Arrest.—Arrest is the restraint of a person byan oral or written order, not imposed aspunishment, directing the person to remain withinthe specified limits of an area. A person in thestatus of arrest may not be required to performfull military duties. The person may be relievedof such duties as supervising personnel, servingas a guard, or bearing arms. A person in arrestmay do ordinary cleaning or policing or take partin routine training and duties.Confinement. —Confinement is the physicalrestraint, imposed by order of competent autho-rity, depriving a person of his or her freedompending the disposition of offenses. No personmay be ordered into confinement except forprobable cause. Probable cause exists when thereis a reasonable belief that1. an offense triable by court-martial has beencommitted,2. the person confined committed it, andconfinement is required by the circum-stances.Only a commanding officer to whoseauthority a civilian or an officer is subject mayorder restraint of the civilian or officer. When aperson is placed under restraint, that personshould be informed of the nature of the offensethat is the basis for such restraint.Granting Asylum and TemporaryRefugeAs the in-port OOD, you may be the firstperson contacted by someone seeking asylum ortemporary refuge aboard your commend. Youshould be aware of your authority to provideassistance and protection to these people. Youshould also know what your responsibilities areif foreign authorities request their return. Be sureto check your command’s instructions on pro-cedures to follow if someone seeks asylum ortemporary refuge. The following is paraphrasedfrom article 0939 of United States NavyRegulations.HIGH SEAS AND U.S. TERRITORIES. —On the high seas or territories under exclusiveUnited States jurisdiction, persons should bereceived on board at their request. Under nocircumstances should the person be surrenderedto foreign jurisdiction or control, unless directedby the Secretary of the Navy or higher authority.The person should be afforded every reasonablecare and protection permitted by thecircumstances.FOREIGN TERRITORIES. —In territoriesunder foreign jurisdiction, refuge should begranted for humanitarian reasons only in extremeor exceptional circumstances where life or safetyof the person is in imminent danger. When refugeis granted, such protection should only beterminated when directed by the Secretary of theNavy or higher authority. If foreign authoritiesrequest return of the person, it should be reportedto the Chief of Naval Operations (CNO). Theforeign authorities should be informed that thecase has been referred to higher authorities.If temporary refuge is terminated by higherauthority, the person should be released only tothe authority designated in the messageauthorizing release.Permanent asylum cannot be granted. Foreignnationals requesting political asylum in the UnitedStates should be advised to contact the nearestAmerican Embassy or Consulate. You shouldnever directly or indirectly invite persons to seekasylum or temporary refuge.The Deck Log (In Port)The basic requirements for maintaining theship’s deck logs are contained in the SORN andU.S. Navy Regulations. OPNAVINST 3100.7B,Preparing, Maintaining and Submitting the Ship’sDeck Log, provides detailed guidance in preparingthe ship’s deck log.All U.S. Navy ships in commission and otherdesignated craft are required to maintain a ship’sdeck log. The deck log is the official daily recordof a ship, by watches. Every circumstance andoccurrence of importance or interest that concernsthe crew and the operation and safety of the shipor that may be of historical value is described inthe deck log.The deck log is a chronological record ofevents occurring during the watch. Accuracy indescribing events recorded in a ship’s deck log isessential. Deck log entries often constituteimportant legal evidence in judicial andadministrative fact-finding proceedings arisingfrom incidents involving the ship or its personnel.Information in the ship’s deck log is ForOfficial Use Only. The ship’s deck log is preparedin duplicate. The original copy is submittedmonthly to the Chief of Naval Operations forpermanent retention. The copy is retained on5-6
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