Ramis SAĞLAM
İzmir
The São Paulo nuclear aircraft carrier, which was planned to be brought from Brazil to Aliağa, containing hazardous materials, set sail on 4 August. According to the report of The Globo News, one of the important daily newspapers of Brazil, dated 5 August, shortly before the São Paulo was to leave Brazilian territorial waters, the Supreme Court issued a "Turn back" decision. But the ship is about to leave Brazilian territorial waters.
PRECAUTIONARY MEASURE DECISION TAKEN
The São Paulo/Foch Institute said it was racing against time to prevent the São Paulo, the largest aircraft carrier the country has ever owned, from leaving Brazilian waters for Europe.
The São Paulo, which was auctioned last year for 10.5 million Brazilian reais ($1.85 million), was floated from Brazil's Guanabara Bay on the morning of Thursday 4 August 2022 with the Alp Center tugboat and set sail for Turkey.
Within the scope of the lawsuit filed last year as a result of the objection to the tender, the court issued a "precautionary injunction" for the ship to return to Guanabara Bay, where it was anchored, on the afternoon of Thursday 4 August.
THE DECISION HAS NOT YET BEEN FULFILLED
According to the report of The Globo News, it was informed that according to the available satellite images, this decision has not yet been fulfilled and that São Paulo is near the Lagos Region.
In the news, it was stated that São Paulo is close to crossing the Brazilian border, it is becoming difficult to reverse this situation, the ship is moving northwards and it is estimated that it will leave Brazilian territorial waters in up to three days, while it may also be possible to change its route.
Following the purchase, SÖK Denizcilik granted a 120-day deadline for the São Paulo to leave Brazil. Although the deadline expired in September 2021, the transaction was not fulfilled.
The São Paulo/Foch Institute had alleged a number of irregularities in the conduct of the tender, such as the rejection of the objection and the reversal of the stages. It was also alleged that the ship contained tonnes of asbestos and that the necessary environmental inspections had not been carried out.
Emerson Miura, Director of the São Paulo/Foch Institute, stated that they do not know the condition of the asbestos today, "On my last visit to the ship in 2018, the material was still there, still covered. However, we do not know its condition today. Asbestos is a substance that can cause cancer, and its transport must be done with great care. We know that asbestos was widely used as a heat insulator on ships in the 60s."
INJUNCTION NOT COMPLIED WITH
Miura stated that he was "blocked" by stating that only buyers interested in the recycling of the aircraft carrier would be accepted. In the news, it was underlined that the Institute had previously failed to obtain an injunction for the cancellation of the acceptance of the tender.
With the news that the floating of the São Paulo aircraft carrier began on Thursday, Federal Judge Wilney Magno de Azevedo issued an injunction to "prevent the ship from leaving its location until the Federal Attorney General's Office (MPF) receives a judicial authorisation to the contrary".
When this order was not complied with, the Supreme Court issued a similar order on 5 August.
SÖK MARINE COULD NOT BE NOTIFIED
Another accusation against São Paulo was that the 72-hour notice procedure was not followed.
It was claimed that São Paulo, anchored at Ilha das Cobras in Guanabara Bay, did not respond when contacted. Sök Denizcilik, whose address could not be determined, could not even be summoned to court. The decision of the Brazilian Attorney General's Office was recorded as "not served".
IRREGULARITIES IN THE TRANSPORT OF ASBESTOS
According to Brazilian legislation, in order to participate in the tender, Sök Denizcilik had to have operations in the country and establish a partnership with a national maritime agency. In 2021, a contract was signed with Cormack, which purchased the aircraft carrier São Paulo. Cormack then transferred ownership of the São Paulo to Sök Denizcilik.
It was claimed that Cormack unilaterally terminated the contract with Sök Denizcilik, and the reason for the termination was allegedly "the way Sök Denizcilik handled the asbestos on board".
The decommissioned aircraft carrier is officially recognised as a "ship hull" and the asbestos, which is banned in Brazil, had to be removed along with other materials for export.
"HIGH DEGREE OF ASBESTOS"
According to Alex Christo Bahoz, the lawyer for Sök's former partner in Brazil, Cormack Shipping Agency, certain procedures were ignored.
Bahoz claimed that the Brazilian Ministry of Environment and Natural Resources (IBAMA), which was supposed to conduct an on-site inspection, authorised the export with a report based solely on information provided by Sök Shipping, including the amount of asbestos on board.
Bahoz said, "There is an excessive amount of asbestos on this ship. It cannot leave the country like this. It is against the Basel Convention, to which Brazil is a party, which includes regulations on the import of toxic waste."
Bahoz said that about 50 employees had to work under dangerous conditions on the aircraft carrier for a year to prepare its transport to Turkey, adding, "Asbestos is a highly carcinogenic substance and the particles are suspended in the air on the ship. There are 17 tonnes of asbestos in one compartment alone. Comarck had a different opinion on this issue. Because Sök Denizcilik had not disposed of the asbestos. When asked, the Brazilian Ministry of Environment and Natural Resources said that the material would be removed on arrival in Turkey, which is against the law. The aircraft carrier's radiation certificate, another requirement, was also provided by a company in Turkey without an on-site inspection. This ship dates from the 1960s and has been involved in nuclear tests. The plates can trap radiation. Even São Paulo's twin, the Clemenceau, was found to be still radioactive when it was dismantled in Scotland."
Ceren Sözeri
Yusuf Karadaş
Aras Coşkuntuncel