FRONTEX Serious incident report no. 11095/2020 Report date and time (UTC)            2020-04-22 17:08 Reporting person                      Text Removed (Personal Data) Last modification date and time (UTC) 2020-12-03 17:13 Last modification done by             Text Removed (Personal Data) SIR Status                            Closed 2 - Incidents occurring in Frontex activities/joint operations, return operations and other return-related activities and not FSC SIR Category related to Frontex staff, or other participants in Frontex activities Type of SIR                           4 Final SIR Subject                               Frontex Surveillance Aircrafts Sighting in Eastern Aegean Joint operation                       MAS 2019-2020 JORA incident number Original source of information        FSC Team Leader Frontex SIR Coordinator Frontex resources involved            No Incident dates (UTC)                  2020-04-18 21:05 Detection date (UTC)                  2020-04-18 21:05 Location of the incident Latitude                              39.4458333333 Longitude                             26.4391666666 Reference to the operational area     Yes Events occurred on 18-19/04/2020, in which the Frontex Surveillance Aircraft intervened while performing a surveillance Type of resources / involvement flight between the Greek and Turkish maritime border near the island of Lesvos. Dead persons                          0 Injured persons                       0 Missing persons                       0 Details

Please be informed that due to technical issues (limited number Fact of the case of characters) in this field, all Information/Allegations are stored in the attached word document in Documents field. a) To address HCG with an official letter requesting to lunch an internal investigation (attachment 2020.04.30_ED Letter _SIR_GR) b) To coordinate the possible follow up measures on the SI in Measures cooperation with the respective MS authorities, if applicable. c) To send a Final SIR to the FSC Senior Duty Officer; attached to the respective SIR in JORA and to close the SI in JORA. a) Frontex Coordinating Officer responsible for JO Poseidon 2020 and RBI Aegean supported the information gathering in relation to the SI in close cooperation with Frontex Situation Center (FSC) and SI-Coordinator to ensure proper and timely transmission of the information, for further monitor situations and to subsequently report SI to FSC. b) All the appropriate reporting channels were followed as specified in the respective Operational Plan. c) Most of the available information collected came from the Frontex Situation Center (FSC) considered as a recognised and reliable source of data. Information provided is accurate and Assessment precise, supported by the preserved surveillance camera footages. Information collected by the HCG are reflected in the correspondence with FSC and FDU: response to the Frontex Coordinating Officer’s request. d) Based on the initial information it is suspected that the incident has characteristics of a case of an unprocessed return and violation of the principle of non-refoulement. More details in attachment: 2020.05.01_Final SIR Report_11095.2020 a) Information collected within the framework of SI, including the Frontex Surveillance Asset camera footage, proved that no Frontex asset or Frontex co-financed asset was involved in the Serious Incident. b) However, due to the nature of the incident and taking into consideration the complexity of the situation where migrants were safe when they were on board the patrol vessel and then placed back in the rubber boat, put again in a distress situation Final outcome    and left adrift without means of propulsion (the engine was missing on the rubber boat when it was left drifting in the Turkish TTW ) there is a strong believe that presented facts support an allegation of possible violation of Fundamental Rights or international protection obligations such as the principle of non-refoulement. Documents

Serious incident document No.                       1 Title                     2020.04.30_ED Letter _SIR_GR.docx Name                      2020.04.30_ED Letter _SIR_GR.docx Date                      2020-05-05 Serious incident document No.                       2 Title                     2020.05.01_Final SIR Report_11095.2020.docx Name                      2020.05.01_Final SIR Report_11095.2020.docx Date                      2020-05-05 Serious incident document No.                       3 Title                     RE 11095 2020 FORMAL SIR – Frontex Surveillance Aircrafts Sighting in Eastern Aegean.msg Name                      RE 11095 2020 FORMAL SIR – Frontex Surveillance Aircrafts Sighting in Eastern Aegean.msg Date                      2020-05-10 Serious incident document No.                       4 Title                     FW 11095 2020 FORMAL SIR – Frontex Surveillance Aircrafts Sighting in Eastern Aegean .msg Name                      FW 11095 2020 FORMAL SIR – Frontex Surveillance Aircrafts Sighting in Eastern Aegean .msg Date                      2020-05-10 Serious incident document No.                       5 Title                     11095 2020 FORMAL SIR – Frontex Surveillance Aircrafts Sighting in Eastern Aegean.msg Name                      11095 2020 FORMAL SIR – Frontex Surveillance Aircrafts Sighting in Eastern Aegean.msg Date                      2020-05-10 Serious incident document No.                       6 Title                     11095 2020 Serious Incident Report – Frontex Surveillance Aircrafts Sighting in Eastern Aegean_SI Coordinator_function delegation.msg Name                      11095 2020 Serious Incident Report – Frontex Surveillance Aircrafts Sighting in Eastern Aegean_SI Coordinator_function delegation.msg Date                      2020-05-10

Serious incident document No.                       7 Title                     Information - Allegations.docx Name                      Information - Allegations.docx Date                      2020-05-10 Serious incident document No.                       8 Title                     11095 2020 FINAL SIR – Frontex Surveillance Aircrafts Sighting in Eastern Aegean.msg Name                      11095 2020 FINAL SIR – Frontex Surveillance Aircrafts Sighting in Eastern Aegean.msg Date                      2020-12-03

Subject:                            FW: 11095/2020: FINAL SIR – Frontex Surveillance Aircrafts Sighting in Eastern Aegean From: Text Removed (Reporting Tools) Sent: 5 May, 2020 19:03 To: < Text Removed (Personal Data) >; < Text Removed (Reporting Tools) >; < Text Removed (Reporting Tools) >; < Text Removed (Reporting Tools) >; < Text Removed (Reporting Tools) >; < Text Removed (Reporting Tools) >;. < Text Removed (Reporting Tools) >;. < Text Removed (Reporting Tools) >; < Text Removed (Reporting Tools) > Subject: 11095/2020: FINAL SIR – Frontex Surveillance Aircrafts Sighting in Eastern Aegean 11095/2020: FINAL SIR – Frontex Surveillance Aircrafts Sighting in Eastern Aegean    HCG patrol boat involved in the incident is not co-financed by Frontex.    HCG assets on the scene were not operational assets of JO Poseidon 2020 or RBI Aegean 2020.    Sea Border Expert representing ICC Piraeus for law enforcement and SAR functions was a Hellenic Coast Guard Officer based in ICC Piraeus due to current COVID-19 travel restrictions.    The HCG expert giving instructions was a HCG Sea Border Expert.    The asset involved in the serious incident was under direct command of the HCG.    HCG stated that:  The boat, when first sighted, was in Turkish territorial waters.  They took appropriate measure to address illegal border crossing of migrants on-board, also ensuring the safety of the migrants on- board the rubber boat.  Following coordination between Greek and Turkish authorities, each Authority assumed their responsibilities putting an end to the situation.    According to the SIR Coordinator assessment and bearing in mind the sequence of events already detailed on the formal SIR notification; migrants were safe when on-board the Greek patrol boat and they were left in a distress situation when placed back in a rubber boat and left adrift with no propulsion.    There is a strong indication that these facts could support an allegation of possible violation of Fundamental Rights or international protection obligations such as the principle of non-refoulement.    HCG will be addressed requesting an internal investigation. Best regards, 1

Senior Duty Officer 24/7 service Monitoring Hub – Frontex Situation Centre Situational Awareness and Monitoring Division Text Removed (Reporting Tools) Text Removed (Reporting Tools) 2

Subject:                             FW: 11095/2020: FORMAL SIR – Frontex Surveillance Aircrafts Sighting in Eastern Aegean Importance:                          High From: Text Removed (Personal Data) Sent: 25 April, 2020 14:19 To: < Text Removed (Reporting Tools) >; < Text Removed (Reporting Tools) >; < Text Removed (Reporting Tools) > Cc: < Text Removed (Reporting Tools) > Subject: RE: 11095/2020: FORMAL SIR – Frontex Surveillance Aircrafts Sighting in Eastern Aegean Importance: High Dear colleagues In order to properly prepare a comprehensive and detailed assessment of the event described in SIR (11095/2020: FORMAL SIR – Frontex Surveillance Aircrafts Sighting in Eastern Aegean) - please provide me with the information, clarification and/or confirmation concerning the below stated queries/subjects: 1.    Was the Greek Patrol Boat involved in the incident co-financed by Frontex (FX asset)? 2.    What was the role of ICC in the incident and the communication during it? 3.    Was the FX flight part of agreed JO’s patrols or FSC own pre-frontier? 4.    Who was the HCG expert giving instructions, is he ICC staff or FSC’s own contacts? 5.    Were the HCG vessels on scene operational assets of the JO? 6.    Who led and gave the orders to embark the migrants on board and put them back to TR TTW? 7.    Was FCO/OM aware of the situation? 8.    Please provide me with a copy of correspondence already sent to the GR authorities 9.    Provide any additional information regarding possible violation of Fundamental Rights / Code of Conducts 10.   Any other relevant information related to the incident Regards Text Removed (Personal Data) Head of Field Deployment Unit Operational Response Division Text Removed (Reporting Tools) Text Removed (Reporting Tools) 1

From: Text Removed (Personal Data) Sent: Friday 24 April 2020 13:33 To: < Text Removed (Reporting Tools)>; < Text Removed (Reporting Tools) > Subject: FW: 11095/2020: FORMAL SIR – Frontex Surveillance Aircrafts Sighting in Eastern Aegean Importance: High Dear Text Removed (Personal Data) Regards Text Removed (Personal Data) - I need full intel reg. this incident – A.S.A.P. Head of Field Deployment Unit Operational Response Division Text Removed (Reporting Tools) Text Removed (Reporting Tools) From: Text Removed (Reporting Tools) Sent: Thursday 23 April 2020 13:49 To: Text Removed (Reporting Tools) Subject: 11095/2020: FORMAL SIR – Frontex Surveillance Aircrafts Sighting in Eastern Aegean Dear colleagues, Please find herewith the corrected text of this SIR. On behalf of DSAM, apologies for the confusion. 11095/2020: FORMAL SIR – Frontex Surveillance Aircrafts Sighting in Eastern Aegean Find below the chronological order (Zulu time) of events which occurred on 18-19/04/2020, in which the Frontex Surveillance Aircraft intervened while performing a surveillance flight between the Greek and Turkish maritime border near the island of Lesvos: 18.04.2020      At 22:58 HCG Sea Border Expert, based in ICC Piraeus informed FSC Team Leader about an incident north of Lesvos (39° 26’ 45’’N – 026° 26’ 21’’E) asking to reach the point.      At 23:05 Frontex Surveillance Aircraft (FSA) spots a rubber boat with approx. 20-30 POB, stopped, and one Greek Patrol vessel is very close. 2

    At 23:22 FSC Team Leader sends the Early Warning report to the competent Greek Authorities (incident inside Greek TW - Two HCG patrol boats and one TCG are in the vicinity of the target).     At 23:38 HCG Sea Border Expert cleared Frontex Surveillance Aircraft to resume normal patrolling. 19.04.2020     At 00:03 Frontex Surveillance Aircraft observes and sends to FSC the picture of the Greek patrol boat towing an empty rubber boat. The migrants are on board the patrol boat.     At 00:06 HCG Sea Border Expert asks Frontex Surveillance Aircraft to fly south, contrary to flight schedule to fly south-east.     At 02:37 the migrants are transferred on board the rubber boat previously towed from the patrol boat, the second patrol boat, a Rigid Hulled Inflatable Boat (RHIB), awaits in the vicinity.     At 02:43 Frontex Surveillance Aircraft affirms that nearby the rubber boat with migrants on board there are no TCG vessels, only Greek HCG.     At 02:46 Frontex Surveillance Aircraft takes a picture of a Greek patrol vessel towing the rubber boat with migrants on board towards TUR Territorial Waters with course 051°. HCG Sea Border Expert requests to fly north.     At 02:57 HCG Sea Border Experts sends instructions to fly northbound for the remaining 30 min of flight, when the Team Leader asks if there is any specific reason to fly north the reply is “negative”.     At 03:21 Frontex Surveillance Aircraft communicates that the rubber boat has no engine and it is adrift at 39°16’N 026°35’E. Greek assets are departing the area leaving the rubber boat adrift.     At 04:48 Team Leader proposes to HCG Sea Border Expert to divert TASTY, aerial asset already airborne, to check the rubber boat. HCG Sea Border Expert replies: “Negative. Tasty will continue its normal route”.     Once Frontex Surveillance Aircraft had landed, FSC Team Leader offers a second flight to Greek authorities to collaborate with the mentioned SAR being rejected the aid on the grounds that the Turkish Coast Guard had assumed the coordination of the incident.     At 15:55 Greek Authorities inform that according to information received, that same morning the rubber boat landed safely on the Turkish shores under the monitoring of a Turkish Coast Guard vessel. FSC proposes HoU.FDU to act as the Serious Incident Coordinator for this case. Related articles have been published on the media (Link)” 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) 3