Islamic Republic of Iran Shipping Lines v Turkey (The “Cape Maleas”) – European Court of Human Rights (Mr B M Zupancic, President, Mr C Birsan, Mr R Turmen, Mrs A Gyulumyan, Mr E Myjer, Mrs I Ziemele and Mrs I Berro-Lefevre, Judges) – 13 December 2007

Human rights – Charterparty – Cypriot vessel chartered by Islamic Republic of Iran Shipping Lines for time charter trip to Iranian ports – Vessel ordered to load cargo of arms in Bulgaria – Bills of lading specifying Syrian discharge port – Charterers intending cargo to be discharged in Iran – Turkish authorities seizing vessel and cargo in Bosphorus on suspicion of arms smuggling and breach of Montreux Convention – Master imprisoned for importing arms without permission – Whether Turkish authorities infringed charterers’ human rights – European Convention on Human Rights and Fundamental Freedoms, Article 1 of First Protocol and Article 6

(2008) 735 LMLN 1

By a charterparty dated 12 September 1991 on the NYPE form as amended, Islamic Republic of Iran Shipping Lines (“the charterers”) chartered the Cypriot-owned vessel Cape Maleas from the owners, Seabeach Shipping Ltd, for a time-charter trip to the South Iranian ports. The voyage duration was stated to be fifty days and the intended service was for the carriage of general cargo, steels and commercial containers. By an addendum dated 18 September 1991 it was agreed that the charterers could load dangerous cargo including explosives.

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Jan 23 2008

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