Pylos Frontex Incident Report

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  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.




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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.




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                                                                             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.




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         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




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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;




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         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.




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                            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




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                            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);




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          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




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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:




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