Pylos Frontex Incident Report
SENSITIVE ANNEX 5 Final SI-Handler Report Template Warsaw, 01/12/2023 FINAL SI REPORT SIR 12595/2023 SI-Handler: Fundamental Rights Office Key Points Incident: On the night of 13-14/06/2023, the overcrowded fishing vessel Adriana, carrying approximately 750 migrants from Libya towards Italy, capsized and subsequently sank off the coast of Pylos, Greece, in the Greek Search and Rescue (SAR) zone. The boat was initially reported by an NGO in contact with migrants on board to the Italian Maritime Rescue Coordination Centre (MRCC). The Italian MRCC informed Greek authorities and Frontex. Frontex dispatched a fixed wing aircraft, which spotted the vessel, overcrowded but sailing slowly, around noon local time. Frontex did neither flag the boat as a distress case nor issue a Mayday alert. The Greek authorities, responsible for coordination of assistance, did not initially declare a search and rescue situation. Instead, in the late afternoon, drawing on support by commercial ships in the vicinity, the Greek authorities attempted to supply Adriana with food and water. The ship capsized and sank in the early morning the next day, according to some as a result of attempts to tow it by the Greek authorities. 104 people were rescued from the sea by the Hellenic Coast Guard and commercial vessels, with up to 650 dead. Possible violation of fundamental rights enquired: right to life (Article 2 of the Charter of Fundamental Rights of the European Union), prohibition of inhuman or degrading treatment (Article 4 of the Charter of Fundamental Rights of the European Union), respect for human dignity (Article 1 of the Charter of Fundamental Rights of the European Union) Party allegedly involved in the incident: Frontex Surveillance Aircrafts, Hellenic Coast Guard Officers, Joint Rescue and Coordination Center (JRCC) Piraeus Reporting Tools 2x Conclusion and impact: Fundamental Rights Office finds that Frontex followed applicable procedures when based on the aerial sighting - it categorized Adriana as a non-distress case and merely transmitted collected information to the Greek authorities. At the same, the Fundamental Rights Office considers that, going forward and based on a reviewed assessment methodology, the Team should assess similar cases more thoroughly against the need to issue a Mayday alert, especially when the competent national authorities do not provide information about their assessment of the situation and follow-up steps, such as declaring the boat as being in distress or initiating a search and rescue operation. In the hours following the sighting of Adriana, Frontex made three attempts to follow up on the case, by suggesting additional Frontex Surveillance Aircraft (FSA) sorties. No reply was received by the Greek authorities to repeated offers until . In general, the Office is not in a position to However, it appears that the Greek authorities failed to timely declare a search and rescue and to deploy a sufficient number of appropriate assets in time to rescue the migrants. The Office regrets the lack of information provided by the Greek authorities to its enquiry but still expects to receive updates from the national investigations in progress. 1
SENSITIVE Description of the event - Timeline Reporting Tools Front Fundamental Rights Office first learned about a migrant fishing vessel with more than 600 people on board on 13/06/2023 a regular notification t 14:29 UTC, the assigned Fundamental Rights Monitor received an update from the Team,1 which included a summary of the sighting but did not flag anything out of the ordinary regarding the vessel at this point. Reporting Tools 5x On 14/06/2023 at 06:19 UTC, the assigned Fundamental Rights Monitor received another update from the , notifying that Adriana sank overnight and a SAR operation was in progress. The Fundamental Rights Monitor arrived to the Room at approximately 06:30 UTC to obtain more information about the case and the rescue underway. At this point, no Frontex Surveillance Aircraft was present in the area (Heron 2 had left at 05:55 UTC). The Fundamental Rights Monitor was briefed by the Team Leader about the course of the incident, from initial Frontex sighting to shipwreck, including about offers of support made by Frontex and lack of response by the Greek authorities. The Monitor reviewed the log and record of exchanges between the and Frontex Aircrafts sighting Adriana and later the ongoing rescue. The Fundamental Rights Monitor recorded the receipt by at 07:48 UTC of a notification by the Greek authorities that further assistance by Frontex was not needed, as the traffic in the area of the SAR operation needed to be minimized for safety reasons. Adriana, statements by Greek officials, and initial information reported in the media. Serious Incident Report (SIR) 12595/2023 was launched on 26/06/2023 to clarify the role of Frontex in the incident as well as the legality and fundamental rights compliance of the assistance to the boat in distress, and the coordination and conduct of the rescue operation by national authorities. The following timeline summarizes the events of 13-14/06/2023 based on Frontex records: On 13/06/2023: At 08:01 UTC, the MRCC Rome informed the JRCC Piraeus and Frontex about a fishing vessel with approximately 750 migrants on board, known to be sailing within the Greek Search and Rescue Region (SRR) at 06:51 UTC. According to the information shared by the MRCC Rome, there were reports of two dead children on board. At 08:33 UTC, the Frontex surveillance aircraft Eagle 1, deployed under JO Themis 2023 and already flying over the Ionian Sea, was directed to investigate the position of the reported fishing vessel even though said location lied outside the normal patrolling route. Reporting Tools At 09:47 UTC, Eagle 1 spotted a blue fishing vessel at 36°05 18 021°04 14 approximately 600+ migrants on board (sighting FSA ), sailing at the speed of 6 knots in direction north- east. The competent Greek authorities were promptly informed. At 09:57 UTC, Eagle 1 left the area and returned to base, due to low fuel levels. At 13:18 UTC, the MRCC Rome provided an update on the situation of the fishing vessel to the JRCC Piraeus and Frontex, according to which the boat was reported adrift within the Greek SRR at 11:02 UTC and with 7 people dead on board. At 14:54 UTC, Frontex received an email from NGO Watch the Med - Alarm Phone, alerting Frontex, JRCC Piraeus, the boat at 13:13 UTC (at 36°15 021°02 ). The email informed that among 750 people on board, there were several very sick individuals, including babies, and that the boat was not able to sail. At 15:19 UTC, Frontex forwarded the email to the Greek National Coordination Centre (NCC) and JRCC Piraeus, and at 15:36 UTC, it was received by the Fundamental Rights Office as well. Reporting Tools At 16:35 UTC, Frontex contacted the competent national authorities (JRCC Piraeus and NCC), requesting an update on the situation of the fishing vessel (FSA ), as well as offering the support by a Frontex Surveillance Aircraft to check again its position. No reply was received to this offer. Reporting Tools 3x 1 The Team is headed by a Frontex Team Leader and leads aerial surveillance flights from the Room at Frontex HQ. 2
SENSITIVE Operational area At 18:50 UTC, the Greek authorities requested Frontex to support them in the detection of a migrant boat within the maritime area south of Crete, as part of another SAR operation. In view of this request, the Frontex surveillance aircraft Heron 2, which took off from airport at 18:45 UTC, was directed towards the indicated location. At 19:50 UTC, Heron 2 spotted a sailing boat with approximately 50+ Operational area migrants on board, adrift south of Crete (sighting FSA ). Reporting tools At 21:34 UTC, Frontex contacted again the competent national authorities (JRCC Piraeus and NCC), offering support by a Frontex Surveillance Aircraft to check the position of the fishing vessel (FSA ) Reporting tools with Heron 2. No reply was received. Reporting tools 3x At 21:52 UTC, Frontex contacted the competent national authorities (JRCC Piraeus and NCC), suggesting to continue patrolling with Heron 2, taking into account that the migrant boat located at the south of Crete (FSA ) was floating properly. No reply was received to that suggestion. At 23:20 UTC, Heron 2 was directed by Frontex towards the last known position of the fishing vessel (FSA , after releasing a final update on the migrant boat at the south of Crete (FSA ) at 23:15 UTC. On 14/06/2023: Reporting tools At 02:46 UTC, Frontex informed the competent national authorities (JRCC Piraeus and NCC) that Heron 2 was heading towards the last known position of FSA . No reply was received by the Hellenic authorities. At 04:05 UTC, Heron 2 reached the operational area (36°16 58 021°03 15 assets (8 merchant vessels + 1 Hellenic Coast Guard (HCG) patrol vessel) and 2 helicopters involved in a large-scale SAR operation. No signs of the fishing vessel were spotted. At 05:31 UTC, Frontex contacted the competent national authorities (JRCC Piraeus and NCC), informing them that Heron 2 was about to leave the area and offering support to the SAR operation with Eagle 1, already airborne. At 05:55 UTC, Heron 2 shared the last update from the ongoing SAR operation, and left the area, returning to . Operational area At 07:48 UTC, the Greek authorities replied to Frontex that no further aerial surveillance support was needed for the time being. According to the press release issued by the Hellenic Coast Guard on 14/06/2023, the incident was recorded by the Greek authorities in the following manner: On 13/6/2023: At approximately 08:00 UTC, the JRCC Piraeus was informed by the MRCC Rome about a fishing vessel with a great number of migrants on board, spotted sailing in international waters south of the Peloponnese. At approximately 11:00 UTC, the HCG managed to establish communication with the reported fishing vessel, but no request for assistance was addressed to the Greek authorities. At 12:35 UTC, a HCG helicopter located the fishing vessel, reportedly sailing with a steady course and speed. Subsequently, the JRCC Piraeus requested vessels sailing in proximity to alter their course and sail towards the fishing vessel. At approximately 15:00 UTC, the HCG helicopter took off again to check the fishing vessel again. The vessel was reportedly still sailing with a steady course and speed. At approximately 15:00 UTC, a Maltese-flagged commercial vessel approached the fishing vessel to supply the migrants on board with food and water, as requested by the JRCC. The commercial vessel crew repeatedly asked people on the fishing vessel whether they were facing any kind of danger or were in need of additional support from the Greek authorities. Their answer was that they just wanted to continue sailing towards Italy. At approximately 15:30 UTC, the JRCC Piraeus managed to contact the fishing vessel via a satellite phone. The reply received from the fishing vessel was that besides food and water, no other assistance was needed and that they wanted to keep sailing towards Italy. At approximately 18:00 UTC, a Greek-flagged commercial vessel was instructed by the JRCC to approach the fishing vessel for the provision of food and water supplies or any other support needed. The migrants accepted the water but threw the rest of the supplies into the sea. 3
SENSITIVE From 12:30 until 18:00 UTC, the operations center of the Ministry of Maritime Affairs contacted the fishing vessel via a satellite phone multiple times. The people on board the fishing vessel continued to repeat that they wanted to keep sailing towards Italy and that they did not wish to receive any assistance on the part of Greece. At 19:40 UTC, the HCG Coastal Patrol Vessel (CPV) 920 approached the fishing vessel and remained at a close distance in order to observe it. The fishing vessel was moving at a steady course and speed, without any indications of sailing problems. At 22:40 UTC, the fishing boat stopped moving and informed the Greek authorities that they had an engine failure. Immediately, the HCG CPV 920 further approached the fishing vessel to assess the situation. At 23:04 UTC (02:04 a.m. local time), the HCG CPV 920 reported that the fishing vessel took an inclination to the right side, then a sudden inclination to the left side and again a great inclination to the right side, and eventually capsize. People on the external deck fell in the sea and the vessel sunk within 10 to 15 minutes. The HCG initiated a SAR operation. According to media reports information, the following alleged discrepancies have been identified in terms of timeline and actions of the involved stakeholders (at the time of launch of the SIR 22/06/2023): HCG allegedly tied ropes onto the fishing vessel in an effort to tow it, causing destabilization and capsizing. At first, the HCG denied having ever tied ropes onto the fishing boat (HCG spokesperson statements on 16/06/2023, early morning). Later on, the same day, the Greek government spokesperson, followed by a respective HCG announcement, acknowledged that the HCG CPV 920 had attached one rope onto the vessel approximately 3 hours before the shipwreck, to ascertain the condition of the passengers and the boat but insisted there was no attempt to tow it. The rope was removed by the migrants on board the vessel after only a few minutes. Subsequently, the HCG CPV 920 moved away observing the fishing vessel from a close distance. Several media outlets, including the British Broadcasting Corporation (BBC), claimed in the aftermath of the shipwreck that the overcrowded fishing vessel had not been moving for several hours before it capsized. According to the HCG press release of 14/06/2023, the fishing vessel was moving at a steady course and speed, without any indications of sailing problems from 19:40 UTC to 22:40 UTC. On 19/06/2023, the HCG issued a new press release clarifying that the fishing boat travelled for approximately 24 NM from the time of detection until afternoon hours, when it stopped sailing for more than 4,5 hours to facilitate the provision of supplies from the Maltese-flagged and the Greek-flagged commercial vessels. According to the official Greek statement, after the conclusion of the abovementioned supply operations, the fishing vessel kept sailing for approximately 6 NM (30 NM in total from the time of detection until it capsized). Information collected Contributors/Entities consulted Follow-up Fundamental Rights Office focused in its assessment on the main issues of relevance to the SIR: (i) Frontex role, (ii) the coordination of assistance and rescue by national authorities, and (iii) the national investigation into the incident. Other aspects of the case, even if broadly discussed in the media (such as the alleged deficiencies in the assistance provided to the survivors upon their disembarkation in Greece), were not at the centre of the given the scope of the Serious Incident mechanism, even if fragments of relevant information have become available during the course of the investigation. Reporting tools 1) Incident reported in the Joint Operations Reporting Application (JORA) by the Greek authorities In JORA, the Greek authorities reported the incident in the following manner: JRCC Piraeus received information from the Italian authorities regarding a fishing boat with numerous persons on board at the area south-west of the Peloponnese. JRCC Piraeus ordered commercial vessels in the vicinity to attempt to locate the fishing boat. At 4
SENSITIVE 12:47 local time (09:47 UTC), the Frontex surveillance aircraft Eagle 1 detected the aforementioned fishing boat, 51.05 NM south-west of Peloponnese, within international waters, inside the Hellenic SRR sailing in northerly direction. The requested vessels and the JRCC Piraeus communicated repeatedly via satellite phone with the aforementioned fishing boat, receiving the response that its destination was Italy, and no further assistance was required except for food supplies. Meanwhile, the HCG CPV 920 arrived at the sea area and remained close to the fishing boat monitoring the situation. On 14/06, at 02:00 LT (23:00 UTC) the fishing boat capsized and sank. Immediately, a SAR operation was launched by the JRCC Piraeus with the participation of the HCG and Hellenic Navy maritime assets, as well as Hellenic Air Force aerial assets and several passing-by vessels. The HCG CPV 920 and the pleasure yacht Mayan Queen approached the scene and rescued 104 third country nationals, while 78 corpses were recovered from the sea. All the rescued migrants were safely transferred to Kalamata's port. After an initial investigation, , they had departed from Libya with Italy as final destination. The incident was later updated with the following information: On 19/06/2023, three bodies and on 21/06/2023, one more body were recovered by the HCG Offshore Patrol Vessel (OPV) 090. 2) Additional information from the media and open sources since the launch of the SIR Alternative and complementary timelines and sources of information have been compiled by international NGOs and journalists investigating the incident. More comprehensive examples of these independent efforts can be found here, here or here). These compilations are credible (more than one source is quoted for each statement) and describe the following course of the shipwreck and rescue: At approximately 15:00 UTC, merchant vessel Lucky Sailor (sent by JRCC Piraeus) supplied water and food and left the scene at 17:00 UTC; At 17:00 UTC, the merchant (tanker) boat Faithful Warrior started attempts to supply food and water; and at 18:30 UTC, according to testimonies of survivors, the tanker tied ropes to the migrant boat. However, as Adriana was pulled closer to the tanker, it started rocking dangerously. The rocking has been documented on a leaked video made possibly from aboard HCG CPV 920 captain, the HCG vessel arrived at 18:45 UTC; according to the HCG statements, HCG CPV 920 did not arrive until 19:40 UTC). At 18:45 UTC, the Faithful Warrior captain reported that food and water had been supplied but the migrants had thrown it overboard and the boat in distress was rocking dangerously; At 20:45 UTC, according to the captain of HCG CPV 920, Adriana stopped moving and his vesse threw a rope and tied the two vessels together; At 21:00 UTC, according to the captain of HCG CPV 920, a few minutes after, the people on the boat untied the rope and moved westwards at a speed of approximately 3 knots. Other analysis and some survivors however testified that the HCG instructed them to follow their boat to Italian waters; At 21:30 UTC, the Faithful Warrior was ordered by the HCG vessel to leave and complied with the instruction; At 22:40 UTC, the HCG CPV 920 reported that Adriana is no longer moving, and the HCG vessel approached the Adriana; At 23:05 UTC (02:05 local time) Adriana capsized, according to the testimony of the HCG CPV 920 captain, within seconds, which resulted in the people on the external deck to fall in the sea and sank 10-15 minutes later. According to some published survivor testimonies, Adriana capsized as a result of attempts to tow it by the HCG CPV 920; At 23:30 UTC (02:30 local time, approximately 25 minutes after the shipwreck) the Mayan Queen IV received a call to assist a boat in distress; At 23:46 UTC the HCG SAR ship Aigaion Pelagos was dispatched from the port of Gythio to the shipwreck (100 NM distance); the vessel stopped at 02:27 UTC and started returning to Gythio at 03:27 UTC, without ever reaching the location of the shipwreck; At 04:37 UTC, the Mayan Queen IV left the location of the shipwreck and headed towards the port of Kalamata, after having collected 100 out of the 104 survivors; Altogether, 104 survivors were rescued and 82 bodies were recovered; survivors estimate that there may have been 750 people in total onboard the Adriana; 5
SENSITIVE Following the disembarkation at the port of Kalamata (Peloponnese), the survivors were transferred to the Reception and Identification Centre (RIC) in Malakassa (Attica). The main controversial issues being raised by NGOs, the media or independent researchers online are: Why was the SAR operation seemingly started (and a SAR vessel dispatched) only after the shipwreck had occurred and not much earlier, upon initial communication from MRCC Rome or the first sighting and localization of Adriana; Was Adriana navigating or stationary between detection and capsize; during which periods was the vessel stationary and when was it moving; What actions immediately preceded the capsizing of Adriana, pointing to differences between survivor testimonies, and the account of the captain of HCG CPV 920, and specifically, whether any actions of the HCG, such as attempts at towing, contributed to the shipwreck; What actions immediately followed the shipwreck given that some published testimonies mentioned dangerous circling by the HCG vessel around the capsized Adriana, making her sink faster; According to some survivor testimonies, phones of the survivors were confiscated immediately after the rescue and were either not returned or returned wiped clean of any potential visual evidence of the incident; Statements by the HCG that no recording of Adriana or the shipwreck is available from the HCG CPV 920 were disputed considering a) the highly advanced technology onboard this HCG vessel, and b) a leaked video, seemingly recorded from the HCG vessel, documenting an attempt to supply Adriana from the Faithful Warrior , which shows a heavily rocking Adriana side to side with a much larger vessel. 3) Initial information from MRCC Rome As stated, MRCC Rome on 13/06/2023 alerted JRCC Piraeus twice about Adriana (first at 08:01 UTC; second at 13:18 UTC). These communications included carbon copies to, among others, the Rescue and Coordination Center Malta, EUNAVFORMED, and Frontex (the International Coordination Center and the . Reporting Tools The first communication, based mainly on an email sent to the MRCC in Rome by an individual in direct touch with people on board, received at 06:30 UTC, informs that: A fishing boat with 750 migrants on board was sailing but the situation on board was critical and included two dead children; There was a satellite phone on board, which was located at position 35.913071 N, 21.017229 E at 06:51 UTC. This position is in the Greek SAR zone. The second communication, again based on the communication with MRCC Rome, and direct satellite phone contact with migrants on board, informed that: Seven people on board were unconscious as of 12:16 UTC; At 11:02 UTC, the boat was at position 36.124215 N, 21.075251 E (Greek SAR zone). At 12:42 UTC, the fishing boat was adrift. 4) The initial Frontex sighting and transmission of information Operational area The Frontex Surveillance Aircraft Eagle 1, deployed under Joint Operation (JO) Themis 2023 and flying on 13/06/2023 since 06:00 UTC from over the Ionian Sea, received at 08:33 UTC an order from the Frontex Team Leader to investigate the fishing vessel reported outside of the JO Themis area of operations, in the Greek SRR. At 09:34 UTC, Eagle 1 left the JO Themis area of operations. Operational area and stayed above until 09:57 UTC, when the aircraft had to return to base, due to low fuel level. While in the area, Eagle 1 recorded a video and took pictures of the boat. It landed in at 11:35 UTC. 6
SENSITIVE Reporting tools 5x Eagle 1 Mission report (nr. ) summarizes the sighting (FSA ) as follows: At 09:47 UTC, Eagle 1 observed a migrant fishing v , 040° at 6 knots, 600+ POB, on engine, not shining on AIS [Automatic Identification System](SS1). At 09:50 UTC, Eagle 1 updated the location of the migrant fishing vessel [FSA ], , SS1). Reporting tools The message regarding the sighting (FSA ) was dispatched by the Team at 10:12 UTC. The message was sent to the Greek NCC and Hellenic Coast Guard. It was copied, among others, to the Italian NCC and MRCC, and JRCC Piraeus. In addition to the information above, the sighting report includes the following data/assessment: Pictures attached show a blue fishing trawler with both its decks completely filled with persons; The migrant boat is approximately 51 NM from the nearest (Greek) shore; The boat is overcrowded on deck and possibly overcrowded under the deck; Sea state 2; The boat has good buoyancy; No lifejackets are visible on board; AIS is switched off. The message did not label , nor does it reference the launch of a Mayday alert. 5) Follow-up operation of the Frontex Surveillance Aircraft Reporting tools The Fundamental Rights office consulted the Mission Reports, emails sent and received, logs and chat records from the on 13 and 14/06/2023. These sources produced the below information: Following the sighting FSA , Frontex on several occasions approached the Greek authorities (JRCC Piraeus, NCC and Hellenic Coast Guard) with the request for updates and to offer further assistance: At 16:35 UTC: please share updates; we are offering to dispatch our aerial assets again; Heron 2 could fly from at 19:00 UTC, or Eagle 1 from . Operational area 2x At 21:34 UTC and 21:52 UTC (at which time Heron 2 was flying south of Crete): Heron 2 could fly to check the position of the fishing vessel. These communications from Frontex received no response from the Greek authorities. Personal Data Reporting tools The Greek authorities approached the at 18:00 UTC (through the Greek Officer) and again at 18:50 UTC (formally, by email) with a request for aerial surveillance support in investigating a different migrant boat south of Crete (a SAR case). Responding to this request: Heron 2 took off from airport at 18:45 UTC; Operational area At 19:50 UTC, Heron 2 spotted a sailing boat with approximately 50+ migrants on board, adrift 38 NM south of Crete (sighting FSA ); Reporting tools At 20:06 UTC, the Team Leader instructed the crew to remain on site to monitor this migrant boat, mentioning in the chat to the crew that this was requested by the Greek authorities; Reporting tools 4x At 21:52 UTC (as already mentioned above), the contacted the competent national authorities (JRCC Piraeus and NCC) by email, suggesting to continue patrolling with Heron 2, taking into account that the migrant boat located at the south of Crete (FSA ) was floating properly. No reply was received to that suggestion. At 23:20 UTC, Heron 2 was directed by Frontex towards the last known position of Adriana (FSA ), after releasing a final update on the migrant boat at the south of Crete (FSA ) at 23:15 UTC. At 23:40 UTC (35 min after the shipwreck), the Greek authorities Modus operandi order closing the airspace around the shipwreck. The Notice specifically law enforcement 3x ed 7
SENSITIVE Modus operandi law enforcement The was later re-issued at 05:48 UTC, with updated co-ordinates, for a period until 06:00 UTC on 17/06/2023 (and was eventually canceled at 09:56 UTC on 15/06/2023). At 02:46 UTC, Frontex informed the competent national authorities (JRCC Piraeus and NCC) that Heron 2 Reporting tools was heading towards the last known position of FSA . No reply was received on the part of the Hellenic authorities. Under the terms of MAS service operating from Frontex can redirect the flight without Operational prior authorization if (i) Heron 2 is already airborne and (ii) the destination is within the area of operation Area and the pre-approved flight pattern which was the case. On the way, Heron 2 climbed to 7,000 ft to comply with the requirements . Modus operandi law enforcement At 03:35 UTC, Heron 2 reached the operational area (36°16 58 021°03 15 o Sea state 2; o No sign of the migrant boat, reported as sunk by the Greek Officer; Personal data 3x o Eight commercial vessels on site: Faithful Warrior, o The presence of a Hellenic Coast Guard patrol vessel (mis-labeled in the report as OPV 930); o Two Hellenic Coast Guard helicopters; o All assets being involved in a large-scale SAR operation. Some persons were rescued by a big motor yacht. Heron 2 stayed on site to search for persons in water. At 05:31 UTC, Frontex contacted the competent national authorities (JRCC Piraeus and NCC), informing them that Heron 2 was about to leave the area and offering support to the SAR operation with Eagle 1, already airborne. Personal data At 07:48 UTC, the Greek authorities (the Officer) replied by email that no further support was needed. 6) Vessel tracking and ship stability consultation In order to clarify whether the migrant vessel Adriana was in fact navigating or drifting prior to the shipwreck (media sources alleged that Adriana was adrift for several hours, in contradiction with initial statements by the HCG), as well as to determine the movement of commercial vessels to and on the scene of the shipwreck, Fundamental Rights Office consulted the vessel tracking team. The resulting report allowed for the following conclusions: The Maritime Simulation Module was unable to simulate the movement of Adriana since this EUROSUR tool can only process events younger than seven days; For the eight commercial vessels sighted around the shipwreck by Heron 2, s identified where and when each deviated from their original route (presumably on request of the HCG or JRCC Piraeus) to come and assist Adriana, and when they returned to their initial heading. The Greek-flagged tanker Faithful Warrior (which had been documented at the scene attempting to provide assistance and filmed next to Adriana at 17:00-21:30 UTC) was tracked between 17:00 and 20:00 UTC. The vessel tracking shows that for most part of this period was likely stationary or moving at extremely slow speed (less than 1 knot). This finding is relevant in the context of the HCG s initial claims that Adriana was sailing normally until 22:40 UTC. The Office likewise consulted maritime experts to gain insight into issues pertaining to stability when a trawler of Adriana type is overloaded with human cargo, and hypothetically exposed to (i) attempts to supply it from much larger vessels with and without a rope affixed, and (ii) attempts to tow it. While the results of the consultation were not quantifiable or precise owing to lacking technical input data the Office understood that: Under some circumstances, human cargo will behave similarly to free liquid surface cargo, exacerbating any lateral movement of the ship; Such forces would be further strengthened, if the people on board were all to move in the same direction running towards water or food thrown or as a result of a sudden pull by a rope); 8
SENSITIVE Furthermore, the distribution of the cargo has a the cargo is placed on a trawler of Adriana type, the more inclined the boat is to capsize. The Office notes that Adriana was overcrowded on all decks, including the topmost one. Some migrant testimonies made public did mention attempts to tie or even tow Adriana. The available video showing a rocking Adriana during an attempt to supply it with water very clearly confirms some of the dangers emphasized by the consulted experts. 7) Human resources 3x Frontex supporting in Malakassa Frontex deployed two screening teams (initially four, later five Frontex officers) from JO Poseidon 2023 to the Malakassa Reception and Identification Centre on 17/06/2023. This was an exceptional deployment (outside of the JO and the operational area), based on a request by the Greek authorities for support with registration procedures. Frontex conducted interviews with the survivors of the shipwreck in Malakassa until 20/06/2023. Together with the Greek officers, the Frontex team registered 76 third country nationals, all males (37 Syrians, 24 Egyptians, 11 Pakistanis and 4 Palestinians). Fundamental Rights Office interviewed the following their mission and consulted Frontex reports summarizing findings of the screening procedures. The main points emphasized by the Frontex screening team relevant for this SIR were: All the survivors applied for asylum in Greece, despite the fact that initially, on 17/06/2023, some were objecting and asking to be sent to Italy. The estimates for persons on board were 125-150 Syrians (five women, six children), 400-425 Pakistanis (less than 30 women and children), 150-170 Egyptians and 10 Palestinians. In total, there were 685 to 755 people on board. Pakistanis were placed by the smugglers on the lowest deck. They used ladders which afterwards were removed. The migrants described that it was impossible to reach the exit because it was very high. On the second deck, there were Arabs and Pakistanis. Migrants described that there were many fights among them. On the upper deck, Arabs were the vast majority. Smugglers in charge of the ship were all Egyptian. They had pocketknives to enforce discipline on the boat and were responsible for distributing food and water. After two days of sailing from Libya (by 10/06/2023), the migrants ran out of food and water and fights over the remaining food started. On day three, some migrants mentioned contacting Italian authorities via satellite phone and receiving the reply that they will be assisted when they reach Italian waters. Six migrants were dead as of day four (12/06/2023) and others were drinking urine and sea water. On day five (13/06/2023), some migrants described receiving supplies from two vessels, and at night, being approached by a small boat that they were asked to follow. However, the migrant boat could not do this because of its engine malfunction. At some point, the captain died of a heart attack and the boat was drifting without engine for extended periods of time. Several migrants described attempts to tow them from what they presumed was a Hellenic Coast Guard vessel, which had tied the rope to the front of the migrant boat and started making turns. This caused the migrants to run to one side, their vessel started rocking, and eventually capsized within 15 minutes. Only people outside, on upper decks, were able to jump into the water. Other testimonies Fundamental Rights Office reviewed several summaries of survivor interviews made in the days following the shipwreck. The survivors in these testimonies mainly confirmed information available already in the public 9
SENSITIVE domain and summarized above, including questions about the causes of shipwreck and criticism of the actions by the Hellenic Coast Guard. Some of the relevant points from these records are: Personal Data, Reporting tools 8) Interaction with national authorities Fundamental Rights Office approached the Greek authorities on 19/07/2023 with a detailed set of questions, enquiring about: Actions taken with respect to the case by the Greek authorities on 13 and 14/06/2023, including the times when commercial vessels were requested to assist Adriana; the time when a SAR was declared; the time when the HCG SAR vessel was dispatched; and overall timeline for all Greek assets involved; How the authorities evaluated the situation on board; Causes of the shipwreck and actions of HCG CPV 920 preceding it; Reasons why Frontex aerial surveillance services were not used when offered during 13/06/2023; Presence and use of recording devices on board the HCG CPV 920; Allegations and, if applicable, purpose of confiscation of mobile phones from rescued migrants. The Greek National Frontex Point of Contact (NFPoC) replied on 25/08/2023. The Fundamental Rights Office regrets that most of its questions were left unanswered. The following statements were made by the Greek NFPoC: Two separate proceedings have been initiated by the judicial authorities and therefore, information cannot be provided beyond what has been published in press releases. Upon completion of these proceedings, additional information will be provided. Execution and coordination of a SAR operation is within the competence of the Piraeus JRCC and does not fall within the scope of jurisdiction. authorities have managed to acquire picture of the situation with own means and nearby vessels the contribution of FRONTEX aerial asset was requested by HCG competent authorities in order to participate in another SAR case south of Crete Island with positive results Assessment Against the backdrop of collected information, Fundamental Rights Office proceeded to assess whether, within applicable international law and the limit of what can be reasonably expected: 10