Arrest. Arrest is the restraint of a person by
an oral or written order, not imposed as
punishment, directing the person to remain within
the specified limits of an area. A person in the
status of arrest may not be required to perform
full military duties. The person may be relieved
of such duties as supervising personnel, serving
as a guard, or bearing arms. A person in arrest
may do ordinary cleaning or policing or take part
in routine training and duties.
Confinement. Confinement is the physical
restraint, imposed by order of competent autho-
rity, depriving a person of his or her freedom
pending the disposition of offenses. No person
may be ordered into confinement except for
probable cause. Probable cause exists when there
is a reasonable belief that
1. an offense triable by court-martial has been
committed,
2. the person confined committed it, and
confinement is required by the circum-
stances.
Only a commanding officer to whose
authority a civilian or an officer is subject may
order restraint of the civilian or officer. When a
person is placed under restraint, that person
should be informed of the nature of the offense
that is the basis for such restraint.
Granting Asylum and Temporary
Refuge
As the in-port OOD, you may be the first
person contacted by someone seeking asylum or
temporary refuge aboard your commend. You
should be aware of your authority to provide
assistance and protection to these people. You
should also know what your responsibilities are
if foreign authorities request their return. Be sure
to check your commands instructions on pro-
cedures to follow if someone seeks asylum or
temporary refuge. The following is paraphrased
from article 0939 of United States Navy
Regulations.
HIGH SEAS AND U.S. TERRITORIES.
On the high seas or territories under exclusive
United States jurisdiction, persons should be
received on board at their request. Under no
circumstances should the person be surrendered
to foreign jurisdiction or control, unless directed
by the Secretary of the Navy or higher authority.
The person should be afforded every reasonable
care and protection permitted by the
circumstances.
FOREIGN TERRITORIES. In territories
under foreign jurisdiction, refuge should be
granted for humanitarian reasons only in extreme
or exceptional circumstances where life or safety
of the person is in imminent danger. When refuge
is granted, such protection should only be
terminated when directed by the Secretary of the
Navy or higher authority. If foreign authorities
request return of the person, it should be reported
to the Chief of Naval Operations (CNO). The
foreign authorities should be informed that the
case has been referred to higher authorities.
If temporary refuge is terminated by higher
authority, the person should be released only to
the authority designated in the message
authorizing release.
Permanent asylum cannot be granted. Foreign
nationals requesting political asylum in the United
States should be advised to contact the nearest
American Embassy or Consulate. You should
never directly or indirectly invite persons to seek
asylum or temporary refuge.
The Deck Log (In Port)
The basic requirements for maintaining the
ships deck logs are contained in the SORN and
U.S. Navy Regulations. OPNAVINST 3100.7B,
Preparing, Maintaining and Submitting the Ships
Deck Log, provides detailed guidance in preparing
the ships deck log.
All U.S. Navy ships in commission and other
designated craft are required to maintain a ships
deck log. The deck log is the official daily record
of a ship, by watches. Every circumstance and
occurrence of importance or interest that concerns
the crew and the operation and safety of the ship
or that may be of historical value is described in
the deck log.
The deck log is a chronological record of
events occurring during the watch. Accuracy in
describing events recorded in a ships deck log is
essential. Deck log entries often constitute
important legal evidence in judicial and
administrative fact-finding proceedings arising
from incidents involving the ship or its personnel.
Information in the ships deck log is For
Official Use Only. The ships deck log is prepared
in duplicate. The original copy is submitted
monthly to the Chief of Naval Operations for
permanent retention. The copy is retained on
5-6