SS Esperia
| Jurisdiction | Egipto |
| Date | 26 February 1959 |
| Court | Obsolete Court (Egypt) |
(Abdel Ghani Yehia, Abdel Fattah Mohamed Karim, Ali Sadek Abou Heif and El-Akid Sayeh Sayeh Gad.)
War Enemy character Of goods Goods destined to be used by organization in neutral country for assistance of the enemy The law of the United Arab Republic.
Warfare at sea Restrictions on right of capture Property on vessel flying neutral flag Shipment from one neutral country to another Goods destined to be used by organization in neutral country to aid the enemy The law of the United Arab Republic.
The Facts.On December 13, 1957, the Esperia, owned by Adriatica Italiana (an Italian company), arrived in Alexandria from Beirut on the way to Italy. The War Bureau of the Customs Administration of the United Arab Republic examined the bills of lading of the cargo, which showed the existence of seventy-two cases containing silver Saudi Arabian coins valued at $112,555. These cases were shipped in the name of Mohamed Bendak from Beirut under bill of lading to order. The Office for the Boycott of Israel was informed, and reported that it possessed information indicating that efforts were being made by certain Jews of various nationalities living in Arab countries to collect silver money in those countries and export it abroad (particularly to Italy) with a view to using it there for the account of Zionist funds. There was a Zionist organization based in Italy and with ramifications in Iraq and Lebanon; it operated with Israeli capital and engaged in activities with Israel designed to support the Israeli economy. The seizure of the cargo was ordered, and the matter submitted to the Prize Court for adjudication. The Italian Consul General in Alexandria, under whose jurisdiction lay the navigation company owning the Esperia and the companies to whom the goods were alleged to be in reality consigned, as well as the agent of the navigation company in Beirut (Adolfo Abram Picciotto, an Italian national), requested the release of the goods. The proceedings were instituted by Adolfo Picciotto (who claimed to be the real shipper of the cargo) and the Italian company Giuliano Staccioli (which claimed to be one of the Italian companies for which the cargo was really destined: the other companies alleged to be the real consignees were Metalli Preziosi, Arrigo Pini and Priamo Antonio, but these did not intervene in the proceedings). The grounds on which the release of the cargo was sought are set out in the judgment of the Court.
Held: that the seizure was valid. Goods which were shipped from one neutral country to another, where they would be used for the aid of the enemy, possessed enemy character and were liable to seizure.
The Court said: The parties who demand the lifting of the seizure rely on the following facts: Adolfo is in reality the shipper of the silver money consigned on...
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