Five Filipino seamen, captain stranded in San Diego since May as environmental crime witnesses

The M.V. Donald whose captain and 5 Filipino crew members have been stranded in San Diego, California for months now as witnesses to a crime. Their predicament stems from a part of  maritime law that lets the U.S. government detain foreigners for months or more as crime witnesses.

Five Filipino crew members and their Ukrainian captain have been stranded in San Diego, California since the end of May because they witnessed an environmental crime involving illegal dumping of oil into the sea.

The six seafarers are not accused of any wrongdoing, but their passports were taken away and the federal government ordered them to remain in the San Diego.

Their ship, the MV Donald, has been allowed to set sail after the parent company posted a $1.1 million bail, but the six seafarers must remain in the U.S. as witnesses.

This is because the processing of the oil dumping suspect, the ship’s Russian chief engineer, Denys Korotkiy, could last for several more months even before the trial begins.

One Filipino crewman has not met his child born 11 months ago. Another Filipino has been away from home since October 2021.

Two others have been away for more than a year, and a fifth Filipino had a heart attack and is worried about being away from his wife.

The Ukrainian captain wants to be reunited with his family who had sought refuge in Spain, according to the San Diego Union Tribune.

The seafarers’ predicament stems from a part of  maritime law that lets the U.S. government detain foreigners for months as crime witnesses even before the filing charges against the suspect.

This agreement is solely between the U.S. Coast Guard and shipping companies. The shipping company pays their full salaries, accommodation, health care and a daily food stipend, San Diego Union Tribune reported.

The seafarers have petitioned a judge to let them go home. but prosecutors have argued against their request, despite assurances that they will return for the trial because not doing so risks the loss of their U.S. visas and continued opportunity to work as seafarers.