Letter to Newpapers (4th February,1999)

Subject:Illegally detained in Taiwan,request help

I, Captain Raj Kumar Goel, would like to draw your attention to our pain and suffering because of illegal detention in Taiwan. I and another Indian Merchant Navy Officer Yoga Narsimha Dodla were imprisoned in Taiwan on 7th February,1996 and released on bail on 26th July,1996 with the restriction that we cannot leave Taiwan.

While sailing on container vessel M.V."Kasuga 1" (owned by NYK Shipping Co.), enroute from Hongkong to Los Angles, we are alleged to have collided with a Taiwan Fishing boat. The physical evidence does not point to direct impact and there is strong possibility that the Fishing boat collided with another ship and later its net got caught in the propeller of our ship. The physical evidence and other facts have been distorted and not investigated properly by the Public Prosecutors and Courts here as they have found a scape goat in us. Our Indian Government and its representative office in Taiwan has never bothered to check the facts themselves. They follow and approve the illegal trial in court by saying that the matter is in Taiwan Court and they cannot do anything.

. The location of the alleged collision is 17 miles off the coast of Taiwan which is in International waters, of which there is no dispute in Courts. According to Article 97 of the International Law of Sea our arrest, detention and trial is illegal. In another incident involving Taiwanese ship "Maersk Dubai", Taiwan government got 6 of their citizens deported from Canada on the basis of International Law and has never charged them for crime.

Public Prosecutor had charged us for abandonment (Hit and run), High Court (first verdict) sentenced us for negligence in the performance of duty. Then Supreme Court's sent the case back to High Court saying it should only try us for charges specified in Prosecutor's indictment. High Court (2nd verdict) declared us "Not Guilty". The present (second) verdict of Supreme Court says that High Court can try for the charges not raised by Prosecutor. The contrasting verdict by Supreme Court proves that they want to harass us by delaying the final outcome.

Boat victims families have have appealed to Courts to release us.

Our passport has no stamp of Immigration authorities. At the commencement of trial in Courts we are asked if we have committed crime before this. We have no basic right to work. I have apprised the Taiwan Supreme Court, Justice Ministry, President and Prime Minister of my problems but they say that I cannot be release till I am proven innocent, all this shows that we are treated as criminals. If the case keeps on shuttling between High Court and Supreme Court than there is going to be no end to our sufferings. Without work, salary and away from family we are in a very difficult situation.

Our detention here has resulted in lot of depression, hardships, frustration, mental tension, financial problems and disrespect (in society) for us and our family. I have not seen my family for the last three years. My 5 year old son asks me when I am coming home? I have no answer. My father started his life as a peasant labour and by his hard work, sheer determination and borrowing money from friends gave me good education. He has served as village Sarpanch for 10 years. My mother is a heart patient, she had a heart valve replaced in 1993. I am very close to my family and my detention has caused unbearble pain to them at the this old age. My father has visited Indian Foreign Ministry for help innumerable times.

We shall be very thankful if you can take up and follow our case. My old parents, wife and 5 year old son are waiting to see me.

Thanks and with best regards

Yours Sincerely,

Captain Raj Kumar Goel

 

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