yacht mischief found in brazil

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Boat full of decomposing corpses spotted by fishermen off Brazil coast

April 15, 2024 / 6:43 AM EDT / AP

Bogota, Colombia  — A small boat full of decomposing corpses was spotted by fishermen off Brazil's northeastern coast on Saturday, according to local news reports. Brazil's Attorney General's office said in a statement that it had dispatched a forensics team to the area to determine where the bodies and the boat came from.

"Some reports say there could be up to 20 corpses" in the boat, the Attorney General's office said in a statement. The office announced it was opening a criminal and a civil investigation into the incident.

The boat was floating off the coast of the state of Para in a remote location about 185 miles from the state capital Belem.

• Pilot of packed migrant boat that sank off England convicted of manslaughter

It wasn't the first time that vessels carrying dead bodies were spotted by fishermen in the western side of the Atlantic Ocean. In 2021, at least seven boats full of corpses washed up in Brazil and the Eastern Caribbean.

Investigations by The Associated Press and local authorities determined that some of these boats carried the corpses of African migrants who were trying to make it to the Canary Islands, but had missed their target and had drifted for weeks in the Atlantic Ocean.

• Boat Accident

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On Board With Ian Malouf, Owner of 52m Superyacht Mischief

Claire Wrathall meets Ian Malouf, owner of 52.4 metre superyacht Mischief , a businessman who has cleaned up in Australia and is now enjoying the fruits of his labours...

In the tell-it-like-it-is style of the Sydney Morning Herald , Ian Malouf is “king of the dumpsters” and “Australia’s richest garbo”. More poetically he’s an alchemist who has found a way to turn rubbish into gold, or at least dollars. Officially, however, he tends to be known as the founder and CEO of Dial a Dump Industries, aka DADI Group, the self-styled “leading waste management service provider and recycler in New South Wales”.

We meet amid surroundings that could not be further removed from most people’s perceptions of a tip. Mischief , the 52.4 metre Baglietto-built , Francesco Paszkowski-designed superyacht that Malouf bought in 2015 and had comprehensively refitted, has a newly resprayed ultramarine hull and immaculate white-and-navy interiors. She is berthed in the Vieux Port at Cannes, where the annual film festival is in full swing and the beau monde are out in force. A week hence she will be 50km west in the Bay of Monaco for the Formula One grand prix. “Then we’ll cruise down to Italy,” he says. By the time he goes back to Australia, he’ll have been aboard about two and half months. “And then I’ll come back for September and October and hang out in Spain. We’ll stretch the season as long as we can.” He says he spends half the year afloat.

“No one likes to do the dirty jobs,” he says. “But there’s money in trash.” Malouf has grown DADI from a one-man rubbish collection service he launched as a student in 1984 with A$700 (about £400) – he quit university six weeks into a law course to run it full-time – to a range of businesses from skip hire to recycling and the production of mulch, woodchip and aggregates to landfill and potentially energy generation. The cluster of desks and computer screens in one corner of the yacht’s main saloon act as his on board office.

“I’ve always liked being near the water,” he says, recalling his childhood in Sydney’s Eastern Suburbs. “And my family always had boats of some description, significantly smaller than superyachts, of course. My dad was by no means an overly wealthy man, but he brought us up well, sent us to private schools and all that.”

As a boy – he was the youngest of four – Malouf and his father would go out in a “tinny”, a small open aluminium dinghy with a 6hp engine, to catch tailor or bluefish. As he grew bigger, so the boats they owned became more substantial. But it was Malouf ’s first holiday on a 100ft yacht – he doesn’t recall its name – that he chartered with friends on Sardinia’s Costa Smeralda that opened his eyes to superyachts. “After that we had them in our system.” The end of their week came and they didn’t want to go home, so having spotted another boat they liked the look of in Porto Cervo , they “found the owner and just did a direct charter”. He was hooked. He began to charter regularly. And then in 2015, within 30 minutes of stepping aboard for the first time, he decided to buy what was then Blue Scorpion . Tellingly, he renamed her Mischief .

There was another buyer lined up, who was prevaricating over the results of a survey. Malouf was undeterred. “I come from a machinery background. Back home I own 3,000 engines, so even if I’m not a mechanic, I run a phenomenal amount of equipment and can walk into an engine room and know I’ve got half a chance of making it work. So I just walked through, took a look, gave it my best guess and said I’d just take it as it was. I think I made the right decision.” And having undergone a substantial refit, inside and out, “it’s in beautiful order now,” he says.

Not that ownership stops him wanting to experience life on other boats, especially when, as happened last year, he was offered $1 million for a three-week charter during the Australian school holidays. It struck him as too good an offer to turn down, so another party took temporary custody of Mischief , and he chartered a less expensive boat for his own family.

“So yes, even now I continue to charter,” he says. “Going down to Croatia, for instance – rather than take [ Mischief ] all the way down, we’ll just jump on

another boat [that’s already there]... it saves the crew’s time.” Last year he had her shipped on a transporter to the Caribbean for the winter. “Crossing the Atlantic is a massive trip,” he says. “And a pretty amazing process. But it costs about half a million US dollars. So if someone’s got a boat over there, and we’ve got one here, there are a deck of reasons [to leave them where they are] and arrange a charter or swap. They use ours here; we use theirs. You work out a trade and away you go.”

Despite his obvious affection for his Baglietto, he thinks Mischief will be on the market by the end of the year. “You fall in with this crazy system where you want something bigger,” he says. “It’s a bloke thing.” At which point he erupts with laughter. “Do I need a bigger one? No. But this is my hobby. And the whole process of looking for another yacht is just so much fun.” Fun is a word he uses 18 times in the course of an hour’s conversation. But I don’t think it’s an act: Malouf comes across convincingly as a fun guy.

In any case, he adds, “I don’t own a house.” Excuse me? “That shocks a few people. We live in great homes. We just don’t own them. We rent, so we have to move around every now and then.”

Malouf shares his yacht and his rented home with his wife Larissa, with whom he has five children. “She was my childhood sweetheart,” he says proudly. “We started going out when I was 17 and she was 14. She calls me her first husband, so I’m always on notice.” Cue more laughter. It is she who took charge of Mischief’s interiors, stripping out its original dark-wood floors and panelling and replacing them with a paler, cooler and more contemporary scheme, with floors of bookmarked Carrara marble and burnished leather walls. “We spent a small fortune,” he says. “There was no budget control. It still kills me.”

The boat is also well equipped with exercise and fishing equipment, not to mention the wherewithal for on-deck clay-pigeon shooting, a climbing wall that descends to the water, a slide and a floating sunbathing dock. There’s been no little investment in technology too. “Gadgetry: I love it!” he exclaims. Hence the gigantic, three by two metre video wall opposite the cocktail bar in the main saloon (“great for music videos and sports events” – rugby is another passion). And the bespoke app he developed so guests can order room service via their phones from a menu that even asks you to specify how hot you want your coffee. That’s how detail-driven he is.

Indeed it’s Malouf’s faith in technology and the way it can improve life that lies at the heart of both DADI and a new initiative called Ahoy Club. Back in Australia, “we’re trying to build the world’s largest energy plant”, he says, explaining that, assuming it gets the go-ahead, the A$700 million project will combust a million tonnes of waste that would otherwise go into landfill to fuel 200,000 homes. It’s a clean technology thanks to the very high temperatures involved. “But we’re getting a bit of resistance from the local community. It’s just a fear of the unknown, a nimby problem. But we’re totally environmentally conscious. The plant will reverse three million metric tonnes of gas emissions a year, whereas landfill produces methane, which is many times more potent than CO2. So it’s actually really positive. But it’s a new technology, and when something new comes along, people resist it.”

The proposition behind Ahoy Club is a little simpler. In essence it’s a platform that aims to connect those who want to charter directly with the owners of yachts.

As he explains it, the website and app will enable users to find a boat they want to charter, ascertain immediately whether it’s available, book, pay a deposit by credit card and receive an automatically generated contract. At that stage the owner will still have the right to review and reject the contract but “if they accept it, the contract is formed, and everybody’s happy”. Established charter companies might argue that a human interface remains critical to the charter process – to advise on boats, settle any disputes and make sure the charter is specifically tuned to the client, from food and drink to itinerary and crew.

But Malouf firmly believes automation is the future. So does he see himself as a disruptor? “I prefer improver,” he replies. Looking around his refitted yacht, it’s hard to argue with that.

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The Mischief of Mismanagement: Tale of a Breach of the GDPR

In early 2022, the Portuguese National Data Protection Supervisory Authority (“CNPD”) accused Lisbon’s Municipality of retaining demonstrators’ and protestors’ personal information for longer than necessary and sharing it with national and foreign public entities without proper legal basis, in breach of the principle of data minimization, without having previously conducted a data protection impact assessment and in breach of their obligations to inform data subjects about data processing operations.

This Article provides an overview of the Administrative Court Decision that, almost two and a half years later, confirms the impressions of the CNPD and fines the Municipality in over one million euros for its mischief in the management of personal data.

In early 2022, an Accusation of breach of the GDPR, authored by the Portuguese National Data Protection Supervisory Authority (“CNPD”) in December 2021, caused commotion, foretelling a narrative of incautious behavior by the largest, most resourceful municipal body in the nation.

It was Lisbon’s Municipality, who stood accused of retaining demonstrators’ and protestors’ personal information for longer than necessary and sharing it with national and foreign public entities without proper legal basis, in breach of the principle of data minimization, without having previously conducted a data protection impact assessment and in breach of their obligations to inform data subjects about data processing operations.

The facts underlying the accusation were the preparation and dissemination of Notices for Demonstrations, containing personal information of their promoters and sometimes their participants, to several legal entities, such as the Police, Internal Affairs ministry and secretariats and, importantly, foreign national authorities.

The story caught fire in news cycles for months. Having appealed the Accusation to judicial instances, the Municipality found itself facing a worthy opponent in open Court, who would not simply give in to the cause.

Now, almost two and a half years later, by an Administrative Court Decision published on Wednesday, August 7th, 2024, the Municipality of Lisbon was found guilty, convicted and fined over one million euros for its maintenance of an organizational culture of laxity and disregard for statutorily imposed obligations (in this case, of data protection).

As it happens, the Court focused, not so much in the individual breach of data protection rules taking place with the data transfer of personal data of each promoter/participant, but rather on the global conduct of the Municipality and its technocratic nature. In fact, while it was found that between 2018 and 2021, the Municipality would frequently send out emails to foreign Embassies in Portugal (such as the Embassy of India, Hungary, Brazil or even Russia), in connection with Demonstrations for peace or political reform in the countries those Embassies belong to – presumably not in demonstration of political support but, rather as part of a procedure pre-dating the GDPR to inform all those who may have an interest in the matter demonstrated about that a Demonstration shall be held about that issue on said date and place to avoid liability for any damages arising in connection with the Demonstration – the Court found that the most serious infringement, in this case, was not the sharing of personal information with political opponents of the data subjects, but rather the attitude demonstrated by the refusal to revise internal procedures to comply with the GDPR.

The Municipality defended itself by arguing that there had been no intent to breach the law and, therefore, there could not be any sanctioning of a criminal nature. The Court is quick to set that argument aside. It starts by determining that the element of intent, for the purpose of administrative criminal offenses, is not as strict as that of criminal offenses – and while criminal sanctioning generally requires a moral-ethical sanctioning of the conduct of the agent, administrative criminal offenses only require knowledgeable (or negligence) non-conformity with the legal and social requirements imposed by the societal perception of the role of the agent.

It then follows to conclude, without any indication of a doubt, that the sharing of personal information regarding Demonstrations’ promoters and participants with widely varying entities (from foreign embassies to restaurants), without any criteria or preoccupation with the subsequent processing of the data shared is demonstrative of “a very deficient organizational culture” favoring “total indifference in the activities of personal data management and sharing.” A culture that, in the eyes of the Court, had not only been set, but was also continuously supported by the Municipality itself.

The Court furthermore calls the participants attention, among others, to the fact that despite the GDPR entered into force two years after being published to enable adaptation of internal procedures to the GDPR, the Municipality only set a team to oversee the implementation of GDPR mandated procedures and requirements within the Municipality on the 24th of May, 2018, one literal day before the entry into force of the Regulation. These discovery pieces of evidence supported the finding of intention in the Municipality – according to the Court, the Municipality knew and was conformed with the illegal consequences of its conduct.

Interestingly, the Appeal Court caved to the Municipality’s argument that the infractions should not be accounted for as individual infractions (one infraction for each Notice, or for each communication sent) but rather as continuous infractions, occurring permanently throughout three years (counted from the beginning of application of the GDPR to the date of the Accusation). More interestingly even, however, the reduction of the quantity of infractions (from hundreds in connection with data sharing, to only two) did not have a perceived material effect in the actual measure of punishment. On the contrary, having considered a few infractions had met their statute of limitations, the Court reduced the penalty initially imposed by CNPD in a manner that appears frankly proportional – instead of a 1.250.000 EUR (one million, two hundred and fifty thousand euros) fine, it convicted the Municipality in 1.027.000 EUR (one million, twenty-seven thousand euros).

The final decision of the Court, as such, appears in line with the reasoning of the Supervisory Authority, and constitutes a warning for all data processing entities in Portugal: size and power do not acquire exemption from legal obligations. Breaches of personal data protection will be prosecuted ever more carefully, especially in a data-driven economy.

The attentive eye of CNPD and its willingness to impose better data processing practices through litigation, together with the implications of a fine in over one million euros, have shown that the Portuguese Supervisory Authority is active and taking the necessary steps to improve the quality of data processing procedures across Portugal.

In the way of conclusion, lastly, this Decision provides a good illustration of a curious legal phenomenon: the qualification of an infraction is often less relevant for the purpose of setting the measure for punishment than the overall feeling of censorship towards the mischief (and the need to deter similar behavior). As shown, the reduction of the number of infractions did not materially affect the fine imposed in the end.

Article provided by INPLP member: Ricardo Henriques (Abreu Advogados, Portugal)

co-authors: José Maria Alves Pereira and Leonor de Sá e Frade

Discover more about the INPLP and the INPLP-Members

Dr. Tobias Höllwarth (Managing Director INPLP)

What is the INPLP?

INPLP is a not-for-profit international network of qualified professionals providing expert counsel on legal and compliance issues relating to data privacy and associated matters. INPLP provides targeted and concise guidance, multi-jurisdictional views and practical information to address the ever-increasing and intensifying field of data protection challenges. INPLP fulfils its mission by sharing know-how, conducting joint research into data processing practices and engaging proactively in international cooperation in both the private and public sectors.

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9/11 Remembrance Ceremony Tomorrow at the Garden of Reflection

180 Day Guests /

12 Overnight Guests /

From 265,000

MISCHIEF is a striking looking yacht, with racy lines enhanced by a French Navy hull and a white boot stripe. Her interiors are just as special – the dramatic use of white reflective surfaces accented with blues and blacks gives her a real sense of identity. The spaces are fashion-forward rather than formal, inviting relaxation and enjoyment.

The main salon features a large marble bar, with back-lit mirrored wine and glass racks – a theme found in two further wine stores within the cabins. The upper deck sky lounge is yet another bright white space, with curving glass bays inviting you out to the dining and eating areas on the aft-deck. One of the VIP cabins also enjoys this vantage point. The full Master suite lies forward on the main deck, with two further large double cabins and Twin cabins on the lower deck. Both Twin cabins also convert to super king beds in the case that there is a full group of adult couples on board.

The inflatable slide lets you slip off the bow, then climb back up via the over-water climbing wall. Or take to the floating pontoons from the stern where you can relax on loungers right on the water, take out a jet ski, seabob or paddle board – or simply let the crew tow you around on an inflatable…

Tender & Toys

Offering an abundance of activities for adults and kids alike, you will never get bored onboard MISCHIEF –

• Banana Boat
• Beach Games
• Bikes (Electric)
• Climbing Wall
• Dive Compressor
• Fishing Gear
• Floating Mats
• Floating Platforms
• Flite Board
• Floating Pool
• Inflatable Toys
• Pedal-board
• Snorkeling Gear
• Scuba Diving Gear
• Towable Toys
• Water Trampoline

MISCHIEF is a bright, lively yacht – ideal for a family charter, or a fun time for friends.

MISCHIEF is available for term charter throughout the South Pacific, starting in Tahiti and Bora Bora, then cruising to Fiji, and finishing the year off in Sydney.

Rates start from: 265,000

Because rates are flexible per season or type of experience, please enquire today and our team will be straight in touch.

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9 bodies found adrift in a boat off Brazil were likely migrants from Mauritania and Mali, police say

Aptopix brazil boat corpses.

BARCELONA, Spain (AP) — Brazilian police investigating the grim discovery of a boat with several decomposing bodies say they were likely African migrants from Mali and Mauritania.

Fishermen off Brazil's northern coastal state of Pará found the boat adrift Saturday in the Atlantic Ocean . Brazil's Federal Police said in a statement late on Monday they had recovered nine dead in all.

On Tuesday afternoon, officials said the boat is believed to have been carrying at least 25 people, based on the number of raincoats found inside the vessel.

“Documents and objects found near the bodies indicate that the victims were migrants from the African continent, from the region of Mauritania and Mali,” the earlier statement read. Police added that other nationalities could be among the deceased.

The roughly 12-meter (39-foot) white and blue canoe-shaped boat shares the same characteristics of Mauritanian fishing boats known as pirogues, frequently used by West African migrants and refugees fleeing to Spain’s Canary Islands, suggesting Brazil was probably not their destination.

The bodies were found in an advanced state of decomposition, authorities had said.

The Atlantic route from West Africa to the European Union territory is one of the most dangerous in the world. Boats that miss their destination can be swept away by Atlantic trade winds and currents from east to west, drifting for months. Migrants aboard often die of dehydration and malnutrition. Others have also been known to jump into the ocean out of desperation.

An Associated Press investigation published last year revealed that in 2021, at least seven boats from northwest Africa had been found in the Caribbean and Brazil, all carrying dead bodies.

On Tuesday, Brazilian authorities said that a preliminary analysis of documents found aboard indicated the boat departed Mauritania after Jan. 17.

José Roberto Peres, the Federal Police chief in Para state, told a local TV network that the estimated distance from where its passengers may have lost their way is some 4,800 kilometers (nearly 3,000 miles) from Para's coast. Forensic examination of both the bodies and the vessel are still underway, he said.

A 500% spike in migration from the northwest coast of Africa to Spain this year has alarmed European authorities. Despite a 210 million euro deal signed in February between the European Union and Mauritania, the majority of departures have taken place from the West African nation.

While more than 13,000 migrants have reached the Canaries so far in 2024, according to Spain's interior ministry, hundreds others have been reported missing. In Mauritania, families have even set up a “national commission” charged with looking for the disappeared migrants. They have been following news of the boat found in Brazil anxiously, according to families who contacted AP.

Associated Press writer Gabriela Sá Pessoa in Sao Paulo contributed to this report.

Follow AP’s coverage of global migration at https://apnews.com/hub/migration

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