Somali Pirates: NATO - Taking on the pirates

Challenges and stuff in dealing with pirates that no one seems willing to punish.

An older video from the NATO Channel: "NATO - Taking on the pirates"

Somali Pirates: Royal Danish Navy Frees Hostages, Nabs Pirates

Following on the U.S. Navy's rescue of an Iranian fishing boat crew and capture of pirates (see here), comes this report, "Danish Warship Frees 14 Hostages in Somalia Action":

A Danish warship freed 14 Iranian and Pakistani hostages following a seaborne action against alleged pirates off Somalia's coast, the Danish Navy said late Saturday.

"The operation took place as planned and without harm to the ship's crew, the hostages or the pirates," said Carsten Fjord Larsen, Captain of the warship Absalon, which conducted the action, in a press statement.

The Danish Navy is now considering what further action to take with the 25 alleged pirates who were found on board, and how to send home the hostages.

HMDS Absalon

On Saturday morning, the Absalon, which is part of a NATO-led anti-piracy operation, pursued a fishing boat it had suspected of being a pirate mother ship for some time, off Somalia's coast in the Indian Ocean.

"After three hours, the 25 pirates gave themselves up. Some began to throw their weapons overboard, and others followed," Larsen told DR News, Denmark's public broadcaster.

The Absalon fired warning shots and gave verbal instructions to the pirates to surrender, he added.

On inspection, the fishing vessel, which was previously hijacked by pirates, was found to contain small motor boats and fuel, allegedly used by the pirates.

Both alleged pirates and hostages are now being registered and questioned, while the fishing vessel is held alongside the Absalon with a view to returning it to its rightful owner.

Somali Pirates: Danes Rescue Hostages, Kill and Capture Pirates

Esbern Snare

Reported as "ESBERN SNARE has been in a firefight with a pirate mother ship":

During patrols along the Somali coast on Thursday 12 May the morning approached ESBERN SNARE himself a pirate mother ship. Since ESBERN SNARE tried to stop the mother ship with Cry, was the pirate mother ship opened fire on ESBERN SNARE who immediately returned fire.

Shortly after the exchange of fire was from the pirate mother ship tossed more weapons overboard and were showing signs of surrender.

ESBERN SNARE subsequently took control of the pirate mother ship.

"Pirate mother ship after the surrender."- Royal Danish Navy Photo

44 people on the pirate mother ship
On board the pirate mother ship, there were 16 Iranian hostages and 28 presumed pirates. Were also found several weapons and other pirate-related equipment.

Following the gunfight, four suspected pirates killed. In addition, 10 others wounded, while 14 remained unharmed. All ten wounded pirates treated on board ESBERN SNARE.

They killed four suspected pirates have been buried at sea according to NATO procedures and taking account of Muslim traditions.

Hostages freed
The 16 Iranian hostages will be expected to look forward to an early reunion with their families.

The 24 suspected pirates are provisionally detained on ESBERN SNARE, while the Danish authorities to explore the possibility of prosecution.

Somali Pirates: Danes Suggest Sinking Pirate "Mother Ships"

Reported as "Denmark’s ruling party proposes sinking ships to disrupt piracy":

Denmark's ruling party, the Liberal Party, on Tuesday proposed that the Danish navy should be able to sink mother ships to disrupt piracy, the Politiken newspaper reported.

Liberal Party spokesman Michael Aastrup Jensen said that the mother ships are used as platform for skiffs which are used by pirates to attack merchant and other vessels in diverse areas.

Jensen added that the proposal on how to combat piracy will be published on Tuesday. The Liberal Party also proposed that Danish naval mandate should allow to board and confiscate pirates' mother ships.
***
Nils Wang, current Commanding Officer of the Danish Defense Academy, said that a wider strategy is needed for anti-piracy operations in the Indian Ocean than simply chasing pirates.

"There are many different initiatives that have to come into play, and the pirates have to be helped to get back into fisheries," said former officer of the Admiral Fleet Denmark. "The problem is that overall, what is going on in anti-piracy is relatively uncoordinated, and that is a major problem."

Wang proposed that the United Nations sets up a new and efficient coastguard, in which Denmark could contribute. Wang's proposal calls for foreign ships to pay fishing licenses so that Somali pirates can once again work as fishermen.
***

"...{Anti-piracy is relatively uncoordinated, and that is the major problem." Okay - you put your finger on the problem - but who will lead the way to a solution?

The same internationalists who up to now have been wringing their hands and dithering? The crowd that thinks passing a strongly worded UN resolution is the same as doing something?

The same folks who will worry about whether the Danish flag is just too un-PC to go after largely Muslim pirates?

Denmark!

In a neatly related note, Norway has suggested arming its merchant ships to fight pirates, as set out here:

Norway is considering arming Norwegian ships to protect crews from piracy, Industry Minister Trond Giske Friday tells business daily Dagens Naeringsliv.

Giske said he will present proposals Friday for new regulations to combat piracy.

"Mafia organizations are involved in piracy. These are no[t] poor kids who row out and highjack big boats," Giske said.

The Norwegian Ministry of Trade and Industry calls for regulation on the use of armed guards in accordance with the Ship Safety Act, and the Ministry of Justice has prepared a regulation change that would allow Norwegian-registered ships temporarily to have firearms on board.

Somali Pirates: Hijack Danish Family Including 3 Children

BBC reports Somali pirates 'seize Danish children' in Indian Ocean:

Three Danish children and their parents have been snatched by pirates who hijacked their sailing boat in the Indian Ocean, Danish officials say.

Denmark's foreign ministry said the children were aged between 12 and 16, and that two Danish crew members were also captured during the attack.

Pirates seized the boat on 24 February and were said to be heading to Somalia.
***
The foreign ministry told the AP news agency that the ship sent a distress signal on Thursday: "It has now been confirmed that the sailboat was hijacked by pirates."

The Danes are be the second group of non-commercial sailors seized by pirates in recent weeks.

This is not the time to debate the wisdom of sailing into a known danger zone with your family. Instead, the discussion ought to be about whether the pirates have enough compassion to free the family and, if they don't, what steps need to be taken to (a) get the family released alive or (b) punitive measures to be employed if any harm is done to these and other hostage.

Somali Pirates: Busy Time

First, a report of a hijacked ship here:

February 12, 2011
Latitude: 19°26N Longitude: 063°29E
Alert number 091 / 2011.
***This vessel has been hijacked***
At 1931 UTC / 12 FEB 11 / a merchant vessel was reported hijacked by pirates in position above, 234T / 13 kts.

UPDATE: MSC(HOA) reports:

On the afternoon of 12 February, the MV SININ is believed to have been pirated approximately 350 nautical miles East of Masirah (Oman) in the North Arabian Sea.

The vessel, which has a crew of 23 (13 Iranian and 10 Indian nationals), sent out a distress signal, saying she was under attack, late afternoon on Saturday to which an aircraft from the Combined Maritime Forces (CMF) immediately responded. The aircraft photographed 2 suspected pirate skiffs on board the vessel. There has been no communication with the ship since the distress signal was sent and the MV SININ has now changed course towards the Somali coast. There is no information on the condition of the crew.

The MV SININ is a Maltese flagged and owned Bulk Carrier. She has a deadweight of 52,466 tonnes and was on route to Singapore from Fujairah (UAE) when she was attacked. The ship was not registered with MSC(HOA) and was not reporting to UKMTO. EUNAVFOR is monitoring the situation.

MV Sinin may be one of the Islamic Republic of Iran Shipping Lines suspect vessels. It does appear on the OFAC SDN list here. OFAC is the Office of Foreign Assets Control (OFAC) located in the U.S. Department of Treasury. What that means is:

As part of its enforcement efforts, OFAC publishes a list of individuals and companies owned or controlled by, or acting for or on behalf of, targeted countries. It also lists individuals, groups, and entities, such as terrorists and narcotics traffickers designated under programs that are not country-specific. Collectively, such individuals and companies are called "Specially Designated Nationals" or "SDNs." Their assets are blocked and U.S. persons are generally prohibited from dealing with them.

From the OFAC SDN list:

SININ Bulk Carrier 52,466DWT 30,064GRT Malta flag (IRISL); Vessel Registration Identification IMO 9274941 (vessel) [NPWMD]

Same IMO number as MV Sinin found at Vessetracker.com:

Type of ship: Cargo Ship IMO Number: 9274941 Flag: Malta MMSI Number: 256206000 Length: 183.0m Callsign: 9HOD8 Beam: 32.0m

See here for an earlier post on the IRISL ships.

Then a BBC report of a pirate mother ship being captured by a Danish warship here:

A Nato warship has captured a suspected pirate mother ship off Somalia, Nato's counter-piracy mission has said.

It said Denmark's warship fired warning shots on Saturday, forcing the vessel to stop and its crew to surrender.

Sixteen suspected pirates on board were then held and a weapons cache seized. Two Yemeni hostages were also freed.

HDMS Esbern Snare (NATO photo)

"These ships provide the pirates with a floating base. They pose a great threat to the merchant shipping," the chief officer of the Danish warship said.

"We have now eliminated one of these threats," Commander Haumann of HDMS Esbern Snare warship said.

Somali Pirates: Danes on the Attack

The Danish Navy ship Esbern Snare takes out a pirate "mother boat" as reported here:

Command ship ESBERN SNARE has patrolled along the Somali coast and blown away one of the pirates' mother ships. This limits the pirates' ability to operate far from shore.

In the past few days, NATO has had ESBERN SNARE inserted into an intelligence operation along Somalia's east coast. For this task ESBERN SNARE took yesterday a mother ship that serves as a pirate supply base out in the open ocean.

This mother ship with six suspected pirates were examined by an ESBERN SNARE boarding team, which took several effects that can be used for piracy. Among the effects were weapons and large quantities of fuel.

After ESBERN SNARE had secured evidence and confiscated equipment that can be used to pirate attacks, the suspected pirates were transferred to ESBERN SNARE and later returned to the [Somali] coast. The mother ship was blown up. (Google translation)

Go Danes!

Somali Pirates: Nab Japanese Ship and Filipino Crew, Remain Very Active in Indian Ocean

EU MSC(HOA) reports here:

On the afternoon of 10 October, the owners of the Panama-flagged MV IZUMI reported that they had received an automatically released distress signal indicating that the vessel was likely to be under pirate attack.

The Danish warship HDMS ESBERN SNARE of the NATO counter piracy force was dispatched to intercept and investigate.

In the early hours of 11 October the captain of the vessel made contact with the Danish warship, stating that pirates were in charge of the MV IZUMI.

EU NAVFOR French warship FS FLOREAL is now monitoring the pirated vessel which is presently 170 nautical miles South of Mogadishu.

The MV IZUMI, deadweight 20,170 tonnes, has a crew of 20, all Filipinos.

More from the AP here:

The Izumi is operated by NYK-Hinode Line, Ltd and was traveling between Singapore and Mombasa, said Yuki Shimoda, an official at Japan's Transport Ministry. It was not immediately known what cargo the 14,152-ton Izumi was carrying.

Somali pirates now hold 18 ships and 389 crew. The sailors are not usually hurt or killed but can be held for months while their captors negotiate a multimillion-dollar ransom.

In addition to this ship capture, the pirates have unsuccessfully attacked other ships in the Indian Ocean, as is this attack on Sunday, 10 Oct 2010, reported by the IMB here and on the map nearby:

10.10.2010: 1115 UTC: Posn: 04:59.4N – 067:06.4E Around 1300 nm ExN of Mogadishu,(Indian Ocean) off Somalia.

Four pirates armed with AK 47 and RPG chased and opened fire on a bulk carrier underway. The master enforced all anti piracy measures and contacted the 24 hour IMB Piracy Reporting Centre (IMB PRC) for assistance. Duty officer at the IMB PRC immediately contacted the relevant authorities requesting assistance for crew and vessel and also broadcast a warning to all ships. Due to effective anti piracy preventive measures onboard, the skiff aborted the attempt. All crew safe. Vessel sustained damages.

NATO Shipping Center information:

SOMALIA PIRACY UPDATE 11 October 2010

October 11 2010
WARNING SOMALI BASIN
Latitude: 09 52 S Longitude: 040 08 E
Alert number 425 / 2010. ---ALERT UPDATE---
Reference previous Alert number 423 / 2010.
At 1848 UTC a merchant vessel was reported under attack by pirates in position 09 52 S 04008 E.
***This vessel managed to evade hijack***
The Pirate action group is still in the area.
----------------------------
October 10 2010
WARNING Somali Basin
Latitude: 01 39S Longitude: 042 05E
Alert number 424 / 2010.
At 1309 UTC a merchant vessel is Hijacked by pirates in position 01 39S 042 05E .
-----------------------------
October 10 2010
WARNING Somali Basin Tanzanian Coast
Latitude: 09 52S Longitude: 04008E
Alert number 423 / 2010.
At 1848 UTC a Merchant Vessel is currently under attack by 1 skiff 5POB in position 09 52S 04008E.
-----------------------------
October 10 2010
WARNING Indian Ocean
Latitude: 04 49 N Longitude: 067 06 E
Alert number 422 / 2010.
At 101134Z a merchant vessel was attacked by pirates in position 04 49 N 067 06 E. Vessel was attacked by 1 skiff with white hull and 4 POB. Shots were fired. All crew is unharmed. Vessel is safe.

And a NATO warning here:

Updated Oct 11th morning

As the monsoon continues to abate in northeast and southwest Somali Basin and the Arabian Sea, the risk of pirate attacks on merchant vessels also increases. Temporarily poor weather, particularly along the central Somali Coast will continue to constrain pirates’ activities in the short term.

In the northeast Somali Basin it is likely that at least one pirated dhow is active in the shipping lanes as evidenced by the reported approach of a suspect skiff on the MV ZIM ATLANTIC approximately 200nm north east of Socotra Island on 05 Oct.

To the east, reporting indicates that a pirate mother ship is operating within an area of 200nm radius from 06 degrees 50 minutes north and 65 degrees 00 minutes east. We assess that this vessel is probably the FV TAI YAUN 227, which is under the control of pirates. Masters should note that the FV TAI YUAN 227 is also a white hulled fishing vessel, approximately 50 metres long, with the registration numbers BH3Z87 painted in large black letters on the hull.

News

Oct 10th MV Kavo Portland was attacked in position 04°49N 067°06E, but luckily evaded the attackers, it is assessed that the pirate action group is linked to the pirates onboard FV Tai Yuan 227. Pirates maybe active in an area of more than 100 NM from the position above, mariners are advised to transit the area with caution.

Danes to Fight Piracy at Source

Reported at Shiptalk:

She [Gitte Lillelund Bech, the Danish minister of defence] wants Danish soldiers in Africa to set up coast guards, and to help African nations implement fishing controls, as it is believed that most Somali pirates were originally fishermen who turned to piracy after other nations emptied the Somali waters of fish.

Nice plan. Hope it works.

Of course, there are some folks in Somalia who are not so happy about outside assistance, as noted here:

Jihadist cells in Mogadishu are increasingly fragmented and answer to no one.

Some have targeted national aid workers and civil society leaders.

This has infused political violence with a high level of unpredictability and randomness in Mogadishu, eroding the ability of Somali aid workers, businesspeople, and civic figures to take calculated risks in their movement and work.

The US State Department’s Trafficking in Persons Report, published in June 2009, noted the widespread use of children in fighting forces in the country.

Extremist groups opposed to the TFG, such as the Al Shabaab, conscript and recruit children as young as eight years, including girls, to plant bombs and carry out assassinations.

Lovely, religious people those jihadists.

I don't believe they are going to be thrilled with the Danish flag:

On the other hand, there is a history thing:

Littoral combat ships. Old style.

Somali Pirates: Clipper brings blackmail charges against pirates

Hat tip to Lee for pointing out a new legal avenue being tried by Clipper Project Ship Management A/S against Somali pirates in the capture of CEC Future as set out in Clipper brings blackmail charges against pirates:

Until now the piracy prosecution process has primarily been driven by the authorities only a passive participation by shipping companies and other relevant parties

Clipper says it is now taking an active role by adding a new element to its anti-piracy effort.

Although the vessel has a different flag and management, Clipper has now found a way to bring charges forward.

It is acting through the Special International Crimes Office in Denmark which holds national responsibility for legal proceedings concerning serious international crimes.

The principle behind the charge is a paragraph within the Danish Criminal Code which states that the Code can be enforced when the criminal act is effectively taken against a Danish company: in this case Clipper Project Ship Management A/S, based in Copenhagen.

As noted in the article Clipper faces more than a few obstacles in pursuing this matter.

Photo from here.

Somali Pirates: Early Report - Danish Forces Free Captive Ship and Crew

Reported here:

Danish special forces stormed a ship captured by armed Somali pirates Friday and freed the 25 crew on board, an EU naval spokesman said, marking the first time a warship has intervened during a hijacking.

After the vessel Ariella sent out a distress signal early Friday, the Danish warship Absalon sent a helicopter to confirm the presence of pirates, and communicated with the crew to ensure they were in a safe location, said Cmdr. John Harbour, spokesman for the European Union Naval Force.

Then Danish special forces aboard the Absalon approached the Ariella in inflatable dinghies. The forces scaled the side of the ship and freed the 25 crew, who had locked themselves in a secure room, Harbour said. The forces continued to search the vessel for the pirates.

More here.

UPDATE: EU statement:

EU NAVFOR SUPPORTS NATO IN RESCUE OPERATION IN IRTC

05/02/2010 14.56 UTC

Early on the morning of 5 Feb 2010, the M/V ARIELLA came under attack from Somali pirates who were able to get onboard and attempted to take control of the ship.

The ARIELLA was sailing in a “Group Transit” within the International Recognised Transit Corridor (IRTC) under the protection of Coalition navies. An alert went out, picked up from an Indian Warship TABAR who sent out a general message on the Mercury communication system. An EU NAVFOR French Maritime Patrol Aircraft (MPA) was quickly on the scene and confirmed a sighting of armed pirates on the deck of the ARIELLA. The MPA made contact with Battle Watch Officers from the NATO Danish Warship ABSALON from CTF 508.

The NATO ship ensured that the crew onboard were safe before the decision was made to send in the specialist teams. At the same time as NATO ship ABSALON boarded ARIELLA, sailors from the Russian Navy ship Neustrashimyy who was operating nearby, successfully boarded and detained a second pirate skiff. The ongoing co-operation between the maritime partners, the EU Naval Force (EUNAVFOR) and NATO Combined Maritime Force 151 (CMF 151), together with maritime nations, such as the Russian and Indian navies led to the successful release of M/V ARIELLA.

M/V ARIELLA is an Antigua and Barbuda Flagged vessel owned by Splosna Plovba, International Shipping and Chartering Ltd, Slovenia. She has a crew of 25 and the nationalities are 1 Bulgarian, 15 Filipino, 1 Slovakian, 1 Indian and 7 Ukrainian and they are all safe. The ship was registered with MSC HOA, was in contact with UKMTO and was part of a Group Transit when she was attacked.

EU NAVFOR strongly recommends that all vessels that transit through the high risk areas, namely Gulf of Aden, Somali Basin and Indian Ocean implement their ships security plan that follows all guidance and advice that is set out and contained in Best Management Practices (BMP). Reference should be made to MSC HOA website www.mschoa.org.

EUNAVFOR SOMALIA Operation ATALANTA main tasks are to escort merchant vessels carrying humanitarian aid of the ‘World Food Program’ (WFP), to protect vulnerable ships in the Gulf of Aden and Indian Ocean and to deter and disrupt piracy.

Info on Danish ship Absalon.

Ariella photo by William Davis at Shipspotting.com and used in accord with terms therein.

Danish Anti-Piracy Fleet

Well, here's a way to put your shipyards to work:
Denmark plans anti-pirate fleet

Denmark is reportedly planning to build a fleet of patrol ships for African coastguards to fight Somali pirates.

The Danish Shipowners’ Association has been talking to a range of East African countries about a plan, Maritime Danmark reported.

The DSA was not available to discuss details with Fairplay today, but the Danish newspaper DR Nyheder reported that the project would be worth hundreds of millions of dollars. The plan would see the fleet built at Danish yards, financed in part with money from the UN’s development aid budget.

Somali Pirates: Pirate Attack on Chinese Ship Halted

As set out here:

The Danish flexible support ship HDMS Absalon (L 16) successfully deterred an attempted pirate attack on the Chinese M/V Yandanghai at approximately 1:30 p.m. Wednesday.

Absalon closed on the coordinates given by the Chinese ship following their distress call and spotted a skiff matching the description given by the captain of the motor vessel. A Danish boarding team then boarded the suspected skiff, finding several weapons, including a rocket-propelled grenade (RPG), four AK-47 assault rifles, two grenades and a knife. The weapons were cataloged and confiscated.

The suspected pirates were unable to board the vessel due to evasive measures taken by the ship’s crew who engaged their fire hoses to keep the suspected pirates a safe distance from the ship.

According to Yandanhai’s captain, two of the motorvessel’s crew sustained minor injuries during the attack.

More on the Absalon here.

Photo of Yang Dan Hai (which I believe is the same ship as in the press release) from Shipspotting.com by Fehmi Ulgemer as it transited the Bosphorus.

Somali Pirates: CTF-151 Units Stop Pirate Attack

Turkish and Danish destroyers used their helicopters to stop a pirate assault on a Vietnamese ship in the Gulf of Aden. Both are units of CTF-151, an anti-piracy task force in the the GOA. Reported here:

The U.S. Fifth fleet says Danish and Turkish warships have foiled a pirate attack in the Arabian Sea off the coast of Yemen.
The Vietnamese ship Saturday reported that it was under attack from two fast-moving skiffs with an unknown number of pirates on board.
The Danish warship and Turkish frigate both sent helicopters to assist the Vietnamese ship, and the alleged pirates fled.

The Danish and Turkish ships are both part of a multinational task force designed to combat piracy off the Somali coast.

While the pirates have not stopped their activities in the Gulf of Aden, their efforts have not been as successful as in earlier months before the various naval units and task forces arrived in the area.

Law of Sea Saves Pirates

Seven lucky pirates were rescued by a Danish warship after the pirates spent several days adrift in the Gulf of Aden because the Danes complied with international law. As reported here:

“Under international law, ships are obligated to help people who are distressed at sea,” the navy said. “Because the people on board couldn’t be directly connected with a criminal act, they were treated only as distressed.”
***
“Because of the weather in the area, it wasn’t possible to tow the distressed vessel,” the navy said. “For the safety of sea transport in the area, the vessel was therefore destroyed.”

The alleged pirate vessel had been adrift in Yemen waters, and the crew has now been turned over to Yemeni authorities, the navy said. The Absalon’s crew confiscated the weapons found on board.

The weapons included anti-tank rockets and machine guns, according to broadcaster TV2. The pirates had been adrift at sea for seven days, the last three days without food or water, TV2 said.

Somali Pirates: Cruise ship hijacking attempt thwarted

As reported in International force stops pirates hijacking cruise ship:

International coalition warships stopped Somali pirates from hijacking a luxury cruise ship in the Gulf of Aden at the weekend, the Danish navy said Monday.

A Danish navy spokesman refused to name the vessel involved but a Danish media report said the cruise ship Nautica, carrying 400 passengers and 200 crew was the target of the latest attack by Somali pirates.

"The (Danish) navy's tactical command on Sunday led a military operation, dispatching a vessel from the coalition to the aid of a civilian ship threatened by pirates, thereby preventing an act of piracy," Danish navy spokesman Jesper Lynge told AFP.

Lynge said it was up to the countries involved to give details of the cruise ship involved.

According to Danish TV2 News, six to eight armed pirates on two speed boats were observed speeding toward the Nautica, a cruiseliner that had departed from Florida and was carrying 400 passengers and 200 crew.

A French navy warship, alerted by the Danish Navy, scrambled a helicopter to the scene, which sent the pirates fleeing, TV2 News said.

Photo is of MV Nautica.

UPDATE: According to its bridge webcam site here, Nautica is supposed have passed through the Red Sea and to be enroute to the Arabian Sea.

Somalia: Captured pirates set free

With a hat tip to commenter "Hyperchaotic" to an earlier post, a disappointing report of the result of capturing pirates at sea :Pirates released on beach:

After six days on board the Danish warship Absalon, ten Somali pirates were put ashore on a Somali beach during the night and set free. All 10 pirates were in good health and were landed in the area they are believed to have come from.
***
Although their personal effects were returned to them, all weapons, communications devices and ladders were confiscated.

The decision to release the alleged pirates came following discussions Tuesday between Denmark's foreign and defence ministries on exactly what should happen to the 10 men. Although Absalon is on a U.N. sanctioned mission and part of an international force, the legal conditions surrounding the detention of suspected pirates is unclear.
***
"It is an illusion to think that these 10 would be brought to trial by the Somali authorities," says Commander Dan B. Termansen of Admiral Danish Fleet Headquarters.

Comm. Termansen said that if countries from which pirates emanate are not prepared to take cases to court 'there's nothing we can do'.

This is so wrong.

Wait until one of these released pirates kills a crewman or passenger on a ship...

I find Article 105 of the United Nations Convention on the Law of the Sea to be pretty clear:

Article105

Seizure of a pirate ship or aircraft

On the high seas, or in any other place outside the jurisdiction of any State, every State may seize a pirate ship or aircraft, or a ship or aircraft taken by piracy and under the control of pirates, and arrest the persons and seize the property on board. The courts of the State which carried out the seizure may decide upon the penalties to be imposed, and may also determine the action to be taken with regard to the ships, aircraft or property, subject to the rights of third parties acting in good faith.

Emphasis added.

Maybe the Danish ship lacks yardarms... or something...

UPDATE: More on the release here:

"It was the lesser of two evils, for the other solution, which would have made me uneasy, would have been to hand them over to a regime where they risked being tortured and killed," Defence Minister Soeren Gade told Denmark's TV2 news.

Gade announced the news to deputies late on Tuesday, saying that under Danish law it was not possible to prosecute them because of a lack of evidence.

They had considered transferring them to other vessels in the multinational Task Force 150 fleet operating off the coast of Somalia, but rejected the idea, he added.

On September 17, just two days after taking command of the task force, the Danish navy vessel Absalon intercepted two suspect high-speed boats spotted by a Danish helicopter in the Gulf of Aden and detained the 10 armed men on board.

The men were armed with sub-machine guns and four anti-tank shells sometimes used by pirates during attacks on civilian vessels, said Denmark's naval command.

I am just stunned. The standard of evidence must be pretty damn high in Denmark...

UPDATE2: Is it just me, or does it seem to you that the question about what to do with any captured pirates should have been addressed before setting sail to patrol pirate infested waters with the intent to take on the pirates?