The United States says it intends to prosecute the captain and first officer of a Russian-flagged tanker which it seized in the North Atlantic.
American authorities took control of the Marinera on 7 January south of Iceland before escorting it to Scotland’s Moray coast.
The captain, Georgian national Avtandil Kalandadze, and an unnamed colleague were taken onboard the US coastguard vessel Munro on Tuesday.
In a statement, the US Embassy in London told BBC News that two members of the crew “remain in US custody following their lawful arrest for violation of US law.”
The embassy said the men would be “brought to the United States to face prosecution” in a US court.
They said the remaining 26 crew members had disembarked from the ship, adding their repatriation was being handled “in line with standard UK immigration and legal procedures”.
In a statement to the Scottish Parliament, First Minister John Swinney said all 26 would be “repatriated to countries of their choice over the course of today and tomorrow.”
Earlier this week, the Court of Session in Edinburgh rejected a request by lawyers for the captain’s wife, Natia Dzadzamia, to stop the US removing her husband from Scottish jurisdiction.
The judge, Lord Young, said the 1978 State Immunity Act meant he did not have the power to make such an order against a foreign government.
Dzadzama’s lawyers had argued Kalandadze should be protected by the Scottish courts and European human rights law.
There was broad agreement at Holyrood that the US had been right to seize the vessel but some disquiet about the fate of its captain and crew.
“Our sovereignty has been violated, our courts have been defied and a foreign military has abducted two people from our territory,” said Scottish Green Party co-leader, Ross Greer.
Swinney said he understood “the strength of feeling on this issue.”
The US has accused the Marinera, formerly known as the Bella 1, of breaching sanctions by carrying oil for Venezuela, Russia and Iran.
The UK government backed the operation to seize the tanker, saying it was a lawful action against a vessel involved in breaking sanctions.
The Ministry of Defence (MoD) provided operational support and US planes used UK airfields, including some in Scotland.
But the Russian government denounced the seizure, demanding that the US treat Russian nationals aboard properly and allow them to return to Russia quickly.
In Wednesday’s statement, the US Embassy said the “United States and the United Kingdom are coordinating regarding the status, processing, and prospective repatriation of crew members from the Bella 1.”
It said the vessel had been “interdicted” in international waters and moved into UK territorial waters “for safety reasons.”
The statement added that “US and UK officials across several agencies are working together closely to determine a way forward for final disposition of the ship.”
At Holyrood, Swinney also called for “proper lines of communication” with the UK government, after saying ministers in Edinburgh had been left in the dark about the US-led operation.
He said his government was not told in advance about the captain and first officer being taken into US custody.
He insisted that Scottish ministers and officials had followed proper legal processes.
Asked by Labour MSP Neil Bibby if he had received security briefings from the UK government, the first minister confirmed they had been provided.
The UK government has previously defended its dealings with Swinney’s government, with Scottish Secretary Douglas Alexander saying it was “very clear” that defence and foreign affairs were under the control of Westminster not Holyrood. Source: BBC
