NCJ Number
62955
Journal
American Journal of International Law Volume: 55 Issue: 4 Dated: (OCTOBER 1961) Pages: 426-428
Date Published
1961
Length
3 pages
Annotation
THE CONCEPTS OF PIRACY, INSURGENCY, AND CRIMINALITY ARE DISCUSSED AS APPLICABLE TO THE SANTA MARIA CASE INVOLVING THE 1961 SEIZURE OF A PRIVATE SHIP BY A PORTUGESE CAPTAIN.
Abstract
CAPTAIN GALVAO STATED THAT HE WAS AN INSURGENT AND THAT HIS PURPOSE IN SEIZING A PRIVATE SHIP WAS TO INITITIATE A REVOLT AGAINST THE PORTUGUESE DICTATOR IN BEHALF OF THE DICTATOR'S CHIEF RIVAL, GENERAL HUMBERTO DELGADO. HE CLAIMED THE COLONY OF ANGOLA AWAITED HIS ARRIVAL. HOWEVER, HIS 'REVOLUTION' BECAME KNOWN ONLY WHEN HE HAD ACTUALLY SEIZED THE SHIP AND USED FORCE AGAINST THE CIVILIANS ABOARD, SOME OF WHOM WERE NATIONALS OF THIRD PARTY STATES. THE CASE AGAINST GALVAO AND HIS CREW MAY BE CONSIDERED CRIMINAL. THE PRACTICE OF THE UNITED STATES IN RESPECTING INSURGENT ACTIVITIES OF LATIN AMERICAN COLONIES AGAINST THE MOTHER COUNTRY IS NOT APPLICABLE. GALVAO AND HIS FOLLOWERS KILLED AND ROBBED ON THE HIGH SEAS, TERRORIZED THE CREW, AND PUT THE CAPTAIN OF THE SANTA MARIA UNDER ARREST. THE ARRIVAL OF GALVAO IN A BRAZILIAN PORT RAISED OTHER INTERESTING ISSUES. SINCE GALVAO SURRENDERED, PRESIDENT QUADROS COULD OFFER HIM AND HIS MEN ASYLUM. HOWEVER, PORTUGUESS DEMANDS FOR EXTRADITION WOULD SURELY BE MADE AND THE CASE COULD HARDLY BE CONSIDERED POLITICAL WHEN GALVAO HAD HELD NO PUBLIC OFFICE PRIOR TO STARTING HIS 'INSURGENT' MOVEMENT. HAD IT NOT BEEN FOR THE DEATH OF A CREW MEMBER, THE WHOLE INCIDENT COULD HAVE ONLY BEEN CONSIDERED HUMOROUS. FOOTNOTES ARE INCLUDED IN THE ARTICLE. (LWM)