FRONT=X

Serious Incident Report no. 11776/2021

Report date and time (UTC)

Last modification date and time (UTC)

Reporting entity/function
SIR Status

Workflow Status
SIR Category

Subject

Joint operation

JORA incident number

Original source of information
FX SI Handler

Frontex resources involved

Use of force

Incident dates (UTC)

Location of the incident
Latitude

Longitude

Location details

Reference to the operational area
Type of resources / involvement
Dead persons

Injured persons

Missing persons

Details

‚Information/Allegations

2021-05-20 14:43

2022-10-05 17:24

Text Removed - Reporting Tools
Closed

Processed

1 - Situations of potential violations of Fundamental Rights or international
protection obligations

46 migrants allegedly pushed back to Turkey by HCG north of Lesvos
JO Poseidon 2021

Text Removed - Reporting Tools
Mare Liberum Report

Text Removed - Human Resources
No

No

Text Removed - Reporting Tools
Lesvos, Lesvos, Greece

Text Removed - Operational Area
Text Removed - Operational Area
North of Lesvos

Yes

Information originating from Aegean Boat Report (13/04/2021):
(https: //www.facebook.com/AegeanBoatReport/posts/ 1064602917396145)

"Pushback ongoing north east of Korakas, Lesvos north, reports on people in the
sea, boat involved is the LS-609 from the Hellenic coast guard stationed on
Lesvos, more info will follow.

Updated!

The people from the boat is now drifting inside Turkish territory waters, Turkish
coast guard is informed on their location. Another proven pushback involving the
LS-609 from the Hellenic coast guard."

Measures/Actions taken

Assessment

Information originating from Alarm Phone account on Twitter (14/04/2021):
(https: / /twitter.com/alarm_phone/status/ 1382302300006461442)

14/04/2021 morning hours, a group of 46 people called Alarm Phone and
allegedly reported they had been pushed back to Turkish waters by Hellenic
Coast Guard near Lesvos. The Turkish Coastguard confirmed they picked them up
& transferred them to Kücükkuyu/Canakkale port.”

13.04.2021

The Aegean Boat Report referred to "pushback ongoing northeast of Korakas,
Lesvos north, reports on people in the sea, boat involved is the LS-609 from the
Hellenic coast guard stationed on Lesvos, more info will follow. Updated! The
people from the boat is now drifting inside Turkish territory waters, Turkish
coast guard is informed on their location. Another proven pushback involving the
LS-609 from the Hellenic coast guard.";

14.04.2021

Alarm Phone account on Twitter referred that on 14 April 2021 during morning
hours, a group of 46 people called Alarm Phone and reported they had been
pushed back to Turkish waters by the Hellenic Coast Guard near Lesvos. The
Turkish Coast Guard confirmed they picked them up & transferred them to
Kücükkuyu/Canakkale port;

Furthermore, the case is possibly correlated with Text Removed - Reporting
Tools (reported under “prevention of departure”), which states the following:
On 14 April 2021 at Text Removed - Reporting Tools a rubber boat with
approximately 60 migrants onboard was early detected by the Text Removed -
Reporting Tools Text Removed - Technical Equipment at the sea area North of
Lesvos Island inside Turkish Territorial Waters, close to borderline. The
information passed also to the Text Removed - Reporting Tools Text Removed -
Technical Equipment which was already patrolling at the area and
simultaneously Text Removed - Reporting Tools informed MRCC Ankara.
Subsequently, a Turkish Coast Guard patrol boat arrived in the area and took
over responsibility for the incident.

25.05.2021
The case is assigned as a SIR by Text Removed - Reporting Tools and Text
Removed - Reporting Tools is designated as the Text Removed - Reporting Tools.

11.06.2021

Text Removed - Reporting Tools provides a written summary of the case to the
Text Removed - Reporting Tools and requests further information on the
reported incident.

01.12.2021

In the absence of requested follow-up, Text Removed - Reporting Tools sends a
reminder to the Text Removed - Reporting Tools to share information about the
reported incident.

07.01.2022

The Text Removed - Reporting Tools provides with the following answer:

1. No additional information is available to the Text Removed - Reporting Tools
other than the information already provided through the official reports and
transmitted to Frontex through the defined reporting channels of the
Operational Plan.

2. As regards the material mentioned in the SIR accessible through the
respective social media accounts, the Text Removed - Reporting Tools informed
they cannot provide any additional comments since the latter is not only partial,
but also deriving from sources that are questionable and unverifiable.

3. Moreover, the Text Removed - Reporting Tools informed that the HCG CPB
allegedly involved in the incident was deployed in Lesvos outside of the context
of the activities coordinated by the Agency.

The case is possibly correlated with Text Removed - Reporting Tools Prevention

Final outcome

of departure which states the following:

On 14th of April at Text Removed - Reporting Tools a rubber boat with
approximately 60 migrants onboard was early detected by Text Removed -
Technical Equipment at the sea area North of Lesvos island inside TTW, close to
borderline. The information passed also to Text Removed - Technical Equipment
which was already patrolling at the area and simultaneously Text Removed -
Reporting Tools informed MRCC Ankara. Subsequently a TCG patrol boat arrived
in the area and took over responsibility of the incident.

According to the mission report number 55 from 14th April, from Text Removed -
Technical Equipment, concerning the mission executed from Text Removed -
Reporting Tools until Text Removed - Reporting Tools, there was one incident
reported concerning a prevention of departure. It is stated that around Text
Removed - Reporting Tools a rubber boat with approximately fifty (60)
immigrants on board was detected at sea, inside Turkish territorial waters in
position lat: Text Removed - Operational Area Turkish Coast Guard Text
Removed - Operational information was in the area and took over responsibility
of the incident.

From the Turkish Coast Guard site (https: //en.sg.gov.tr/current-operations-14-
april-2021)

there are allegedly 91 migrants in three (3) cases on that may be related to the
testimonies/report:

1) 34 on an inflatable boat off the coast of Balıkesir’s Ayvalık at 00:20
(14/04/2021);

2) 6onalife boat off the coast of Mugla/Marmaris, at 02:50 (14/04/2021);

3) 51 on an inflatable boat off the coast of Canakkale/Ayvacik at 10:52
(14/04/2021);

Both Text Removed - Reporting Tools report and TCG rreport have similarities to
the Aegean Boat report as for the date, time and place.

Additionally in Text Removed - Reporting Tools the Text Removed - Technical
Equipment is mentioned as in the Aegean Boat report.

On the other hand, Text Removed - Reporting Tools report and TCG report differ
from Aegean Boat report as far as the number of involved persons is concerned.

Text Removed - Reporting Tools does not consider the information provided by
the Text Removed - Reporting Tools to be sufficient to corroborate or refute the
alleged facts of the case provided by the Aegean Boat Report and Alarm Phone

Having in mind the statements of the Text Removed - Reporting Tools and that
no additional information or evidence was obtained from the Text Removed -
Reporting Tools to corroborate the alleged facts, Text Removed - Reporting
Tools recommends the closure of the present SIR.

Despite the fact that according to the response from the national authorities,
there was no evidence or proof that allegations from the incident are grounded
and that the reported incident took place, and considering the repetitive nature
of such allegations, including through Frontex SIRs, Text Removed - Reporting
Tools would like to emphasize potential risks in incidents of such nature.

The incident involves allegations on so called „pushback” of a rubber boat full of
migrants conducted by the Text Removed - Reporting Tools to the border with
Turkey without taking into consideration the personal circumstances of people
present on board. Such police action may amount to collective expulsion, which
Article 19 of the EU Charter explicitly prohibits. The European Court of Human
Rights (hereinafter ”ECtHR”) ruled in several cases that the lack of specific
examination of each individual situation in case of removal of aliens might
amount to a collective expulsion. The ECtHR has reiterated that collective
expulsion is “any measure compelling aliens, as a group, to leave a country,
except where such a measure was taken on the basis of a reasonable and
objective examination of the particular case of each individual in the group”.
The lack of individual assessment and any general assessment of the situation in |
Turkey, which seems to be applicable in this case, is at odds with the prohibition
of refoulement. Article 19 of the EU Charter, specifically prohibits collective

Personal Data

expulsions, and provides that no one may be removed, expelled or extradited to
a State where there is a serious risk that a person would be subjected to the
death penalty, torture or other ill-treatment.

Moreover, in this context, Text Removed - Reporting Tools would like to
underline the importance of the investigative procedure to be conducted in a
full compliance with the principles of impartiality, objectivity, and
confidentiality. Text Removed - Reporting Tools has repeatedly called for
involvement of the central internal control units in investigations where
fundamental rights allegations are at stake, even at the local level with a clear
supervisory role. Such control should ideally be carried out by fundamental
rights experts/focal points at central level of Member States authorities where
this figure exists. Following the established investigation/inquiry procedures in
such cases is of outmost importance to guarantee an adequate treatment of the
information and procedural safeguards of the interviewed persons.

Last but not least, Text Removed - Reporting Tools underlines the significance of
the prompt and efficient exchange of information and follow-up among involved
national stakeholders and Frontex, in particular, Text Removed - Reporting
Tools. As a possible best practice, sharing final investigative reports with
Frontex and Text Removed - Reporting Tools may be considered in similar cases
as it could be beneficial for all stakeholders to add transparency and provide
feedback on the measures taken by the host Member State when incidents
alleging violations of fundamental rights occur during operational activities.

Considering the seriousness of the alleged facts, if similar allegations were to be
received in the near future, Text Removed - Reporting Tools should organize on-
the-spot fact-finding missions to gather further evidence to discards doubts and
ensure that similar acts were not being committed.

FRONT=X

Serious Incident Report no. 11750/2021

Report date and time (UTC)

Last modification date and time (UTC)

Reporting entity/function
SIR Status

Workflow Status
SIR Category

Subject

Joint operation

JORA incident number

Original source of information
FX SI Handler

Frontex resources involved

Use of force

Incident dates (UTC)

Location of the incident
Latitude

Longitude

Location details

Reference to the operational area
Type of resources / involvement
Dead persons

Injured persons

Missing persons

Details

Information/Allegations

2021-05-19 10:39

2022-08-03 13:05

Text Removed - Reporting Tools
Closed

Processed

1 - Situations of potential violations of Fundamental Rights or international
protection obligations

Group of migrants pushed back to Turkey in liferafts by HCG
Poseidon 2020

Text Removed - Reporting Tools
Mare Liberum Report

Text Removed - Human Resources
No

No

Text Removed - Reporting Tools
Symi, Dodekaniso, Greece

Text Removed - Operational Area
Text Removed - Operational Area
Greek Waters

Yes

Information originating from Mare Liberum Pushback Report 2020:
https: //daten.mare-liberum.org/s/4HdxAPACaPsqzEx#pdfviewer (page 20)

The migrants (Syrian and Palestinian nationals) embarked on a boat towards
Greece. After two hours the engine broke and they were adrift for around 30
minutes, when a Greek military ship spotted them in Greek waters, threw ropes
and pulled them towards the Greek ship, damaging the migrants' boat. The
migrants were asked to embark in the military ship but once in, they were
returned to the damaged boat and pushed away. HCG arrived immediately and
took them on their ship, destroying the migrants’ boat. HCG took the migrant's

Measures/Actions taken

Assessment

Final outcome

belongings, divided them in 2 groups and pushed them inside orange boats with
flashing light on top (around midnight). After around three hours the migrants
reached Turkish coast, where two ships pulled them towards Marmaris where
they arrived around 6:00 am.

The case is possibly correlated with Text Removed - Reporting Tools Prevention
of departure which states the following:

On 30 October around Text Removed - Reporting Tools two rubber boats with
approximately 18 migrants on board were early detected by Text Removed -
Technical Equipment at the Text Removed - Operational Area inside TTW. Text
Removed - Reporting Tools informed MRCC Ankara and at Text Removed -
Reporting Tools and Text Removed - Reporting Tools two TCG patrol boats
arrived at the area and took over responsibility of the incident.

Date and time match between Text Removed - Reporting Tools and the Report of
Mare Liberum. The number of migrants is not mentioned in the Mare Liberum
report.

Turkish Coast Guard reported the rescue of 19 migrants on 2 lifeboats on
30.10.2020:

19 Irregular Migrants Were Rescued Off the Coast of Mugla

(https: //en.sg.gov.tr/ 19-irregular-migrants-were-rescued-off-the-coast-of-
mugla-30-10-20)

Additionally (from Anadolu Agency):

Turkish Coast Guard rescues 18 asylum seekers

(https: //www.aa.com.tr/en/turkey/turkish-coast-guard-rescues-18-asylum-
seekers/2028594)

The article does not show the date of the rescue. 18 migrants reported in the
article Text Removed - Reporting Tools

Having in mind the statements of the Text Removed - Reporting Tools and that
no additional information or evidence was obtained from the Text Removed -
Reporting Tools to corroborate the alleged facts, Text Removed - Reporting
Tools recommends the closure of the SIR.

Despite the fact that according to the response from the national authorities,
there was no evidence or proof that allegations from the incident are grounded
and that the reported incident took place, and considering the repetitive nature
of such allegations, including through Frontex SIRs, Text Removed - Reporting
Tools would like to emphasize potential risks in incidents of such nature.

The incident involves allegations on so called „pushback” of a rubber boat full of
migrants conducted by the Text Removed - Human Resources to the border with
Turkey without taking into consideration the personal circumstances of people
present on board. Such police action may amount to collective expulsion, which
Article 19 of the EU Charter explicitly prohibits. The European Court of Human
Rights (hereinafter ”ECtHR”) ruled in several cases that the lack of specific
examination of each individual situation in case of removal of aliens might
amount to a collective expulsion.1 The ECtHR has reiterated that collective
expulsion is “any measure compelling aliens, as a group, to leave a country,
except where such a measure was taken on the basis of a reasonable and
objective examination of the particular case of each individual in the group”.
The lack of individual assessment and any general assessment of the situation in
Turkey, which seems to be applicable in this case, is at odds with the prohibition
of refoulement. Article 19 of the EU Charter, specifically prohibits collective
expulsions, and provides that no one may be removed, expelled or extradited to
a State where there is a serious risk that a person would be subjected to the
death penalty, torture or other ill-treatment.

Moreover, in this context, Text Removed - Reporting Tools would like to
underline the importance of the investigative procedure to be conducted in a
full compliance with the principles of impartiality, objectivity, and
confidentiality. Text Removed - Reporting Tools has repeatedly called for
involvement of the central internal control units in investigations where
fundamental rights allegations are at stake, even at the local level with a clear

Personal Data

supervisory role. Such control should ideally be carried out by fundamental
rights experts/focal points at central level of Member States authorities where
this figure exists. Following the established investigation/inquiry procedures in
such cases is of outmost importance to guarantee an adequate treatment of the
information and procedural safeguards of the interviewed persons.

Last but not least, Text Removed - Reporting Tools underlines the significance of
the prompt and efficient exchange of information and follow-up among involved
national stakeholders and Frontex, in particular, Text Removed - Reporting
Tools. As a possible best practice, sharing final investigative reports with
Frontex and Text Removed - Reporting Tools may be considered in similar cases
as it could be beneficial for all stakeholders to add transparency and provide
feedback on the measures taken by the host Member State when incidents
alleging violations of fundamental rights occur during operational activities.

FRONT=EX

Serious Incident Report no. 11446/2021

Report date and time (UTC)

Last modification date and time (UTC)

Reporting entity/function
SIR Status

Workflow Status

SIR Category

Subject

Joint operation

JORA incident number

Original source of information
FX SI Handler

Frontex resources involved

Use of force

Incident dates (UTC)

Location of the incident
Latitude

Longitude

Location details

Reference to the operational area
Type of resources / involvement
Dead persons

Injured persons

Missing persons

Details

Information/Allegations

2021-04-27 08:43

2022-12-15 09:36

Text Removed - Reporting Tools
Closed

Processed

Valid to 2021-04-30: 4 - Situations of alleged violations of Fundamental Rights or
international protection obligations

Possible Violation of Fundamental Rights - Alleged physical harm of migrant by
Hellenic Police

JO FOA Land 2021

Text Removed - Reporting Tools

Text Removed - Human Resources

Text Removed - Human Resources

No

No

2021-04-24 Text Removed - Reporting Tools
Text Removed - Operational Area Korg, Albania
Text Removed - Operational Area

Text Removed - Operational Area

Yes

On 25/04/2021, Text Removed - Human Resources reported about 6 migrants
Text Removed - Personal data apprehended near the Text Removed -
Operational Area after IBC from Greece to Albania. All persons were transported
to the Text Removed - Operational Area by Albanian BMP. As three of them were
exhausted, medical support and food was provided by the Albanian BMP. While
being processed, one Text Removed - Personal data citizen raised a complain on
how the group was treated by the Text Removed - Reporting Tools on the day
before. In consultation with the Text Removed - Human Resources, an additional
interview to be carried out by the Text Removed - Reporting Tools was
scheduled for the next day.

During the interview on 26/04/2021, before mentioned Text Removed - Personal

Measures/Actions taken

Assessment

Final outcome

data citizen reported that the group was travelling from Thessaloniki (GRC) to
Kastoria (GRC) by bus on 24/04/2021. The bus was stopped at a vehicle check
point by the Text Removed - Reporting Tools near Kastoria and they were
transferred to a minibus of the Text Removed - Reporting Tools A few minutes
later, a second bus was stopped by the Police and another group of migrants
were put out to be transferred to the Text Removed - Operational information
van. According to the Text Removed - Personal data citizen, he witnessed that
one migrant of the second group (probably Text Removed - Personal data
national) was slapped by a Text Removed - Human Resources because he didn’t
want to hand over his mobile to the Police. Allegedly, all persons (14) were
transported to the Greek land border with Albania directly where the group of
Text Removed - Personal data citizens crossed the border towards Albania later
illegally.

Text Removed - Personal data citizen who claimed to witness the mistreatment
of the Text Removed - Personal data national described the van as dark-blue
coloured without blue lights. Driver and passenger were separated from the back
and they wore blue-coloured uniforms.

Update Text Removed - Reporting Tools 27APR2021:

According to the information provide by Text Removed - Human Resources there
were 3 patrols deployed to Text Removed - Operational Area on 24/04/2021,
namely Text Removed - Human Resources Text Removed - Human Resources and
Text Removed - Human Resources None of the patrols was involved in the
incident.

- Registering and processing the migrant after IBC

- Carrying out interview on voluntary basis

- Offering access to FX complaint mechanism

- Introducing SIR into Text Removed - Reporting Tools

The Text Removed - Personal data migrant who allegedly witnessed the
mistreatment of another migrant (Text Removed - Personal data) was
interviewed by the Text Removed - Reporting Tools Apart from his testimony,
neither there was other evidence to provide nor Text Removed - Personal data
nationals were found on the Albanian side at this time. Moreover, none of the
other migrants apprehended was willing to confirm the situation allegedly
witnessed by the Text Removed - Personal data citizen. Nevertheless, it should
be noted that the Text Removed - Reporting Tools reported five Text Removed -
Personal data nationals on 25/04/2021, who were proven to stay legally in
Greece, were prevented from exit to Albania near Text Removed - Operational
Area Whether there is a connection cannot currently be proven.

After completion the interview, the Text Removed - Personal data migrant was
provided with information on the Frontex Complaint Mechanism by the Text
Removed - Reporting Tools. However, the person didn’t submit the complaint in
the presence of Text Removed - Reporting Tools at this stage. The person was
released with the obligation to leave Albania on a voluntary basis within the next
days.

At this end, there is no evidence to support the migrant’s allegation. It has to be
pointed out that no Text Removed - Reporting Tools was involved in the incident
described by the migrant.

Text Removed - Reporting Tools considers that the alleged facts could amount to
serious breaches of the right to life, integrity, asylum, human dignity, the
prohibition of torture and inhuman and degrading treatment, and of collective
expulsion.

Furthermore, Text Removed - Reporting Tools does not consider the information
provided by the Text Removed - Reporting Tools to be sufficient to corroborate
or refute the alleged facts of the case provided via SIR.

Having in mind the statement of the Text Removed - Reporting Tools and that no
additional information or evidence was obtained neither from the Text Removed
- Reporting Tools to corroborate the alleged facts, Text Removed - Reporting
Tools recommends the closure of the SIR.

Despite the fact that according to the response from the national authorities and
considering the repetitive nature of such allegations, Text Removed - Reporting
Tools would like to emphasize potential risks in incidents of such nature.

The incident involves allegations on so called „pushback” of migrants conducted
by the Text Removed - Reporting Tools to the border with Albania without taking
into consideration the personal circumstances of people present on board. Such
law enforcement action may amount to collective expulsion, which Article 19 of
the EU Charter explicitly prohibits. The European Court of Human Rights
(hereinafter ”ECtHR”) ruled in several cases that the lack of specific
examination of each individual situation in case of removal of aliens might
amount to a collective expulsion. The ECtHR has reiterated that collective
expulsion is “any measure compelling aliens, as a group, to leave a country,
except where such a measure was taken on the basis of a reasonable and
objective examination of the particular case of each individual in the group”.
The lack of individual assessment, which seems to be applicable in this case, is
at odds with the prohibition of refoulement. Article 19 of the EU Charter,
specifically prohibits collective expulsions, and provides that no one may be
removed, expelled or extradited to a State where there is a serious risk that a
person would be subjected to the death penalty, torture or other ill-treatment.

The allegations relate to police conduct that potentially amounts to degrading
treatment of persons in a vulnerable situation, which is specifically prohibited by
Article 4 of the EU Charter. As defined by the European Court of Human Rights
(hereinafter ”ECtHR”), degrading treatment is an ill-treatment which arouses in
victims’ “feelings of fear, anguish and inferiority capable of humiliating and
debasing them and possibly breaking their physical or moral resistance”. Such
police alleged acts directly interferes with the right to human dignity which as
set by Article 1 of the EU Charter, must be respected, and protected.

Furthermore, in the course of aforementioned police officers’ actions, it is clear
that the persons subjected to these actions did not have access to an effective
remedy when transferred to the border with Albania. As provided by Article 47
of the EU Charter, the persons whose rights and freedoms guaranteed by law of
the EU are violated have the right to an effective remedy.

Moreover, in this context, Text Removed - Reporting Tools would like to
underline the importance of the investigative procedure to be conducted in a
full compliance with the principles of impartiality, objectivity, and
confidentiality. Text Removed - Reporting Tools has repeatedly called for
involvement of the central internal control units in investigations where
fundamental rights allegations are at stake, even at the local level with a clear
supervisory role. Such control should ideally be carried out by fundamental
rights experts/focal points at central level of Member States authorities where
this figure exists. Following the established investigation/inquiry procedures in
such cases is of outmost importance to guarantee an adequate treatment of the
information and procedural safeguards of the interviewed persons.

On the issue of sharing personal data addressed in the communication by the
Text Removed - Reporting Tools, the Status Agreement signed between the
European Union and the Republic of Albania allow for the processing of personal
data only for administrative purposes. Therefore, Frontex may not collect any
personal data during the operational activities, e.g.: during the debriefing
interviews.

Last but not at least, Text Removed - Reporting Tools underlines the significance
of the prompt and efficient exchange of information and follow-up among
involved national stakeholders and Frontex, in particular Text Removed -
Reporting Tools

In view of the above, Text Removed - Reporting Tools recommends the following
actions:

For Text Removed - Reporting Tools

1. To share final investigative reports with Frontex and Text Removed -