Tuesday, November 6th 2012 - 06:33 UTC

Argentina to appeal Ghana court decision to move ‘Libertad’ from commercial port

A Ghanaian court authorized on Monday to have Argentina’s ARA Libertad navy training frigate, impounded over a lawsuit filed by a US based fund, removed from Tema’s commercial port to another local pier in order to liberate space that’s crucial for the in and out of cargo liners.

According to the Judge of the case the frigate is blocking normal trade in Tema

However and according to diplomatic sources in Buenos Aires, Argentina refuses to move the vessel and in considering appealing the decision.

As the ship has been stranded since October 2, on request of New York based fund NML Capital, Argentina’s legal representatives indicated that moving the ship must be dangerous as almost her entire crew of 280 has left and returned to Argentina only leaving an emergency team of 45 men.

But Ghana’s Judge Adjei Frimpong, who authorized the move, said to be “more than satisfied” with his decision, and remarked that “the ship is not in danger”.

Likewise, Frimpong explained that “the port has become a chaotic scenario since the arrival of the ship whose presence has virtually blocked all possible commercial activities”. He added “we can’t have a military vessel among normal merchant vessels” in Tema which is Ghana’s main commercial port.

NML Capital is suing Argentina on the basis of debts arising from the country's defaulted sovereign bonds. The investment fund bought bonds from the heavily indebted Argentine government in 2000, a year before the country's 100 billion dollars sovereign default.

However the NML Capital did not agree to the 2005 and 2010 restructuring of the defaulted bonds which represented 93% of total debt, and is demanding full face value payment plus interests. In this particular case some 370 million dollars. NML is willing to release the vessel if Argentina pays 20 million dollars, but the government of Cristina Fernandez refuses point blank.

The Libertad was detained after the fund – which has obtained judgments in New York and London awarding it more than 1.6 billion dollars from Argentina – applied to the Ghanaian courts. Previous attempts to seize sovereign assets, including the Argentine presidential jet, have so far been successfully avoided.

According to the Buenos Aires media the Argentine government next attempt for the release of the vessel is appealing to the Hamburg Internacional Court, where 21 magistrates should decided whether the impound violated or not the Law of the Sea and other international conventions that rule maritime trade and traffic.
 

40 comments Feed

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1 JuanGabriel (#) Nov 06th, 2012 - 07:05 am Report abuse
I hope they are getting these court fees up front. Argentina aren't bothered how much legal expense they rack up because they sure won't pay it.
2 LEPRecon (#) Nov 06th, 2012 - 07:33 am Report abuse
Ghana should just seize the ship as it is obvious that Argentina won't, or more likely can't, afford to pay the bond.

The skeleton crew can be escorted off and directed to the Brazilian embassy.
3 falklandlad (#) Nov 06th, 2012 - 09:12 am Report abuse
An interesting development with Argentina attempting to meddle in coastal state's port authority harbour control procedures, leading to the economic blockade of the port. Is there not a harbour tug available?
4 ChrisR (#) Nov 06th, 2012 - 10:46 am Report abuse
Argentina will lie and lie about this situation.

Tema has a number of suitable tugs that are experienced in moving ships around the port safely. How do they think the big commercial ships get in and out?

I should imagine the move has been achieved now, so stand by for some more bleating by AG about the nasty Ghanaians.

I am still waiting for Ghana to issue a warrant of possession against the Libertad, either in favour of themselves or for Singer.
5 Frank (#) Nov 06th, 2012 - 10:55 am Report abuse
46 isn't a skeleton crew...its the ship's crew without trainees.
Tema, like any other port on the planet, can ORDER any ship in the port to move when and where directed. It can refuse entry to ships and deny clearance to depart, if the ship has been abandoned by her crew they can put dockers aboard to handle the lines.

They aren't putting her in the mangroves... just down the end amongst the abandoned Togolese fishing boats.

I'm just waiting for the wailing from BA when the crew are frogmarhed down the gangway and forceably repatriated.
6 Pete Bog (#) Nov 06th, 2012 - 11:50 am Report abuse
So typical of Argentina to deny the Ghanians the chance to make money commercially which the Argentines are obstructing. I bet that none of the harbour fees get paid by Argentina.

The stupid idiots just do not understand that any foreign companies thinking of investing in Argentina's resources are going to be watching this facade and think-no point in lending money or anything as Argenmtina just does not pay up and is totally unreliable.

Also this will not put Argentina in favour with African countries who have seen no apologies from Argentina just anti-Ghanian rhetoric, ie non of this is Argentina's fault.

The Falkland Islanders on the other hand maintain stable diplomatic trading relationships and are building their economy slowly but surely, gradually showing that Argentina's rhetoric looks more pathetic everyday.
7 yankeeboy (#) Nov 06th, 2012 - 11:57 am Report abuse
The Argentinians are trying their best to appear strong. They don't realize that doing the right thing and playing along will win them good will. They want to push and antagonize at every chance they get. This is why they have lost all credibility with US State/Prez and can't get a meeting any longer.
They are nothing more than whiny pouty children in grown up bodies.
I hope CFK is dragged out of Olivos by her extensions on N8.
What a lovely site that would be...
8 Pirate Love (#) Nov 06th, 2012 - 12:06 pm Report abuse
a month on and Argentina are still no closer to getting their ship back,the saga continues, fees and costs must surely be mounting, any news on the other vessel?
9 ElaineB (#) Nov 06th, 2012 - 01:23 pm Report abuse
They behave like a belligerent child. If they had a braincell in the Argentine government they could have played this so differently and possibly gained some international sympathy. No one cares for bailiffs and there could have been some goodwill to a ailing country on the brink of a second default. However, they scream and shout, make up lies and deny their country is in any financial trouble. The result is that onlookers think that if they are doing so well they should pay up and shut up.
10 Uruguayan_And_Proud (#) Nov 06th, 2012 - 01:28 pm Report abuse
Why a rre you going to appeal such a decision. They are moving the ship so other ships can get through. its not like yoru going to pay the fees to get it back, so itll probally remain there till ghana or NML seize it. DO you have to be huge stubborn, ignorrant, people all the time? You guys are making yourself look bad witheach passing day.
11 Conqueror (#) Nov 06th, 2012 - 01:57 pm Report abuse
Oh dear. Not a single argie blogger. You've lost, girls. And if it gets a little damaged, so what? It's a bit of useless junk. Unless Singer fancies a yacht! Get used to it, argies. It's not “yours” anymore. Move on. Concentrate on the Espora junkpile. Perhaps that could be taken off-shore and sunk as a man-made reef?
12 Britworker (#) Nov 06th, 2012 - 02:13 pm Report abuse
It seems the argentines have penchant for port blockades.
13 ElaineB (#) Nov 06th, 2012 - 02:36 pm Report abuse
The Argentine President acts like she has power outside her country when she has none. She may scream, throw a tantrum and get her own way at home but not when dealing with other, far more powerful, countries.
14 Tempest_tits (#) Nov 06th, 2012 - 04:49 pm Report abuse
@11 Isolde aka Conqueror/Captain Poppy
Here is one argie blogger:
YOU are a C O N C H U D A! keep touching your toes for the brits!
15 ProRG_American (#) Nov 06th, 2012 - 05:52 pm Report abuse
Don't move captain. If they try to move it, shoot them.
16 Pirat-Hunter (#) Nov 06th, 2012 - 06:09 pm Report abuse
I say don't move the ship and if ARA libertad goes anywhere bring it back to Argentina and blame the port harassment for the ship return, besides we want Ghana to learn a lesson from dealing with the vulture funds, but I much rather we tax all imports from Ghana until all 20.000.00.00U$ blackmail is payed back to Argentine tax payers.
We love and support CFK 100%.. keep up the good work CFK.
www.telegraph.co.uk/finance/newsbysector/energy/oilandgas/9646826/Argentina-told-to-seize-up-to-19.2bn-of-assets-from-Chevron.html
17 ChrisR (#) Nov 06th, 2012 - 07:15 pm Report abuse
@15 ProRG_Argie Dickhead

Are you mad? Oh, I see the flaw in my question, you are an argie and therefore not of sound mind.

Fire on the Ghanaians! Ha, ha, ha. And what do you think is going to happen then, never mind if one of the argie cowards ACTUALLY kills somebody.

The Ghanaians have already proven they will not be bullied by a bunch of argie crooks called ‘ministers’, do you think shooting at them is going to cower them into submission? Idiota.
18 surfer (#) Nov 06th, 2012 - 07:22 pm Report abuse
looks like those pirates have lost another boat, Happy Hunting!
19 briton (#) Nov 06th, 2012 - 08:20 pm Report abuse
2 LEPRecon
The skeleton crew can be escorted off and directed to the Brazilian embassy.
[[perhaps Ecuador could step in and help ][

14 Tempest_tits==mother
15 ProRG_American==daughter
16 Pirat-Hunter==son
Hear one hear all three.
.
20 LEPRecon (#) Nov 06th, 2012 - 08:43 pm Report abuse
@15 - PROAG

You really are an idiot, aren't you.

If the crew of the ARA Libertad opened fire on the Ghanaians, the Ghanaians would retaliate with deadly force.

Not only that, but the crew of the Libertad would be held accountable for any deaths, and would be put on trial for murder.

Ghana still has the death penalty, although they haven't actually executed anyone since 1993, but I doubt the Captain of the Libertad would be willing to risk his life for the pride of a bunch of facist crooks.
21 briton (#) Nov 06th, 2012 - 08:56 pm Report abuse
CFK has fallen foul of
1, the brits
2, Ghana
3, ?
Who is next
Iceland
Malta
Luxemburg
Andorra,

Their must be some one she can stand up to,
Some one, some where,
lol.
22 toooldtodieyoung (#) Nov 06th, 2012 - 09:10 pm Report abuse
13 ElaineB

Just a thought, but would the final humiliation be if Singer charted a boat to give ARA Libertad a tow to......... I don't know........... Ascension Island??? It would be out of everyone's way there, they could even bring ARA Espora there as well so that it could remain safe, out of harms way and be in a nice central location, half way between America, the UK and Argentina.

Like I said, just a thought..............
23 ChrisR (#) Nov 06th, 2012 - 09:15 pm Report abuse
22 toooldtodieyoung

Even if this suggestion was a sound one the real problem is Singer would need permission from the Ghanaian Court.

He may even get it, if he asked, considering how much AG has pissed off the Ghanaians.
24 reality check (#) Nov 06th, 2012 - 10:05 pm Report abuse
Argentina shamlessly abandoned this ship, they have no right to complain.
25 ElaineB (#) Nov 06th, 2012 - 10:39 pm Report abuse
@22 I think Singer's lawyers will play everything strictly by the book to avoid giving the Argentine government any wriggle room. They have already offered to pay the port fees - a clever move.

It appears that the Ghanaian judge is not having any of the histrionics from the Argentines. They are playing it by the book too.

That ship will be moved.
26 reality check (#) Nov 06th, 2012 - 10:48 pm Report abuse
Shame on you, abandoning your ship!
27 ProRG_American (#) Nov 06th, 2012 - 11:00 pm Report abuse
24 reality check (#) “Argentina shamelessly abandoned this ship, they have no right to complain.”
What have you been smoking lad? They have every right to complain. The ship is manned by a crew of 44, and is being held captive in violation of international law. With the captain alone it is considered manned and not abandoned. This is an affront and act of aggression against the Argentine nation. It would be against any nation under the same circumstances, Court or no court. You cannot detain or embargo a naval or war ship. It is clearly stated in International Law.
From Naval law class, in Peace time, Ghana cannot move a naval ship property of a foreign government without the consent of the ships government, even if it is within Ghana’s territory. To do so will be an act of aggression. If anyone tries to move it or board it to move it, the crew has a legal right under international law to defend and resist with arms if necessary. An act along these lines by Ghana will cause breaking of diplomatic channels and considered an act of war.
This is an intentional attempt to provoke Argentina into a conflict and is likely being orchestrated from outside of Ghana.
28 HansNiesund (#) Nov 06th, 2012 - 11:08 pm Report abuse
@27 ProRG_Argie

So first of all a Ghanaian court finds that if you sign an agreement waiving your immunity, that means you've waived your immunity.

And as if that wasn't bad enough, now hey want to move the ship that is impeding business in their port.

This can only be a dastardly corrupt Anglo-Saxon pirate plot against the blameless and innocent Republic of Argentina.

What other explanation could there possibly be?
29 Pete Bog (#) Nov 06th, 2012 - 11:33 pm Report abuse
@15
“Don't move captain. If they try to move it, shoot them”

Very unlikely, Argentina only fights if it is against defenseless people or a vastly numerically inferior force. To suggest that afew Argentines would have to guts to take on a numerically superior force is sheer fantasy.

Even in 1982 when the UK deployed a numerically inferior force against the Argentine squatters on the Falklands, they caved in.

When there was an invasion force of 2000 odd (or was it more?) against 80 Royal Marines who still gave the invaders abloody nose Argentina suceeded but otherwise the Argentine military have no stomach for a fight if outnumbered.

Most of Argentina's military experience has been against civilians (their own) and native indians-these RG guys in Ghana won't fight.
30 briton (#) Nov 07th, 2012 - 12:53 am Report abuse
Besides these africans may not be as gentlemanly and mercifull as the british were,

these africans have a nasty habit of removing ones head or boil in a tub for lunch,

just saying , just saying .lol.
31 Zhivago (#) Nov 07th, 2012 - 12:58 pm Report abuse
ProRG Am
Would a US ship allowed themselves to be taken like that? I doubt it, I know another navy which certainly would not have gone down without a fight.
32 Conqueror (#) Nov 07th, 2012 - 01:27 pm Report abuse
@15 & 16 I think you both have an excellent idea. After all, there are only 3 battalions of infantry and an armoured regiment in the area. I'm sure 45 argies can handle them. Hahahahahahaha!!!
@20 You missed a point. How many argies do you think would survive to be put on trial?
@27 I trust that you will be watching closely as Ghana moves that boat. Of course, some Ghanaians will have to board it. Wouldn't get in their way! Apparently, a Ghanaian Court is of the opinion that when argieland waives immunity, there is no immunity. It seems that the argie practice of crossing their fingers when issuing documents isn't actually legal!

But I have to admire the courage you are both showing. From how many thousands of miles away? Why don't you both jump on a suitable means of transport and rush to the captain's aid? Then we can see what you're both made of!
33 briton (#) Nov 07th, 2012 - 01:33 pm Report abuse
they love their country,
but not that much,
5,000 miles away is far enough to support them.lol.
34 ProRG_American (#) Nov 07th, 2012 - 05:33 pm Report abuse
www.lanacion.com.ar/1524264-el-cartel-en-el-obelisco-que-sorprendio-a-todos
35 agent999 (#) Nov 07th, 2012 - 06:23 pm Report abuse
@34
more rubbish from another Argentinian posters not living in the US
36 briton (#) Nov 07th, 2012 - 07:08 pm Report abuse
34,,

Today all Argentines want the Frigate at home.'s Reconquest of our 'Freedom'
move the frigate would be dangerous because of the lack of crew
The Navy says there will be yet another
But what will you do old boy, what ca you do.
37 Frank (#) Nov 09th, 2012 - 10:34 am Report abuse
What a silly thing to do

www.ghanaweb.com/GhanaHomePage/NewsArchive/artikel.php?ID=255803

Deny them fuel , water and vittles... that will bring them to their senses sooner rather than later.
38 British_Kirchnerist (#) Nov 09th, 2012 - 11:14 am Report abuse
Glad to see Cristina is fighting this injustice at every step, and she will prevail in the end =)
39 Conor J (#) Nov 11th, 2012 - 11:02 pm Report abuse
@38
Ah ha ha ha ha ha ha ha ha!
40 Pirat-Hunter (#) Nov 12th, 2012 - 02:40 pm Report abuse
Men if I was treated that way in another country I would pull up anchor and head home to never look back or return again ever. Something valuable I learned in life is that if we move in a productive unproblematic circle the faster we evolve, the more we try to work a stagnant situation the greater the waste of time. Argentina should bring a 20.000.000.00 U$ service charge fee to the vulture court for having to move the ship on command, arguing that the moving of the ship takes a lot more effort then willingly buy problem bonds at a fire sale price. It all part of a job.
www.gregpalast.com/the-globalizer-who-came-in-from-the-cold/

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