

PRACTICAL OPTIONS
FOR CONSIDERATION

removal providing it is
safe to do so in the
opinion of a
firearms-trained person.

Handle with great care

with gloves if possible, lift
by placing a gloved finger
at each end touching the
minimum surface
possible.

Any bullet/cartridge
removed should be
packed separately.
Place in a dry cardboard
box and secure.
Place in cardboard box of
other secure container
and seal with adhesive
tape.

Weapons other
than firearms
(e.g., knives,
hammers,
hatchets)

DO NOT attach any

adhesive material to the
blades or handles (this
could destroy fingerprints
or other evidence of
value).

Place in cardboard box or

other secure container
and seal with adhesive
tape.

Where there are items

that could cut or injure,
please label 'CAUTION,
INJURY HAZARD'.

RECOVERY AND PROTECTION OF PROJECTILES

WARNING
see above
re: blood and
firearms

Any wounds resulting

from a firearm injury
should (subject to
medical advice) be
photographed before
surgery. Wherever
possible a ruler or scale
should be in the
photograph adjacent to
the wound.

Unless it is absolutely
essential to do so, do not
attempt to remove a
bullet or air pellet that is
imbedded in walls, doors,
etc., as this would most
likely destroy any ballistic
evidential value. This
should be left to forensic
experts.
Photograph any projectile
in situ.

I:\CIRC\MSC\01\1404.doc

Seek advice re:

packaging from shore
side authorities.

As above.

Photographs of injuries
should be in colour as
this will show
differentiation between
blood staining and
blackening. Films should
not be processed unless
it is essential, but
retained for the relevant
authorities.
Wherever possible, seek
advice from shore
authorities before
removal of area
surrounding projectile.
Mark the area clearly
without touching or
damaging the scene.

MSC.1/Circ.1404
Annex, page 11
TYPE OF
EXHIBIT

SAMPLING/TREATMENT

RECOMMENDED
PACKAGING

PRACTICAL OPTIONS
FOR CONSIDERATION

MODEL, REPLICA AND BLANK FIRING FIREARMS

WARNING
see above

Treat as real until proved

otherwise.
All wads and cartridge
cases should be
recovered.

Wrap in tissue paper

(NOT cotton wool) and
place in a cardboard box,
seal and label.

If unsure as to whether or
not the weapon is a
replica, etc., seek advice
from shore authorities
BEFORE packaging.

For loose bullets/pellets,

pack as above. Once
known to be safe, place
in a polycover and lay in
a box padded with tissue
paper to prevent
movement, and seal and
label.

CLOTHING OF PERSON SUSPECTED OF DISCHARGING A FIREARM AND ANY VICTIM

WARNING
See first page
re: caution to
be applied
when dealing
with body
fluids

Clothing should be gently

handled to preserve
lightly adhering firearm
discharge residue.

Clothing of
victim (crew)

As above.

Items of clothing must be

individually packaged in
paper sacks, sealed with
adhesive tape and
labelled.

Plastic sacks can be

used where clothing is
dry.

As above.

As above.

As above. BUT
bloodstained clothing
must be allowed to dry
naturally before packing.

DOCUMENTS (e.g., DEMANDS/RANSOM NOTES)

Hand-written
documents

Obtain the ORIGINAL

document, place in a
polycover and if possible
make a photocopy to be
used as a working
document (e.g., to Fax to
authorities or Head
Office).

Place in a clean
polyfolder or polythene
bag.
DO NOT WRITE ON OR
MAKE ANY
INDENTATIONS ON
DOCUMENT.

___________

I:\CIRC\MSC\01\1404.doc