The unlucky 13 Filipino crewmen

FOR several months now, 13 Filipino crewmen have been living in a modest two bedroom house in Carson City, California, an upgrade from their previous quarters, and worried sick that their decision to cooperate with the US government against their ship's owners will mean the end of any future maritime employment for them.

Their saga began when their ship, the Keterina, a Greek-owned, Malta-registered steel carrier, was boarded and inspected by the US Coast Guard just off Long Beach, California in September of 2004.

Upon inspection, the Coast Guard found evidence of illegal oil dumping and at least 20 other violations. The ship was impounded and the ship's three officers, Captain Ionnis Kallikis, Chief Engineer Edgardo Guinto and Second Engineer Rolando Sullesta, were placed under arrest. (Of the 16 officers and crew on that ship, only Kallikis was not a Filipino.)

Coast Guard investigators reported that while they were talking to Guinto, Capt. Kallikis yelled, "Stop talking... the lawyers are coming." Guinto immediately terminated the interview, expressing fears for himself and his family.

Unlike Guinto, however, the 13 Filipino crewmen immediately cooperated with the Coast Guard and confirmed the illegal acts of the officers. They reported that they had not been paid for several months and that they had been ordered by the officers to throw garbage and oily wastes overboard. They said that Chief Engineer Guinto warned them that if anybody talked, "they're dead."

Coast Guard investigators found at least 23 health and safety violations aboard the Katerina, including the unused oil/water separator, vermin and insects, faulty and illegal equipment, no hot water, untreated water and a broken air conditioner. Crew members also complained of poor food, stopped-up toilets, stockpiled human waste, and a pervasive stinking smell.

After they were taken from the ship, the 13 crewmen were housed and fed at the San Pedro Holiday Inn under an agreement with the ship's owners. A month later, however, after the company completed repairs on the ship and moved it to another port with a new all-Filipino crew, the company halted all payments for the crew's hotel and food expenses.

Three days before Thanksgiving on Nov. 22, the Filipino crewmen were evicted from the Holiday Inn. As they were now "illegal aliens without work permits or any means of support," the US Marshals who evicted them then placed them in handcuffs and ankle chains and incarcerated them in the San Pedro immigration detention facility.

The next day, the men were brought to court in chains and released to a local Catholic priest, Father Henry Hernando, and taken to the International Seafarers Center in Long Beach where they were cared for by Patricia Pettit and Mary Bickey.

The crewmen complained that the Philippine Consulate did not even send anyone to the Court to look out for them.
After weeks of depending on donations from religious, welfare and labor groups to pay for their food and daily expenses and frustrated with the lack of money and stable living quarters, the Filipino crewmen decided to hold a press conference.

In their press conference at the Seafarers Center, the crew denounced their treatment by the US Justice Department and US immigration officials, and the lack of support from the Philippine Consulate, which they claimed ignored their pleas for help. The crewmen showed the reporters the chafe marks still visible on their wrists and ankles from the shackles that were placed on them.

In response, US Attorney Carter told the Los Angeles Times that the government had no money to pay for food and shelter for the Filipino crewmen and had incarcerated them to "provide them with a place to stay."

In a press conference held at the Philippine Consulate on Dec. 14 after the Los Angeles Times story broke out on Dec. 12, Los Angeles Philippine Consul General Marciano Paynor reported that he spoke with Carter the day before the hearing:
"On the 22nd, we were not informed that the following day they were going to be brought to court and processed. We were not informed on the 22nd," he said, referring to the phone conversation he had with Carter where they discussed the problem of housing. According to Paynor, the Consulate was requesting the US government to fund the accommodations of the 13 cooperative witnesses.

"We were discussing the issue of who should be responsible for this people because, one, they were here not on their own accord. They did not want to be here any further. But two, they are here because they are being subpoenaed by the US government, specifically by the DA's office to be here as material witnesses," Paynor said.

Paynor reported that he is currently preparing a diplomatic protest about the treatment of the crewmen to be sent to Washington DC. He said the only explanation given by the US government is that US Marshals do not distinguish between the accused and witnesses.

After the crewmen's press conference, the Philippine Consulate found the crew a two bedroom house donated for their exclusive use by a kindly Pinay named Eden Yap. US immigration officials issued the crewmen temporary work permits and monetary donations and offers of employment came. Bicycles donated to them are used by the crewmen to get around and to buy food. Members of the local Filipino community led by DC Grava and Johnny Pecayo have also been visiting them regularly to find out what they need which the community could provide.

The Philippine Consulate also asked the Philippine government to investigate the Manila-based crew hiring agency -- Michael Mar Phils. Inc. -- for withholding the crew's wages, paying them below-contract pay scales and kickbacks.
Although the crewmen want to return to their families in the Philippines as soon as possible, it is not likely as the trial of the case against the Greek ship owner will not take place until February or March of 2005. And they will be the chief witnesses against the shipowner.

The crewmen were informed that a US Department of Justice anti-pollution program provides financial payments to whistle blowers like them with the payments taken from the fines levied against the vessel owners. In one recent case, cooperative witnesses got around $1.2 million.

They will need whatever they can get as the men fear that their days as seafaring crewmen are over as they will be blacklisted by all ship owners and operators for cooperating with the US government.

Unfortunately, their experience at being paraded in court in shackles may also discourage others from cooperating with the US government and testifying against their employers.

If you want to communicate with the stranded Filipino crewmen or to donate money or clothes to them, you may contact chief mate Eugenio Niez, 2nd officer Roy Francisco or chief cook Richard Santillan or the 9 other crewmen at 21914 Dolores Street, Carson, CA 90745.

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