The European Ombudsman on the Pylos shipwreck
“Nearly eight months after the Adriana incident, no changes have been made to prevent such an incident from reoccurring”
Emily O’Reilly, the European Ombudsman
On 28 February 2024, the European Ombudsman released her conclusions on EU search and rescue as related to the Pylos shipwreck. The European Ombudsman inquired into how the European Border and Coast Guard Agency (Frontex) complies with its fundamental rights obligations in the context of its maritime surveillance activities, in particular the Adriana shipwreck.
This report comes after the damning report of the Frontex Fundamental Rights Office on the responsibility of the Greek authorities in the Pylos shipwreck, made public on 31 January 2024.
In her report, the European Ombudsman underlines that there are growing concerns about persistent violations of fundamental rights in Greece’s border control operations. In the case of the Adriana shipwreck, the Ombudsman finds that Frontex had grounds to doubt whether Greece did comply with its fundamental rights obligations, since, for example, it explicitly ordered Frontex not to deploy surveillance aircraft to an ongoing emergency. She also cites the ECHR’s recent condemnation of Greece for the Farmakonisi shipwreck in 2014 and, consequently, that the Adriana tragedy took place when Frontex was fully aware of the recent history of concerns about the Greek authorities’ compliance with fundamental rights obligations. She also cites that “repeated allegations have been made by survivors, by media outlets and by civil society organisations that actions by the Greek Coast Guard (HCG) contributed to the sinking of the boat.”
The Ombudsman underlines that the investigation of the shipwreck and any assessment of the facts is severely compromised by the absence of video or other recording of the shipwreck and the following events, which raises again a pattern of inadequate handling and subsequent investigation of such incidents from the Greek authorities.
Furthermore, she concludes that “it is regrettable that, at EU level, there is no single accountability mechanism that could independently investigate all related issues, including the role of the Greek authorities, the role of Frontex, and the role of any other relevant institution, such as the European Commission, which has responsibility for ensuring compliance with fundamental rights provisions under the EU Treaties.”
As for Frontex’s role, the Ombudsman’s inquiry also showed that Frontex has no internal guidelines on issuing emergency signals (e.g. Mayday calls), and that there is a failure to ensure Frontex’s fundamental rights monitors are sufficiently involved in decision making on maritime emergencies, asking Frontex to address these and other shortcomings.
The European Ombudsman cites two overall conclusions requiring immediate and urgent attention. First, given that “Frontex is dependent on the actions of Member States to uphold its fundamental rights obligations and its duty to save lives […] Frontex should consider whether the threshold has been reached to allow it to terminate, withdraw or suspend its activities with the Member State in question. It should publicly clarify its reasons for concluding that the threshold has or has not been reached.”
Second, the Ombudsman calls upon the European Parliament, the Council of the EU and the European Commission to establish an independent commission of inquiry and take action, including recommendations on how to protect fundamental rights and the right to life in the response to maritime emergencies.
“We must ask ourselves why a boat so obviously in need of help never received that help despite an EU agency, two member states’ authorities, civil society, and private ships knowing of its existence. Why did reports of overcrowding, an apparent lack of life vests, children on board, and possible fatalities fail to trigger timely rescue efforts that could have saved hundreds of lives,” said Emily O’Reilly, the European Ombudsman.
