imported-pad-2023-00047-doc-2-of-2
Dieses Dokument ist Teil der Anfrage „Serious Incident Reports (SIRs) filed between August 2020 and December 2021“
Measures/Actions taken Assessment SAR operations continued for the purpose of finding 1 missing person. On 21 March 2021 at 16:25, the missing migrant was detected as alive and rescued and delivered to 112 Emergensy Service Ambulance staff at Cesme Port. (https: //en.sg.gov.tr/sar-operations-initiated-off-the-coast-of-izmir-are-still- ongoing) A strategy discussion meeting between Text Removed - Reporting Tools Text Removed - Reporting Tools Text Removed - Reporting Tools Text Removed - Reporting Tools TUR was held and two incidents potentially linked to the reported event off Chios were identified. Both incidents are reported in Text Removed - Reporting Tools pending for Text Removed - Reporting Tools Text Removed - Reporting Tools One incoming flow with 2 migrants; Text Removed - Reporting Tools One prevention of departure with 9 migrants involved Text Removed - Reporting Tools Text Removed - Reporting Tools requested Text Removed - Human Resources if there was any information or request to Text Removed - Reporting Tools regarding a SAR incident occurred this morning in TTW, involving TUR Coast Guard, with 3 casualties and 3 rescued persons. Text Removed - Human Resources informed that this information would be checked and shared. ao Original information collected from Text Removed - Reporting Tools Text Removed - Reporting Tools oa Text Removed - Reporting Tools o Text Removed - Reporting Tools o Text Removed - Reporting Tools https: //en.sg.gov.tr/sar-operations-initiated-off-the-coast-of-izmir-are-still- ongoing Turkish Coast Guard published on their official website following article, referring to alleged HR violations by Text Removed - Reporting Tools On 19 March 2021 at 02:55 a.m. it was reported that there was a group of irregular migrants off the coast of Izmir’s Cesme district. CG boat was dispatched to the scene and 2 irregular migrants were taken from the sea. As 1 of the irregular migrants was unconscious, he was transferred to Cesme Port and delivered to 112 Emergency Service staff. It was learnt that the mentioned person died at the hospital. 3 additional CG boats, 1 CG helicopter and 1 CG Diving team were immediately dispatched to the scene at the same time. As a result of the SAR operations, 2 people were detected on Bogaz Island and rescued. Dead bodies of 2 irregular migrants were taken on the surface of the sea. In line with the statements of the irregular migrants, it was learnt that they were put in plastic handcuffs and beaten by Text Removed - Reporting Tools Their possessions were seized. They were directly left to the sea without any lifeboat or inflatable boat. They were 7 people in total. SAR operations are still ongoing for the purpose of finding 1 missing person. Legal investigation on the incident has been launched by Cesme Public Prosecutor. On 19 March, at 02:55 a.m. HCG published a press release about the event: http: //www.hcg.gr/node/24305 “Text Removed - Reporting Tools categorically denies the statement of the Turkish Coast Guard, which is originally reproduced in the Turkish media and refers to the alleged involvement of the Text Removed - Reporting Tools in the mistreatment of immigrants who were collected dead inside the Turkish territorial water. These allegations are completely non-existent. They are fake news that are part of the constant effort of the Turkish side to tarnish the image of the country with a misinformation campaign and the promotion of false news." Text Removed - Reporting Tools considers that the alleged facts could amount to serious breaches of the right to life, integrity, asylum, human dignity, the
Final outcome 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 this 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, including other similar cases reported 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 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 and any general assessment of the situation in Turkey, which seems to be applicable in this case, is at odds with the prohibition of refoulment. 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 as well to the Text Removed - Human Resources 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 alleged acts directly interfere 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 Coast Guards’ 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 Turkey. 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 - Human Resources 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 - Human Resources 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 at least, Text Removed - Human Resources underlines the significance of the prompt and efficient exchange of information and follow-up
Personal Data among involved national stakeholders and Frontex, in particular Text Removed - Human Resources. In view of the above, Text Removed - Human Resources recommends the following actions: For the Text Removed - Reporting Tools 1. To share final investigative reports with Frontex and Text Removed - Human Resources 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. 2. To continuously train and sensitise coast guards to the need to assess and act in accordance with fundamental rights standards. For Frontex: 1. For the Text Removed - Reporting Tools, to ensure that the risks outlined in this, and other SIRs related to Greece as a host Member State, are reflected in future operation planning and implementation. 2. To encourage as well to protect Text Removed - Reporting Tools reporting Serious Incidents to Text Removed - Human Resources Against this backdrop, the Text Removed - Reporting Tools will evaluate the possibility for a longer-term deployment of Text Removed - Reporting Tools to the border region of Greece to address heightened fundamental rights risks specific to this region.
FRONT=SX Serious Incident Report no. 10824/2021 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 2021-03-13 08:35 2022-10-11 09:59 Text Removed - Reporting Tools Closed Processed Valid to 2021-04-30: 4 - Situations of alleged violations of Fundamental Rights or. international protection obligations 40 people allegedly pushed back North East of Lesvos Poseidon 2020 Text Removed - Reporting Tools NGO Aegean Boat Report Text Removed - Human Resources No No Text Removed - Reporting Tools Lesvos, Lesvos, Greece Text Removed - Operational Area Text Removed - Operational Area North East of Lesvos Yes On 23 December 2020, the Aegean Boat Report reported via open sources about an alleged push-back carried out by the Hellenic authorities during the night between 23-24 December 2020, in localization northeast of Lesvos. The Aegean Boat Report published the following information: *Allegations published by AEGEAN BOAT REPORT: | A boat is in distress north-east of Lesvos carrying approximately 30 people, many of them children, the boat has been drifting for several hours after a patrol boat from the Hellenic coast guard took the engine off the boat and dropped it in the sea. Turkish coast guard is informed of their location since the boat now is inside Turkish waters.
Measures/ Actions taken Assessment Within the same timeframe two potential incidents have been registered in Frontex Text Removed - Reporting Tools respectively nominated as prevention of departure, which could be linked with the above reported event. The supplementary information published on the official site of the Turkish Coast Guard could also be related to the reported allegations. *Operational information from Text Removed - Reporting Tools Text Removed - Reporting Tools On December 23rd at Text Removed - Reporting Tools a rubber boat with approximately 40 migrants on board was early detected by Text Removed - Technical Equipment at the sea area north of Lesvos Island, inside TTW. A TCG patrol boat that was patrolling in the area took over the responsibility of the incident. Details: e The detection date and time of the incident is 23.12.2020 Text Removed - Reporting Tools e The interception date and time of the incident is 23.12.2020 Text Removed - Reporting Tools Coordinates of the incident: Text Removed - Operational Area These coordinates are quite similar to the NGO’s images showing the coordinates of the vessel in FB Text Removed - Operational Area Both coordinates reported in Text Removed - Reporting Tools and ABR are inside TUR SRR). Incident no Text Removed - Reporting Tools « On 23rd of December 2020 at Text Removed - Reporting Tools a rubber boat with approximately 40 migrants on board was early detected by Text Removed - Technical Equipment at the sea area East of Lesvos Island, inside TTW. A TCG boat which was nearby, escorted the boat of migrants towards the Turkish coasts. 15.03.2021 - SIR is reported to Frontex and Text Removed - Human Resources is nominated as a Text Removed - Human Resources in this case. 29.06.2022 - Text Removed - Human Resources shares a communication with the Text Removed - Reporting Tools requesting further information on the potential actions taken. 22.07.2022 - The Text Removed - Reporting Tools requests for resharing the SIR in question, which was further proceeded on 08.08.2022. 10.08.2022 - The Text Removed - Reporting Tools replied providing the following information: The national authorities declare that no additional information is available other than the one included in the official reports of the respective Text Removed - Reporting Tools and the operational assets concerned, which has already been communicated to the Agency through the official reporting mechanism [named in Text Removed - Reporting Tools as “’prevention of departure’’]. The national authorities also underline that the operational asset of the Text Removed - Reporting Tools which was involved in the management of the incident, was operating within the context of the national activity and as such was outside of the framework of the Frontex JO Poseidon 2020. Information collected - Contributors/Entities consulted - Follow-up a Original information collected from Aegean Boat Report, Text Removed - Reporting Tools o Text Removed - Reporting Tools o Text Removed - Reporting Tools oa Text Removed - Reporting Tools The events reported by NGO Aegean Boat Report and the Turkish Coast Guard are mutually supportive. In addition to that, the events reported in Text Removed - Reporting Tools (2 Preventions of Departure) are consistent with the information provided by the NGO and the Turkish Coast Guard. Text Removed - Human Resources 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 by the Text Removed - Reporting Tools
Final outcome Personal Data 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 - Human Resources 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 considering the repetitive nature of such allegations, including other similar cases reported through Frontex SIRs, Text Removed - Human Resources 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, including children, 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 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 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. Furthermore, in the course of aforementioned Coast Guards’ 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 Turkey. 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 - Human Resources 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 - Human Resources 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 Text Removed - Reporting Tools 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 at least, Text Removed - Human Resources underlines the significance of the prompt and efficient exchange of information and follow-up among involved national stakeholders and Frontex, in particular Text Removed - Human Resources which was shown in this case. As a possible best practice, sharing final investigative reports with Frontex and Text Removed - Human Resources 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 - Human Resources 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=SX Serious Incident Report no. 10113/2021 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 2021-01-14 19:40 2022-12-14 17:20 Text Removed - Reporting Tools Closed Processed Valid to 2021-04-30: 4 - Situations of alleged violations of Fundamental Rights or international protection obligations Alleged violation of fundamental rights Flexible Operational Activities WB - Albania 2020 Text Removed - Human Resources Text Removed - Human Resources No No Text Removed - Reporting Tools Kuril& (Bilisht Qend&r), Korg&, Albania Text Removed - Operational Area Text Removed - Operational Area Text Removed - Operational Area No Text Removed - Reporting Tools escorted by Text Removed - Human Resources 0 0 0 On 14.01.2021 Text Removed - Reporting Tools Text Removed - Human Resources informed the Text Removed - Human Resources and Text Removed - Reporting Tools about next kind of incident and immediately informed Text Removed - Reporting Tools about the following: On 14.01.2021 around Text Removed - Reporting Tools near Text Removed - Operational Area Text Removed - Human Resources and Text Removed - Human Resources met during the patrol suspected 8 irregular migrants. The irregular migrants did runaway and three (3) ALB police officers and three Text Removed - Human Resources started run after them. After 100 metres 2 Text Removed - Operational information decided to turn back to pick up the cars
Measures/Actions taken Assessment Final outcome and 3 ALB and Text Removed - Human Resources continued to run after the irregular migrants. 1-2 ALB police officers shot all together 10-15 warning shots to make the irregular migrants to stop. After reaching the irregular migrants they were apprehended by officers. The ALB officer(s) put the irregular migrants to sit on the ground. One ALB officers who was wearing on the Frontex armband pointed with his weapon the irregular migrants to the head and said "Bang, Bang, Bang". Later on another ALB officer yelled to the irregular migrants "I will kill you mother fuckers". Later on the irregular migrants were apprehended and transported by ALB police to the further investigations. Above discribed situation was eye-witnessed by Text Removed - Human Resources - See Incident- and Text Removed - Reporting Tools attached to this SIR process. Request from Text Removed - Reporting Tools engaged, Text Removed - Reporting Tools Text Removed - Reporting Tools contacted Text Removed - Reporting Tools and informed him about the case. Text Removed - Reporting Tools informed about SIR further proceeding according to the Text Removed - Reporting Tools According to the statement no pictures were taken from the reported event. Local authorities are conducting investigation related to the above mentioned case. Immediate measures were already taken by local authorities to suspend the main concerned local officer 20.01.2021: Text Removed - Reporting Tools informed that The Albanian Police immediately suspended the police officer who has fired the warning shots and also the other police officer who was using inappropriate communication with migrants. Albanian police will also adapt the national operational briefing for their own police officers. It needs to be noted that Albanian police officers regularly participate in the operational briefings and receive the same information from Frontex and local authorities as the deployed Text Removed - Human Resources. This is the last update on the case from the Text Removed - Reporting tools side, since we have no more information to provide No injured migrant, nor representative from Text Removed - Reporting Tools / ALB LO No public witness about the event, Text Removed - Reporting Tools apparently informed immediately Text Removed - Reporting Tools and only Text Removed - Human Resources after more than 5 hours following the event. Text Removed - Human Resources considers that the confirmed facts amount to serious breaches of the Text Removed - Reporting Tools and fundamental rights violations. Furthermore, Text Removed - Human Resources assesses the information provided by the Albanian authorities to be sufficient to corroborate or refute the alleged facts of the case provided by the reporting Text Removed - Reporting Tools. Having in mind the statement of the Albanian authorities informing about closure of the case and implementing the disciplinary procedures towards two involved Albanian officers, Text Removed - Human Resources recommends the closure of this SIR. Text Removed - Human Resources appreciates the actions taken by the national authorities and the corresponding implementation of relevant disciplinary measures. At the very same time, Text Removed - Human Resources would like still to emphasize potential risks in incidents of such nature, in particular:
Personal Data 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. In view of the above, Text Removed - Human Resources recommends the following actions: For the Albanian authorities: 1. To share final investigative reports with Frontex and Text Removed - Human Resources as it could be beneficial for all stakeholders to add transparency and provide feedback on the measures taken by the national authorities when incidents alleging violations of fundamental rights occur during operational activities. 2. To continuously train and sensitise police officers to the need to assess and act in accordance with fundamental rights standards, including use of weapons and force. 3. To ensure application of safeguards and provision of assistance within the limits of what is possible as soon as migrants are detected. For Frontex: 1. For tthe Text Removed - Reporting Tools, to ensure that the risks outlined in this, and other SIRs related to Albania, are reflected in future operation planning and implementation. 2. To encourage as well to protect Text Removed - Reporting Tools reporting Serious Incidents to Text Removed - Human Resources Last but not at least, Text Removed - Human Resources underlines the significance of the prompt and efficient exchange of information and follow-up among involved national stakeholders and Frontex, in particular Text Removed - Human Resources
FRONT=EZX Serious Incident Report no. 13103/2020 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 2020-12-25 16:02 2022-06-10 15:52 Text Removed - Reporting Tools Closed Processed Valid to 2021-04-30: 4 - Situations of alleged violations of Fundamental Rights or international protection obligations 3 Text Removed - Personal Data men drowned when attempting illegal border- crossing to Greece Flexible Operational Activities 2020 Land Interview of an Text Removed - Personal Data migrant in Crotone Text Removed - Human Resources No No Text Removed - Reporting Tools Greece, - , Greece Text Removed - Operational Area Text Removed - Operational Area Text Removed - Operational Area in Greece No Text Removed - Reporting Tools 3 The interviewee stated in an interview on 24.12.2020 in Crotone, that he 3 times tried to reach Greece by land. One attempt was on 28.11.2020 in the afternoon. Here there was a group with a mixed composition. There were also migrants from Africa. They tried to cross the river at the coordinate Text Removed - Operational Area with a rubber dinghy and get to Greece. This given co-ordinate has been converted to decimal degrees: | Text Removed - Operational Area and resulted in a location in the Text Removed. - Operational Area on the Greek side. According to a Google Maps map, this is clearly the territory of Greece. On the Turkish side, the small village of Text Removed - Operational Area is not far away.
