PSC detention review: panels outside the national appeal

A detention review lets a flag State or its RO ask a regional MoU to reconsider a port State control detention, separate from any national court appeal.

A detention review is a procedure run by a regional port State control regime under which the flag State, or the recognized organization acting for it, asks a panel of other member Authorities to consider whether a detention was justified. Under the Tokyo MoU the request goes to the Secretariat within 120 days or 4 months of release, whichever is longer, and is not available once the national appeal has been used; the panel’s findings are not binding and ground no compensation.

The full article will compare the Tokyo and Paris MoU procedures, the panel composition, time limits and outcomes, and the relationship with the right of appeal under national law.