ILO Home
Go to the home page
Contact us Français - Español
> Home   > List all cases

Nika Fortune

IMO8933095


Abandonment ID: 00380
Ship name:Nika Fortune
Flag:Palau
7-digit IMO no.:8933095
Port of abandonment:Varna, Bulgaria
Abandonment date:29 December 2018
Notification date:15 January 2019
Reporting Member Govt. or Org.:ITF
No. of Seafarers:9
Nationalities:Russian Federation(2); Ukraine(7)
Circumstances:The vessel was detained for unpaid wages in Rostov on Don. The vessel left the port without full clearance. Upon arrival at the port of Varna, and after consultations with the Paris MoU, the vessel was immediately detained by PSC.
Actions taken:6 December 2018: Vessel arrested by the Port State

29 December 2018: Flag State informed

17 January 2019: Provisions provided
ARSENAL INSURANCE COMPANY
Moscow, Russia

As you are probably aware the agent Maritime Group Ltd has refused to deliver
the provision + water to the vessel and as of January 5, 2019, the owners /
charterers are transferring the funds to the personal credit card of Master of the
vessel (Mr Milakin Aleksandr Vladimirovich) and the crew are arranging a provision on
board using their own efforts. A copy of the payment slips TTL RUR 90000 (USD 1345)
are enclosed for your reference including the receipts from the supermarket
(expecting more from Master). As of today, the vessel has enough provision until January
23, 2019.
10 tons of water is also pre-paid. A copy of the transfer is enclosed. The water will
be connected to the vessel tomorrow January 18, 2019 by Varna West Port Terminal.

Tatiana Matvievskaya
Director
Repatriation status:18 February 2019: Repatriation pending
No announced plans for repatriations

Payment status:5 December 2018: Payment Pending
$86637 USD as at 5 Dec 2018
Between 2 and 5 months


21 January 2019: Partially paid
ITF Inspectorate in Bulgaria accepted the owner’s letter and advised that next payments to be done on 21 Jan 2019 and full cover of due wages until 7 Feb 2019.

18 February 2019: Partially paid
The agreement period has expired. The seafarers wages account has received $37003 and yet $70927 of wages are due to the crew. There is no information available regarding the rest of the salaries.

14 March 2019: Payment Pending
Master is due 38' 318 USD
Chief Engineer is due 15'756 USD
2nd Engineer is due 15'442 USD
Bosun is due 1'642 USD
Comments and Observations:ITF (15 January 2019)
Dear Julia

Please find attached an abandonment report for the vessel Nika Fortune, currently abandoned at Varna, Bulgaria.

We have received notice from the P&I club stating that they do not believe that crew wages are covered by the MLC. The shipowner denies that any assistance is needed and the P&I club has denied responsibility for wages.

Kind regards

Jonathan


Jonathan Warring
Senior Legal Assistant

International Transport Workers' Federation
ITF House, 49-60 Borough Road, London, SE1 1DR
Email: warring_jonathan@itf.org.uk
Direct tel: +44 (0) 20 7940 9336
Mobile: +44 (0) 7825 516 809
Web: www.itfglobal.org



Govt. of Palau (21 January 2019)
Dear Mr. Jan de Boer,

We acknowledge safe receipt of your email and we will revert with our feedback within the below deadline.

Sincere Regards

Vice Admiral HCG (rtd) Nikolaos A. Themelaros
Human Element
Palau International Ship Registry

Govt. of Palau (22 January 2019)
Palau International Ship Registry is going to monitor that the payment to the crew have been completed as agreed by 21st January 2019 (partial coverage) and by 7th February 2019 (full coverage) and communicate with the vessel’s master to confirm the same.

Vice Admiral HCG (rtd) Nikolaos A. Themelaros
Human Element Director


ITF (18 February 2019)
Dear all,

I would like to update on the current situation on board MV NIKA FORTUNE.

1.The agreement period has expired. Attached you can find up to date wage account for the received($37003) and yet due($70927) wages of the crew. No information regarding the rest of the salaries.
2.Available fuel on board - none
3. Available water is 5 tonnes.
4. On the 14th of Feb food was supplied through ship chandler for 10 days .
5. Last week PSC has served to Master new detention order on the vessel based on a court decision from a bunker supplier who haven’t received his payment back in August
6. Some of the crew were instructed by shipowner/charterer that they are no longer serving on board as seafarers and are as passengers without salary. This leads the vessel to be under manned.
7. No announced plans for repatriations


Best regards,

Vladimir Miladinov

ITF Inspectorate Office
Bulgaria



ILO/IMO (14 March 2019)
Dear Messrs. Themaloros, Alperta and Kanai,

I refer to the very alarming message with attachment that I just received from Mr. Vladimir Miladinov, ITF Inspectorate Office Bulgaria, regarding the abandoned crew on the ‘NIKA FORTUNE’ (IMO Number 8933095) in the port of Varna, Bulgaria.

On 22 January 2019 Mr. Nikolaos Themelaros, Human Element Director of the Palau registry, informed IMO that the Palau International Ship Registry was going to monitor the completion of the payments to the crew as apparently was agreed. I am now very embarrassed to read in the attachment to Mr. Miladinov’s message that contrary to all guarantees that Palau has given ‘the vessel now is in total blackout which is a huge risk to the safety of the vessel, of other vessels berthed nearby, of the port's infrastructure, of port workers and the lives of the crew themselves. They also continue having irregular and insufficient supplies of basic amenities, like food and water and that there is only enough food to last for 5 days.’ The crew also states that they are no longer able to stand this humiliation and slavery but also that the vessel has a valid insurance as required by the Palau Flag laws and MLC2006 regulations

In view of this information I would call once again on the flag State authorities of Palau to take up their responsibilities with the insurance company and to provide for the necessary provision, fuel and water on an urgent basis to the crew on board the ‘NIKA FORTUNE’.

Furthermore, MLC Standard A2.5.1 para 5 states that the competent authority of the Member whose flag the ship flies shall arrange for repatriation of the seafarers concerned if a shipowner fails to make arrangements for or to meet the cost of repatriation of seafarers who are entitled to be repatriated.

Because also the humanitarian situation for the crew has become unacceptable I call on your assistance for the immediate payment of all outstanding wages as was agreed and immediate repatriation of the crew members.

I sincerely hope that you understand the sense of urgency regarding this violation of basic human rights. Needless to say that the issue of abandonment cases will be discussed at IMO in London during the upcoming meeting of the Legal Committee from 27-29 March.

I am looking forward to hearing from you at your earliest convenient.

Kind regards,


Jan de Boer
Senior Legal Officer
Legal Affairs Office
Legal Affairs and External Relations Division





ITF (14 March 2019)
The vessel now is in total blackout - 0 tonnes of fuel- huge risk to the safety of the vessel,
other vessels berthed nearby, the port's infrastructure, the port workers and the seafarers lives. The crew continues having irregular and insufficient supplies of basic amenities, like food and water: there are 10 tonnes of water, enough food to last them for 5 days only.

ILO/IMO (17 April 2019)
Dear Messrs. Themaloros, Alperta and Kanai,

Further to my previous message on 14 March 2018 I just received a second very alarming message from Mr. Vladimir Miladinov, ITF Inspectorate Office Bulgaria, regarding the abandoned crew on the ‘NIKA FORTUNE’ (IMO Number 8933095) in the port of Varna, Bulgaria.

Please could you inform me about the actions that you currently have undertaken as the responsible flag State with the insurance company and also how you are going to provide for the necessary provision, fuel and water to the crew?

Because the humanitarian situation for the crew has become really unacceptable I once again call on your assistance for the immediate payment of all outstanding wages as was agreed and immediate repatriation of the crew members.

I am looking forward to hearing from you at your earliest convenient.

Kind regards,
Jan De Boer

Govt. of Palau (17 April 2019)
We have never stopped watching the "NIKA FORTUNE" case, this issue has become a matter of great concern as we are constantly in contact with the owners but the information we receive are contradictory. For example now we have a recent letter, on the 11th of April from the master Sergei Simonovich, the chief engineer But Yuri Victorovich & 2nd engineer Yevenii Zinchenko complaining that they are left abandonned on board, whereas their payments orders have been submitted to our office, for the master we have even a copy of his repatriation ticket...
In conclusion there should be no doubt that we have done and we are still doing the best in the scope of our authority as Palau Administration, always according to the Law [Admiralty and Maritime Law (Refer to TITLE 7, section 827, par. (d)].
Further and for proof of the above, we have already appointed our regional flag inspector Vladimir Kostov to go aboard and investigate the case according to our specific instructions...

We shall revert with more news following our Flag inspection...

Vice Admiral HCG (r) Nikolaos A. Themelaros
Human Element


 
Entered: Tuesday - 2 April 2019 at 18:41:36
Last updated: Thursday - 18 April 2019 at 14:24:19
^ top


In collaboration with the International Maritime Organization