Dubai Forums Dubai Expat Forums Dubai Expat Help Forum

Dear Sirs / Madams,

My name is Alexandr Martsiokha. Since 18th of March 2007, I was working as a 2nd mechanic on the ship “ Orel ”, "Whitesea Shipping Company and Supply L. L. C.", located in Hamriyah Free Zone, Sharjah.

Due to an accident, on 12th of June 2008, a diver Mr. R.N. Abdulkadir from Kenya died, when he was doing diving works on the ship “ Orel ”. I very much regret that the gentleman has died, but it is not my fault.

Due to incomplete and inaccurate information represented to the Sharjah Court and lack of translator, 16th of October 2008, the Sharjah Court asked me to pay dyiah in amount of AED 200,000 to the family of the dead person. I was not allowed for appellation. My company refused to give a “warranty letter” for paying all fines regardless of the Court decision. Ukrainian Consulate admitted its helplessness in solving the case.

I am not in a position to pay the abovementioned amount myself. I am not in a position to get a job, as I don’t have either visa or documents. My passport and documents are in the Court. I can take it only after full payment of the fine. My family is not in a position to pay the fine either, because I am the only breadwinner of the family.

For more than a year, I don’t have work and means of living, as well as my family. During the year, some Ukrainian and the UAE public organizations tried to help me with my case, but in vain. Here are some publications in Russian in Ukrainian media:

http://www.facts.kiev.ua/archive/2009-03-06/94828/
http://www.segodnya.ua/news/14042646.html
http://novaya.com.ua/?/articles/2009/05/05/150020-13


My advocate, Dr. Jafar Al Touk, explained me that the only way to resolve the issue is paying the fine. Only after that I can leave the UAE.

In the article, dated 1st of July 2009, a bank account has been published for money donation, in order to help me paying the fine. http://koordinatorudpn.livejournal.com/147061.html

I can’t see any other way from this situation, as to ask you, my dear friends, to help me with some advises or suggestions. Please don’t leave my quest unattended. This is not a quest; this is SOS!

My telephone number: +971 50 96 17 687
E-mail address: martsyokha@mail.ru

Thank you!

The case (a brief translation from the http://www.facts.kiev.ua/archive/2009-03-06/94828/, Ukrainian newspaper)

On March 2007, Alexander signed an employment contract with “Nord Service” Company, based in the United Arabic Emirates, as a second mechanic of the ship “Orel” belonged to the “Whitesea Shipping & Supply Co”. The firm is based in the Hamriya free zone (UAE).
The owner used the ship heavily, always giving it for a rent. Mainly, the vessel supplied variable oilrigs with heavy equipment and food. There were three more Ukrainian seamen on the vessel, apart from Alexander: the Capitan, Senior Assistant of the Capitan, and Senior Mechanic. They worked and lived on the ship.

On 8th of June 2008, the vessel came back from India. The trip was very hectic and exhausted and the crew hoped to take some rest. However, the crew was told to prepare the vessel for the next trip in a short period of time. In a very rush environment the seamen worked on the preparation.

On 12th of June 2008 a Kenyan diver visited the vessel. He worked as a cleaner of the underwater part of the ship. Under the rules, when diver is working, the engine of the vessel should be switched off and the diver must place safety signs in the engine room with the sign “Don’t switch on the engine! Diver at work!”

Together with Senior Mechanic and Kenyan diver Alexander came to the rudder room to see the Capitan and his Senior Assistant in order to discuss the further working plan. After the planning, they came back to their working places and the Kenyan diver went to clean the underwater part. By noon, he came back to Alexander and said that his managers urgently asked him to go to another ship and that he comes back on “Orel” by tomorrow.

At the end of the day, two electricians visited the vessel and asked Alexander and Senior Mechanic to switch on the engine in order to check it. They said that it was an order from Mr. Hadji, the ship owner. Under the order of Senior Mechanic, the electricians and Alexander came down to the engine room and switched on the engine. Few seconds later, the Senior Mechanic rushed to them and signaled to switch off the engine immediately. Alexander and electricians run out of the room and saw that the whole crew was already on the desk. On the stern, there was a man, who was assisting the diver. It meant that the diver was down. The diver was dead.

Soon police came to the port and investigated the place. They arrested Alexander, Senior Mechanic, Capitan, and the Senior Assistant of the Capitan. The crew set in the room silently for about an hour. After an hour Mr. Hadji and two investigators came. All of them were Gulf Arabs. One of them asked Alexander in English, “are you the one, who switched on the engine”? Alexander replied, “yes, I am”. After that nobody allowed Alexander to explain or to talk. Nobody listened to him. At the evening, the crew was sent to a clinic for an alcoholic test. According to the police, the test revealed that the Capitan and Senior Assistant were under the influence of alcohol but Alexander and Senior Mechanic were not.

The next day, after the next interrogation, police brought Alexander to the port to let him identify the electricians, who asked to turn the engine. But the electricians said that they didn’t visit the vessel at that day, in spite the fact that witnesses confirmed otherwise.

The case was sent to the Court. All this time the crew was living in port under “home arrest”, without permission to travel. The vessel also was arrested. The Ukrainian Ambassador said that she didn’t want to be involved in the case and that the crew should not expect any help from the Ukrainian Embassy. The trial date was moved several times due to lack of translator. During this time, the Capitan was negotiated with Mr. Hadji in private. Later, Alexander got to know that the owner of the vessel purposely prevented translator’s visits, as he (the owner) provided a warrantee letter to the court ensuring that he will pay all expenses and fines, imposed by the court, in order to remove the arrest from the vessel and to make it operational, to minimize the losses.

After one private conversation with Mr. Hadji, the Capitan said that the crew does not need translator, that the crew was OK with English and could understand everything without the translator. There were several hearings, where Alexander did not understand a word, until the final question, “are you confirm that you are guilty”? Only from that moment, Alexander realized that he was the only one who was accused. He said, “No, I do not confirm”. On 16th of October, there was the final trial with verdict. The crew was told by Mr. Hadji and his advocates that the crew presence in the Court is not required, that everything will be OK. Only few weeks after, the crew got to know the verdict.

The court found Alexander guilty and asked him to pay diyah, “blood money”, to the family of the diver in amount of 56 thousand US dollars. Only after paying the diyah, Alexander would receive his passport and all other documents from the administration of the Sharjah Emirate. Senior Assistant and Capitan paid fine of 300 US dollars for being under the influence of alcohol in the working place. They paid the fine, received their documents and left the country. The owner of the ship withdrew his warrantee letter from the court and said that this was the personal problem of Alexander. He also accused Alexander from stealing the oil from the vessel.

Alexandr Martsiokha received help from the local Russian speaking community. The topic is closed. Thank you very much to everybody for your kind attention and participation

Larissa20 wrote:Alexandr Martsiokha received help from the local Russian speaking community. The topic is closed. Thank you very much to everybody for your kind attention and participation

Great news.

sage & onion wrote:

Larissa20 wrote:Alexandr Martsiokha received help from the local Russian speaking community. The topic is closed. Thank you very much to everybody for your kind attention and participation

Great news.

Thank you

Presently, Alexandr Martsiokha is back to his home country and rejoined with his family: mother, father, wife, son and his little daughter.