Ocean Viking in position: 33 53 N 012 49 E informs that she launched 2 RHIBs to assess the situation: the boat is adrift, unseaworthy, overcrowded, with about 35 people on board, including women and children, without lifejackets, all exposed to the elements. Ocean Viking informs that she tried to contact Libyan Coast Guard by SAT phone to report the situation, with no avail. Ocean Viking reports that she will proceed to the assistance of these persons in distress and rescue them without delay, while keeping competent RCCs duly informed as:
“This is a case of force majeure (ref.SOLAS Art. IV) imposing to retrieve persons in danger of being lost at sea, as stipulated by the relevant International Maritime Conventions
Relevant shipboard safety and environmental elements have been assessed and it is ascertained MV Ocean Viking has the capacity to recover all of these persons without creating serious danger to the ship and the persons thereon, in line with the provisions of Art. 98 of the UNCLOS Convention. Also, not any risk of pollution will result.“