Watchdog urges EU rescue rules change after migrant boat disaster off Greece

The rules governing the EU’s border and coastguard agency Frontex must be urgently revised if Europe is to avoid a repeat of last year’s tragedy off the coast of Greece in which about 600 people are thought to have died, an official investigation has found.

In one of the worst disasters in the Mediterranean sea in recent years, the Adriana, a dangerously overcrowded fishing trawler en route to Italy from Libya, capsized and sank in the middle of the night near Pylos on 14 June. Only 104 survivors were rescued and 82 bodies recovered after the ship, estimated to have been carrying more than 750 people, sank off the Peloponnese.

After the disaster, both Frontex and the Hellenic Coast Guard faced criticism for their failure to assist the individuals onboard. The ship had been in distress for hours, with frightened passengers making desperate pleas for help as it gradually sank, but Frontex did not issue a mayday call.

Survivors said afterwards that they believed the Greek coastguard had caused the Adriana to capsize by towing it out to sea with a rope, a claim disputed by Greek authorities.

On Wednesday Emily O’Reilly, the EU ombudsman, filed a report criticising the Greek response and highlighting Frontex’s limitations in upholding EU rights obligations during sea rescue missions under the current regulatory framework.

“Frontex has a duty to help save lives at sea, but the tools for it are lacking… this is clearly a matter for EU legislators,” O’Reilly said. “If Frontex is lacking the resources needed for this crucial task, then it is imperative for EU lawmakers to address this issue.’’

She asked: “Why did reports of overcrowding, an apparent lack of life vests, children onboard and possible fatalities fail to trigger timely rescue efforts that could have saved hundreds of lives?”

Writing in the Guardian on Wednesday, O’Reilly said Frontex was a coastguard in name only that fell short of its responsibilities.

“Frontex, the EU’s largest and most heavily resourced agency, is called a border and ‘coastguard’ agency, yet its mandate severely restricts its ‘search and rescue’ role to search and surveillance alone. The power to act, to save lives in the specific context of a rescue at sea, lies primarily with the EU member states.”

She added: “The agency has reportedly witnessed, or has been aware of, fundamental rights abuses in the context of attempts by migrants to reach Europe, but says it is restricted in how it can take this knowledge into account in its operations”.

O’Reilly was also highly critical of the Greek response. Documents inspected during her inquiry showed that Frontex had made four separate offers to assist Greek authorities with aerial surveillance of the Adriana but had received no response. Current rules prevented Frontex from going to the boat without Greek permission.

“Our inquiry found that for most of the period between the sighting of the Adriana and its capsizing, Frontex had to stand ineffectually by, due to the absence of authorisation by the Greek authorities to do more. The agency is legally obliged to follow the orders and directions of the coordinating national authority,” she said.

“According to documents inspected by my office, repeated calls offering assistance from the Warsaw-based agency to the Greek rescue and coordination centre went unanswered. A Frontex drone, on offer to assist with the Adriana, was diverted by the Greek authorities to another incident.”

Frontex, she added, had not issued a mayday relay on the grounds that the Adriana was not in “immediate danger” when initially sighted. It had acted in accordance with the legal rules and procedures, she said, “but an examination of those rules shows that they cannot give full effect to the EU’s commitment to saving migrant lives, despite the EU repeatedly stating that saving lives is an EU priority.”

The tragedy unfolded amid intensified border security measures by countries such as Greece and Italy in response to migration via the Mediterranean.

The EU has since announced new regulations aimed at distributing hosting responsibilities among the member states and expediting the deportation of irregular migrants.

Critics, including prominent rights organisations such as Amnesty International and Human Rights Watch, have condemned the revisions as a step towards strengthening “Fortress Europe”.

In response to the ombudsman’s report, the European Commission acknowledged its contents and pledged to conduct a thorough assessment.

Frontex welcomed the ombudsman’s acknowledgment that the agency had followed all laws and procedures when alerting Greek and Italian authorities.
It said an assessment by Frontex’s fundamental rights officer “confirms our adherence to international laws and the adequacy of our support to national authorities, alongside the proper conduct of search and rescue operations”.

Greece is conducting its own investigation into the Adriana tragedy, though O’Reilly pointed out the absence of an independent body to scrutinise the roles played by Frontex, the Greek coastguard and the European Commission in ensuring compliance with European rights standards.