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"title": "SIR 11095/2020",
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"content": "Warsaw, 30 April 2020\r\n\r\nFINAL SIR REPORT\r\n\r\nSIR incident: 11095/2020: FORMAL SIR - Frontex Surveillance Aircraft’s\r\nSighting in Eastern Aegean\r\n\r\n1. Executive summary\r\n\r\nN/A - Hellenic Coast Guard asset involved in the Serious Incident is not\r\nconsidered as a participant in the Frontex activities (RBI/JO)\r\n\r\n \r\n\r\n2. Scope of the report\r\n\r\nReport consists a collection of information related to the Sl: 11095/2020: FORMAL SIR - Frontex\r\nSurveillance Aircrafts Sighting in Eastern Aegean gathered by the Serious Incident Coordinator (SI-\r\nCoordinatror) till 30/04/2020. As an administrative fact-finding exercise determines whether a Serious\r\nIncident has occurred and provides an assessment of the situation with explicite focus on the elements\r\ndescribed in SIR Standard Operating Procedure.\r\n\r\n3. Mission plnning and mission execution\r\n\r\n \r\n\r\nFrontex - European Border and Coast Guard Agency\r\nwww.frontex.europa.eu | Pl. Europejski 6, 00-844 Warsaw, Poland | Tel. +48 22 205 95 00 | Fax +48 22 205 95 01",
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"content": "4. Description of the event\r\n\r\nChronological order (Zulu time) of events occurred on 18-19/04/2020 in which the Frontex Surveillance\r\nAircraft intervened while performing a surveillance flight between the Greek and Turkish maritime\r\nborder near the island of Lesvos:\r\n\r\nEVENT\r\n\r\n \r\n\r\n18.04.2020 22:55 hrs Frontex contracted aircraft (METIS) took off from MYTILENE airport (LGMT) and\r\nwas directed to investigate an incident at 39°26’45’’N 026° 26'21’’E.\r\n\r\n18.04.2020 22:58 hrs Hellenic Coast Guard (HCG) Sea Border Expert, based in International\r\nCoordination Centre (ICC) Piraeus informed FSC Team Leader about an incident\r\nnorth of Lesvos (39° 26’ 45'’N - 026° 26’ 21’’E) asking to reach the point.\r\n\r\n18.04.2020 23:05 hrs METIS sighted a migrant boat in vicinity of (IVO) 39°25’N 026°23’E, stopped with\r\napproximately 20-30 Persons On Board (POB). There were 2 HCG and 1 Turkish\r\nCoast Guard (TCG) patrol vessel in close attendance. The migrant boat was taken\r\nunder tow by an HCG vessel heading 025° at 3kts.\r\n\r\n \r\n\r\n18.04.2020 23:22 hrs FSC Team Leader sends the Early Warning report to the competent Greek\r\nAuthorities (incident inside Greek Territorial Waters (TW) - Two HCG patrol\r\nboats and one TCG are in the vicinity of the target).\r\n\r\n18.04.2020 23:38 hrs HCG Sea Border Expert instructed Metis to resume normal patrolling. At\r\n23:46Z, METIS reached WP-A, NEXT turned towards WP-B.\r\n\r\n19.04.2020 00:03 hrs HCG patrol vessel was observed in vicinity of (IVO) 39°24’N 026°24’E having\r\ntaken the migrants on board and towing the empty rubber boat.\r\n\r\n19.04.2020 00:06 hrs HCG Sea Border Expert asks METIS to fly south, contrary to flight schedule to fly\r\nsouth-east.\r\n\r\n19.04.2020 00:23 hrs METIS passed WP-B and continued towards WP-C. At 0027, METIS was directed\r\nto reverse track for de-confliction.\r\n\r\n \r\n\r\n19.04.2020 00:34 hrs METIS passed WP-B and continued towards WP-A.\r\n\r\n19.04.2020 01:04 hrs METIS turned at WP-A to reverse track. At 0135, METIS passed WP-B towards WP-\r\nC.\r\n\r\n19.04.2020 01:42 hrs METIS was directed to reverse track for de-confliction and continued towards\r\nWP-B.\r\n\r\n19.04.2020 01:47 hrs METIS passed WP-B and continued towards WP-A. At 0221, METIS turned at WP-\r\nA.\r\n\r\n19.04.2020 02:40 hrs METIS imaged HCG patrol vessel reloading the migrants onto the rubber boat IVO\r\n39°15’N 026°32’E. A nearby RHIB (Rigid Hull Inflatable Boat) then took the\r\nrubber boat on tow hdg 051° at 2.5kts towards Turkish Territorial Waters.\r\n\r\n19.04.2020 02:43 hrs METIS affirms that nearby the rubber boat with migrants on board there are no\r\nTCG vessels, only Greek HCG.\r\n\r\n19.04.2020 02:46 hrs METIS takes a picture of a Greek patrol vessel towing the rubber boat with\r\nmigrants on board towards Turkish Territorial Waters with course 051°. HCG Sea\r\nBorder Expert requests to fly North.\r\n\r\n \r\n\r\nFrontex - European Border and Coast Guard Agency\r\nwww.frontex.europa.eu | Pl. Europejski 6, 00-844 Warsaw, Poland | Tel. +48 22 205 95 00 | Fax +48 22 205 95 01",
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"content": "19.04.2020 02:57 hrs HCG Sea Border Experts sends instructions to fly northbound for the remaining\r\n30 min of flight, when the FSC Team Leader asks if there is any specific reason\r\nto fly north the reply is “negative”.\r\n\r\n19.04.2020 03:15 hrs METIS declared BINGO (fuel limitation time) and began to RTB (Return to Base).\r\nIts final image showed the migrant boat adrift IVO 39° 16’N 026° 35’E.\r\n\r\n19.04.2020 03:21 hrs METIS communicates that the rubber boat has no engine and it is adrift at\r\n39°16’N 026°35’E. Greek assets are departing the area leaving the rubber boat\r\nadrift.\r\n\r\n19.04.2020 03:30 hrs METIS landed at LGMT (Mitilini airport).\r\n\r\n19.04.2020 04:48 hrs FSC Team Leader proposes to HCG Sea Border Expert to divert TASTY, aerial\r\nasset already airborne, to check the rubber boat. HCG Sea Border Expert replies:\r\n“Negative. Tasty will continue its normal route”.\r\n\r\nOnce Frontex aircraft had landed, FSC Team Leader offers a second flight to\r\nGreek authorities to collaborate with the mentioned SAR being rejected the aid\r\non the grounds that the Turkish Coast Guard had assumed the coordination of\r\nthe incident.\r\n\r\n19.04.2020 09:38 hrs Ho.CCO informed the Operational Manager of JO Poseidon about the sighting and\r\nrequested to collect the additional information from the ICC.\r\n\r\n \r\n\r\n19.04.2020 10:00 hrs Frontex Coordinating Officer (FCO) contacted the ICC coordinator by the phone:\r\ninformed about the incident and requested for the position of the HCG on the\r\nincident. ICC coordinator initially did not provide any reply, instead requested\r\na written report with all the facts to be considered internally by the HCG.\r\n\r\n19.04.2020 15:55 hrs Greek Authorities informed that according to information received, that same\r\nmorning the rubber boat landed safely on the Turkish shores under the\r\nmonitoring of a Turkish Coast Guard vessel.\r\n\r\n \r\n\r\nFrontex - European Border and Coast Guard Agency\r\nwww.frontex.europa.eu | Pl. Europejski 6, 00-844 Warsaw, Poland | Tel. +48 22 205 95 00 | Fax +48 22 205 95 01",
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"content": "5. Timeline analysis\r\n\r\n03 302\r\nEnd of\r\nflight\r\n\r\nittkliile:\r\n\r\nHHe:\r\n\r\n08 39z\r\nIcc\r\nrefuses\r\nthe\r\nsecond\r\nsortie\r\npropos\r\nedby\r\nFSC\r\n\r\nHis\r\n\r\n_\r\nA\r\n\r\ndlnafketefstft\r\n\r\n \r\n\r\n6. Information gathered within the frame of the Serious Incident:\r\n11095/2020\r\n\r\na) HCG patrol boat involved in the incident is not co-financed by Frontex.\r\n\r\nb) HCG assets on the scene were not operational assets of the JO Poseidon 2020 or RBI Aogean\r\n2020.\r\n\r\nc) There is no co-financed host MS CPB deployed.\r\n\r\nd) The ICC Piraous was represented by the Hellenic Coast Guard Sea Border Expert (SBE), having\r\nboth: law enforcoment and search & rescue function. This profile is usually deployed to the\r\nFrontex Situation Center (FSC) European Monitoring Room but due to the COVID-19 restrictions,\r\nSBE was based in the ICC Piraeus. SBE is also responsible for the operational communication\r\nwith the ICC Piraeus or JRCC in case of any Search & Rescue (SAR) event. SBE representation\r\nis part of the coordination of the deployment of the Frontex coordinated aircrafts, not directly\r\ncoordination part of the Joint Operation/Rapid Border Intervention.\r\n\r\n©) Before each flight, the Sea Border Expert representing the ICC participates in a pre-briefing\r\nwhen the Operation Order (OPORD) is defined. For flights taking place within the Joint\r\nOperation, the exact flight plan and the schedule of the mission are always pre-approved by\r\n\r\nthe ICC. The Sea Border Expert approved the OPORD on the base of ICC instructions.\r\nf) The flight was scheduled by the ICC Piraeus and it was conducted inside the JO Poseidon\r\n\r\nOperational Area.\r\n\r\nFrontex - European Border and Coast Guard Agency\r\nwww.frontex.europa.eu | Pl. Europejski 6, 00-844 Warsaw, Poland | Tel. +48 22 205 95 00 | Fax +48 22 205 95 01",
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"content": "g) The HCG expert giving instructions was a Hellenic Coast Guard Sea Border Expert (SBE)\r\nnominated for the purpose of coordinationg FSC flight.\r\n\r\nh) The asset involved in the SI was under a direct command of the HCG.\r\n\r\ni) The Frontex Coordinating Officer together with a Frontex Operational Manager were informed\r\nby FSC on 19.04.2020 around 08:00 hrs, with the request to collect all the additional\r\ninformation about the incident from the ICC. FCO contacted by phone the ICC coordinator and\r\ninformed about the incident, at the same time requesting a statement /report from the HCG\r\nwith regard the incident in question. ICC coordinator initially did not provide any reply, later\r\non requested a written report with all the facts to be considered internally by the HCG. The\r\nreply is still pending from the HCG.\r\n\r\nj) The mission report of the asset was sent to HCG on 22/04/2020 at 15:41 hrs by FSC.\r\n\r\nk) FSC proposed Head of Field Deployment Unit to be act as the Serious Incident Coordinator (SI-\r\nCoordinator).\r\n\r\nl) SI-Coordinator - coordinated the collection of information by requesting all the relevant\r\ninformation and intelligence concerning the SIR incident: 11095/2020: FORMAL SIR - Frontex\r\nSurveillance Aircraft's Sighting in Eastern Aegean, including the exchange of communications.\r\n\r\nm) SI-Coordinator requested support of FSC and FDU (OIS): demanding the timline analysis and\r\nasked to keep track on the actions taken (logs).\r\n\r\n7. Additional information related to the Serious Incident and undertook\r\nactions\r\n\r\na) On 29/04/2020 Frontex Coordinating Officer requested formal information/statement from\r\nthe Greek authorities setting up a deadline on 30/04/2020 EOB.\r\n\r\nb) On 30/04/2020 16:40 hrs Frontex Coordinating Officer received on behalf of the Operational\r\nCooperation Unit an answer form the Integrated Maritime Surveillance Bureau Hellenic Coast\r\nGuard HQ as regards the circumstances of the event that took place on 19/04/2020 as\r\nfollowing:\r\n\r\nAccording to the Greek authorites the circumstances decribed in the SI involved a boat carrying\r\na number of people which was first sighted by a Frontex participating unit in Turkish territorial\r\nwaters. The Turkish authorities were promptly informed and the Hellenic Coast Guard\r\nauthorities took the appropriate measures to address the illegal border crossing of the persons\r\nonboard the boat. To this end the Greek authorities undertook all the necessary steps and\r\ndecided the course of action, including appropriate measures to ensure the safety of the\r\npersons concerned, in conformity with the international law and the European legislation.\r\n\r\nIn this context, the situation ended with the efficient on the field coordination between the\r\nGreek and the Turkish authorities. All these actions, in full compliance with international law,\r\nwere conducted smoothly, without raising any complaints nor objection, while each side\r\nassumed its responsibilities.\r\n\r\nThe above actions, considering the difficulties of such situations at sea, were carried out in\r\nfull respect of the rights of all parties involved. Moreover the need to intensify the efforts for\r\nthe prevention of unauthorized border crossings due to serious health risks related to the\r\nCOVID 19 outbreak was taken under consideration.\r\n\r\nThis constitutes the complete full picture of the event which occurred on 19 April 2020, and is\r\nprovided in order to avoid any misconception that might arise from fragmented and incomplete\r\ninformation on the matter.\r\n\r\nc) Alltthe information collected within the frame of SI are stored and loged by FSC.\r\n\r\nFrontex - European Border and Coast Guard Agency\r\nwww.frontex.europa.eu | Pl. Europejski 6, 00-844 Warsaw, Poland | Tel. +48 22 205 95 00 | Fax +48 22 205 95 01",
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"content": "8. Assessment a) Frontex Coordinating Officer responsible for JO Poseidon 2020 and RBI Aegean supported the information gathering in relation to the SI in close coopearation with Frontex Situation Center (FSC) and SI-Coordinator to ensure proper and timely transmission of the information, for further monitor situations and to subsequently report SI to FSC. b) All the appriopate reporting channels were followed as specified in the respective Operational Plan. c) Most of the available information collected came from the Frontex Situation Center (FSC) concidered as a recognised and reliable source of data. Information provided is accurate and precise, supported by the preserved surveillance camera footages.1 Information collected by the HCG are reflected in the correspondence with FSC2 and FDU: response to the the Frontex Coordinating Officer’s request. d) Based on the initial information it is suspected that the incident has characteristics of a case of an unprocessed return and violation of the principle of non-refoulement. 9. Final conclusion a) Information collected within the framework of SI, including the Frontex Survillance Asset camera footage, proved that no Frontex asset or Frontex co-financed asset was involved in the Serious Incident. b) However, due to the nature of the incident and taking into consideration the complexity of the situation where migrants were safe when they were on board the patrol vessel and then placed back in the rubber boat, put again in a distress situation and left adrift without means of propulsion (the engine was missing on the rubber boat when it was left drifting in the Turkish TTW3) there is a strong believe that presented facts support an allegation of possible violation of Fundamental Rights or international protection obligations such as the principle of non- refoulment. 10. Way forwad a) To address HCG with an official letter requesting to lunch an internal investigation. b) To coordinate the possible follow up measures on the SI in cooperation with the respective MS authorities, if applicable. c) To send a Final SIR to the FSC Senior Duty Officer; attached to the respective SIR in JORA and to close the SI in JORA. 1 All surveillance camera footage is the property of the Hellenic authorities in accordance with the Operational Plan/MASS/FASS Framework Contract 2 Request for continuation of the flight, which was rejected by the HCG, and the information provided by the HCG, informing FSC about the landing of the migrants at the Turkish coast 3 FSC Mission Report, p 11 Frontex - European Border and Coast Guard Agency www.frontex.europa.eu | Pl. Europejski 6, 00-844 Warsaw, Poland | Tel. +48 22 205 95 00 | Fax +48 22 205 95 01",
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