Microsoft Word - SIR 11860_releasable

Dieses Dokument ist Teil der Anfrage „SIRs since July 2019

Warsaw, 16/12/2020 FRONTEX Serious incident report no. 11860/2020 Report date and time (UTC)            2020-07-29 09:36 Reporting person                      Text removed (personal data) Last modification date and time (UTC) 2020-08-03 14:19 Last modification done by             Text removed (personal data) SIR Status                            Ongoing 4 - Situations of alleged violations of Fundamental Rights or FSC SIR Category international protection obligations Type of SIR                           2 Formal SIR Subject                               Migrants detected in Greek territorial waters returned to Turkey Joint operation                       Poseidon 2020 JORA incident number Original source of information        DNK HELO CO/NO Frontex SIR Coordinator               HoS.OIS Frontex resources involved            Yes Incident dates (UTC)                  2020-07-27 04:21 Detection date (UTC)                  2020-07-27 04:21 Location of the incident Latitude                              Text removed (reference to operational area) Longitude                             Text removed (reference to operational area) Reference to the operational area     Yes Type of resources / involvement       Danish HELO deployed to JO Poseidon 2020 Dead persons                          0 Injured persons                       0 Missing persons                       0 Details • On 27.07.2020 at 06:21LT a Danish helicopter detected a rubber boat with approx. 25 migrants south of Chios in Greek Fact of the case territorial waters. • Once the Hellenic Coast Guard arrived at the scene and took
over the incident, the Danish asset left the area. • JRCC Piraeus informed MRCC Ankara. • According to information provided by Greek Authorities, a Turkish patrol boat took over the responsibility of the incident inside Turkish territorial waters. • The event has been registered as a “Prevention of Departure” by ICC Piraeus. On 27th of July, National Official (NO) of the Danish HELO deployed to JO Poseidon 2020 informed the FOC in ICC by phone on a possible serious incident, where ICC would have requested to change the reported location of a detected migrant boat that was initially spotted by the HELO in the operational area. FOC advised DNK NO and the HELO CO to get in contact with ICC Coordinator in order to clarify the necessary details. On 28th of July, Frontex and the Greek authorities received a SIR Measures from the Danish HELO. On 28th of July the incident has been discussed (FCO/FOC, HCG, DNK NO) in the ICC Piraeus (JCB). ICC has referred to a misunderstanding and that the request to change the location was only applicable for the initial detection in the Turkish TWs. The respective incident was presented by HCG as a prevention of departure. SIR procedure shall be launched by Frontex. There is information provided that indicate a possible location of the migrant boat in Assessment                      the Greek TW and within the operational area of the JO Poseidon. For unknown reasons, the incident has been reportedly concluded in the Turkish side as a prevention of departure. Final outcome Documents Serious incident document No.                       1 Title                     SV Serious Incident Report RELEASABLE TO INTERNET TRANSMISSION .msg Name                      SV Serious Incident Report RELEASABLE TO INTERNET TRANSMISSION .msg Date                      2020-07-29 Serious incident document No.                       2 Title                     11859 2020 Initial SIR - JO Poseidon 2020 Migrants detected in Greek territorial waters returned to Turkey.msg Name                      11859 2020 Initial SIR - JO Poseidon 2020 Migrants detected in Greek territorial waters returned to Turkey.msg Date                      2020-07-29
Serious incident document No.                       3 Title                     SIR - DNK FENNEC 281100LJUL20.pdf Name                      SIR - DNK FENNEC 281100LJUL20.pdf Date                      2020-07-29
Sent:                               25 February 2021 14:13 Subject:                            REDACTED_FW: 11860/2020: Final report for SIR - JO Poseidon 2020: Migrants detected in Greek territorial waters returned to Turkey From: Text Removed – Reporting Tools Sent: 18 February, 2021 19:27 To: Text Removed – Reporting Tools Cc: Text Removed Reporting Tools Subject: 11860/2020: Final report for SIR - JO Poseidon 2020: Migrants detected in Greek territorial waters returned to Turkey Good afternoon dear Colleagues, Please find below the final SIR report received yesterday 17/02/2021 from Field Deployment Unit: Following the receipt of the response from the Hellenic authorities regarding the validation of the incident in JORA. Accordingly, the SI closing message is as follows: In relation to the SIR 11860/2020 (27 July 2020 – ‘Danish HELO’), I would like to conclude the findings FDU has collected / received on this SI process. In this case HoS OIS was indicated as the SI coordinator. Following the occurrence of the incident the Frontex Operational Coordinator (Text Removed – Human Resources) facilitated Denmark to clarify the operational details with the ICC Piraeus on 27 July 2020. Frontex Coordinating Officer (Text Removed – Human Resources) coordinated a meeting / discussion at ICC Piraeus between himself, the Danish National Official and Hellenic Coast Guard ICC staff on 28 July 2020, in order to clarify details of the incident. Subsequently, Frontex launched a SIR procedure on the incident. ED addressed a letter to HCG Commandant on 6 August 2020, requesting to clarify the circumstances of the incident. Their reply to that letter – dated 14 October 2020 - is also attached (along with the other relevant information/exchanges related to this SI, as gathered by courtesy of FSC). According to our findings the Hellenic Coast Guard asset involved in the case (Text Removed – Technical Equipment) was co-financed by Frontex, but did not report any mission at the same time of the event that the one reported by the Danish HELO. Frontex can connect one incident, as reported by HCG asset (Text Removed – Technical Equipment) at 0910L on 27 July 2020, with the Danish HELO detection. There is nonetheless a conflicting time difference of 3 hours between the above time of the incident (reported by the HCG asset) and the one reported by the DNK HELO on 27 July 2020 at 1
0621L. The location for the 2 reported incidents is the same and the (Text Removed – Technical Equipment) was reported by ICC as an intervening asset in the Danish HELO detected incident. According to (Text Removed – Technical Equipment) reporting: it detected a rubber boat with 30 persons on board inside the Turkish Territorial Waters (Text Removed – Sensitive Operational Information) and informed JRCC Piraeus. At 0920L the Turkish Coast Guard vessel (Text Removed – Sensitive Operational Information) arrived on the scene, starting a SAR operation at 0930 in the same position. At 0945L the SAR operation was completed by (Text Removed – Sensitive Operational Information), it rescued persons and took the rubber boat in towing (Text Removed – Sensitive Operational Information). HCG (Text Removed – Technical Equipment) informed JRCC Piraeus. It was confirmed (Text Removed – Internal Decision Making) that the above was indeed likely the same incident, but according to the statement it took quite some time for the migrant vessel to reach the Turkish Waters as it reportedly altered its course continuously. Thus, the incident was reported only by the HCG when the end state was known in the Turkish Territorial Waters. The incident took initially place inside Greek Territorial Waters and thus inside of the operational area of the JO Poseidon. The Hellenic Coast Guard stated that the migrant boat altered its course by its own will in the direction of Turkish Territorial Waters upon arrival of the Hellenic Coast Guard vessel on the scene. According to the statement of the HCG, since the rubber boat with the migrants had already altered its course towards Turkish Territorial Waters there was no opportunity for border policing measures, individual assessment of the persons on-board nor the opportunity for the migrants to ask for asylum. Regarding the issue of the request for changing the location/coordinates of the migrant vessel as brought up by the Danish National Official report by the ICC, Hellenic Coast Guard has repeatedly cited miscommunication in that regard. Based on the nature of the contradicting statements, and despite the attempts by Frontex staff (FCO and FOC) to reach a common conclusion and clarification of what exactly was communicated, it is not possible to verify that aspect. Although we also waited for any further information that might appear (Text Removed – Internal Decision Making), the SIR Coordinator concludes that no further evidencing information is expected to be available and thus considers the SIR to be closed without a factual and confirmed evidence on any breach of fundamental rights nor on a request to change the detection position in the Mission Report. Finally, we note that for the request in validating the incident (Text Removed – Reporting Tools) in JORA – related to SIR 11860, the HCG sent a reply on 16 February 2021, stating the following: “The incident has been amended in JORA as to illustrate the detection of DNK HELO in GRC territorial waters and a comprehensive description was added to better clarify the conclusion of the incident.” Accordingly, the current description in JORA 2 is as follows: “On 27th of July at 06.21 LT a rubber boat with approximately 30 migrants on board was detected by DNK HELO at the sea area SE of Chios island inside GTW. The information passed to HCG (Text Removed – Technical Equipment) which was headed to the area. Upon the arrival of the HCG (Text Removed – Technical Equipment), the facilitator on board the migrants’ vessel reiterated consecutive efforts to avoid interception. Following several unsuccessful 2
attempts to approach the Greek coasts, the aforementioned vessel changed its course and headed back to the Turkish waters where it was immobilized. JRCC Piraeus also informed MRCC Ankara and a TCG patrol boat arrived at the area and took over responsibility of the incident inside TTW.” Kind Regards, Text Removed - Human Resources Text Removed – Reporting Tools Text Removed – Reporting Tools Text Removed – Reporting Tools Text Removed – Reporting Tools FRONTEX European Border and Coast Guard Agency Plac Europejski 6, 00-844 Warsaw, Poland Tel: +48 22 205 9500 · Fax: +48 22 205 9501 www.frontex.europa.eu DISCLAIMER: This e-mail message, including any attachments, cannot be construed as automatically constituting any form of commitment by Frontex , unless its contents clearly indicate otherwise. It is intended solely for the use of the addressee(s). Any unauthorised disclosure, use or dissemination, either in whole or in part, is prohibited. If you have received this message in error, please notify the sender immediately via e-mail and delete the e-mail from your system. 3
;:::: FRONTEX BJ EUROPEAN BORDER AND COAST GUARD AGENCY SERIOUS INCIDENT REPORT Serious Incident Report no. Reporting date: Last modification date: 28 1100L JUL 2020 Reporting person: Text removed (personal data)                                            Last modification done by: FSC SIR Category Subject                                             Potential non-access to the asylum procedure by removal Type of SIR                                         Category 4 JORA Incident number (if any) Frontex activity Frontex SI Coordinator Incident date/time                                  27 JULY 2020 / 1000 LOCAL Detection date/time                                 27 JULY 2020 / 1000 LOCAL Location of the incident                            Chios, Greece Is latitude unknown Latitude                                             text removed (reference to operational area) Is longitude unknown Longitude                                            text removed (reference to operational area) Reference to the operational area (for Operational Area J operational activities) Frontex resources involved (Human resources DNK Helicopter / co-financed technical equipment) Type of resources / involvement Dead persons Injured persons Missing persons Likely or possible effects, reactions, 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
SERIOUS INCIDENT REPORT consequences Source of information Historical information and background of the SI (why/how it happened) 27 0621L JUL 2020: During patrol in Area J near Chios a rubberboat with migrants is detected and identified inside Greek Territorial Waters by the crew onboard the Danish Fennec Helicopter. Shortly after detection the boat is intercepted by Hellenic Coast Guard (HCG), whom passes the rubberboat at relative high speed in regards to the rubberboat laying still. These actions are recorded with FLIR by the Danish Helicopter. After HCG has arrived at the scene and taken over the incident, the Danish helicopter leaves the area to continue mission. 27 1000L JUL 2020: The Danish helicopter detachment is contacted via telephone by the text removed (personal data) from the HCG, and is asked whether it is possible to change the reported coordinates of the above mentioned incident in order to indicate that the incident took place outside Greek Territorial Waters. The request is denied by the Danish detachment. Measures/Actions taken (own/MS/others) 27 1345L JUL 2020: The Danish detachment verbally informed Frontex Operational Coordinator (FOC) at ICC Piraeus of the request to change coordinates in the report pushed forward by the HCG. 27 1721L JUL 2020: The Danish detachment verbally informed Frontex ICC Piraeus, that pending national decision, a possibly SIR would be sent. Assessment / Comments The Danish detachment assesses that the request from HCG to change the reported coordinates of the incident was not a case of misunderstanding. 2/2