FRONTEX Serious incident report no. 12790/2020 Report date and time (UTC)            2020-11-21 10:47 Reporting person                      Text Removed – Personal Data Last modification date and time (UTC) 2020-11-23 11:02 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                               report allegations against HCG Joint operation                       Poseidon 2020 JORA incident number Original source of information        Text Removed – Reporting Tools; Human Resource Frontex SIR Coordinator Frontex resources involved            Yes Incident dates (UTC)                  2020-11-09 04:20 Detection date (UTC)                  2020-11-20 17:36 Location of the incident Latitude                              0.0000000000 Longitude                             0.0000000000 Reference to the operational area     Yes Type of resources / involvement       The migrants mentioned the allegations during the screening. Dead persons                          0 Injured persons                       0 Missing persons                       0 Details On 20 November 2020 we had 36 migrants arriving from 3 different incidents. In one of the incidents several of the Fact of the case migrants from the same incident (boat) told us that upon entering Greek waters monday 9th of November they were met

by Hellenic Coast Guard who sailed around them creating large waves making the boat rock from side to side. One of the Greek officers even took out a large pointy object and gesticulated with his hands for them to turn back to Turkey. The Hellenic Coast Guard stopped after approximately 40 minutes when the Turkish Coast Guard came sailing towards the Greeks and asked them to stop. After that the Hellenic Coast Guard escorted the boat to Kos where they were taken into custody. This information were told by several of the 31, primarily, african migrants on the boat. They, of course, feared for their lives. These are not documented incidents but merely the migrant's view of the incident. We have no video nor pictures, only their testimony. Information provided to the OT of JO Poseidon from Text Removed – Reporting Tools; Human Resource related to some allegations from migrants against the actions of the HCG during Measures the interception of their boat on the 09.11.2020. The migrants in subject were rescued in below incident: 01 incoming flow incident occurred in Kos involving 30 (TBC) migrants and an arrest of 1(TBC) facilitator. On 9th November 2020 at 05:20 a rubber boat with thirty (30) migrants on board was detected by HCG CPB Text Removed – Technical Equipment and Text Removed – Technical Equipment at the sea area NE of Kos island inside TTW. After detection JRCC Piraeus informed MRCC Ankara and simultaneously a TUR CG vessel which was close to the boat of migrants was informed but did not respond to the incident at all. Afterwards the TUR CG vessel escorted the above mentioned rubber boat towards to the HTW, obstructing the actions of the HCG CPB and exposing Assessment the lives of the migrants in danger. Subsequently, the TUR CG vessel left the area and all migrants were safely disembarked to Kos island under the close monitoring of HCG CPB Text Removed – Technical Equipment. One (1) facilitator was arrested. Text Removed – Reporting Tools; Human Resource informed that the migrants mentioned the allegations during the screening. Currently Greek authorities are not aware of any complaint from the migrants and at this moment (21/11 10:50) they are not investigating the case. Final outcome Documents

Subject:                                  FW: 12790/2020: JO Poseidon 2020– Serious Incident Report - Possible violation of Fundamental Rights or International protection obligations From: Text Removed (Reporting Tools) Sent: 22 November, 2020 21:51 To: Text Removed (Personal Data) Cc: Text Removed (Personal Data); Text Removed (Personal Data); Text Removed (Personal Data); Text Removed (Personal Data); Text Removed (Reporting Tools) Subject: RE: 12790/2020: JO Poseidon 2020– Serious Incident Report - Possible violation of Fundamental Rights or International protection obligations Dear Text Removed (Personal Data), Following the communication below, we would like to highlight the inconsistency between the information collected from the migrants during the screening st activity and what has been reported by the Greek Authorities in JORA and during the meeting held on November 21 . As proposed in our previous email, we suggest that you seek the support of Text Removed (Reporting Tools) in order to further clarify the incident. Kind regards, Senior Duty Officer 24/7 service Monitoring Hub - Frontex Situation Centre Situational Awareness and Monitoring Division Text Removed (Reporting Tools) Text Removed (Reporting Tools) From: Text Removed (Reporting Tools) Sent: 22 November 2020 19:03 To: Text Removed (Reporting Tools) Subject: 12790/2020: JO Poseidon 2020– Serious Incident Report - Possible violation of Fundamental Rights or International protection obligations 1

12790/2020: JO Poseidon 2020– Serious Incident Report - Possible violation of Fundamental Rights or International protection obligations Text Removed (Reporting Tools; Human Resource), has informed on the following: th                                                                           th    On November 20 , during the screening process of migrants that arrived on Kos on November 9 , some of them stated the following: th o When they entered Greek territorial waters (November 9 ), they were met by a Hellenic Coast Guard (HCG) vessel that sailed around them creating large waves that made the boat rock from side to side; o One of the Greek crew members signaled them to return to Turkey; o After 40 minutes, the Turkish coast guard arrived and told the HCG to stop; o The HCG finally escorted the migrant boat to Kos island. th    During the Joint Coordination Board that took place on November 10 , ICC Piraeus informed the following: th o On November 9 , at 05:20 a rubber boat with thirty (30) migrants on board was detected by HCG CPB Text Removed (Technical Equipment) and Text Removed (Technical Equipment) at the sea area NE of Kos island inside Turkish territorial waters; o After detection, JRCC Piraeus informed MRCC Ankara. At the same time, a Turkish vessel was informed but did not respond to the incident immediately; o Afterwards the Turkish vessel escorted the above mentioned rubber boat towards the Greek territorial waters, obstructing the actions of the HCG CPB and putting the lives of the migrants in danger; o Subsequently, the Turkish vessel left the area and all migrants were safely disembarked in Kos. st    On November 21 , during a meeting Text Removed (Reporting Tools, Human Resources), Greek Authorities confirmed JCB’s information and stated that: o The case was not only an illegal border crossing incident but a “confrontation of HCG and TCG”; o The migrant boat was early detected in Turkish waters; o Two Hellenic Coast Guard vessels and two Turkish Coast Guard boats were involved in the incident; o The TCG assets harassed the HCGs even in the Greek territorial waters and because of the manoeuvers close to the migrant boat, waves were created. o HCG will send an urgent request to the prosecutor of Kos to initiate a criminal investigation of the incident, the migrants will be called up for the investigation. Greek authorities are not aware of any complaint from the migrants at this moment. It is proposed that FRO acts as SI Coordinator and ORD supports from operational perspective. Find enclosed the SIR and the description of the related JORA incident 425493. Senior Duty Officer 24/7 Service 2

Monitoring Hub - Frontex Situation Centre – Situational Awareness and Monitoring Division Text Removed (Reporting Tools) Text Removed (Reporting Tools) Text Removed (Reporting Tools) 3