European Ombudsman calls for changes to EU rescue rules after 'Adriana' sinking

The death in June 2023 of more than 600 people in the shipwreck off the Greek coast of the ship

Adriana

, an old fishing boat overloaded with migrants trying to reach Europe, has highlighted that Frontex, the European Border Guard Agency and Costas, is “too dependent” on the States.

Something that makes it, on occasions such as the tragedy in Greece, “incapable of fulfilling its obligations regarding fundamental rights”, warns in a report the European Ombudsman, Emily O'Reilly, who calls for a change in the rules. European rescue agencies and calls for an independent commission to investigate why so many migrants die in the Mediterranean.

At least 29,000 people have died or disappeared in this sea in the last decade, according to the International Organization for Migration (IOM).

“It is not unlikely that a tragedy like that of the

Adriana will be repeated,

unless significant changes are made to the legal and operational framework to respond to maritime emergencies,” warns the defender in the conclusions of the investigation that opened in July of last year. about the shipwreck in the Ionian Sea, south of Greece, one of the most serious in the Mediterranean so far this century.

“Frontex includes 'coast guard' in its name, but its current mandate and mission clearly do not live up to it,” criticizes O'Reilly.

As revealed by a joint investigation by EL PAÍS with Lighthouse Reports, Reporters United, Monitor,

SIRAJ

and

Der Spiegel

, the resistance of the Greek authorities to activate a rescue operation is probably one of the factors responsible for the magnitude of the tragedy: the Guard Greek Coastal only activated the fishing boat's rescue more than 14 hours after the maritime coordination centers of Greece and Italy located it sailing in precarious conditions, and when it was already sinking.

As corroborated by the documentation of the shipwreck compiled by the European Ombudsman, Frontex made up to four offers of assistance to the Greek rescue authorities at that time, but “did not receive any response.”

He did respond to the offer to deploy a drone, but it was directed toward another ship, off the island of Crete, on which “80 people were in immediate danger.”

When he returned to the area, the

Adriana

had already sunk.

“If Frontex has an obligation to help save lives at sea, but lacks the tools to do so, then it is clearly an issue for European policymakers,” insists O'Reilly.

For the defender, there is an “obvious tension” between Frontex's fundamental rights obligations and its duty to support Member States in border control.

Therefore, in his opinion, in cases where the agency reaches the conclusion that national authorities are “persistently failing” to comply with their rescue obligations, “it should consider whether it reaches the point that allows it to conclude, withdraw or suspend its activities with the Member State in question.

In its final report, published this Wednesday, the head of the independent office that ensures that European institutions are accountable also looks critically at the EU: she reproaches it for the lack of an independent accountability mechanism at the European level that can investigate the role of the Greek authorities, who have denied any responsibility, as well as that of Frontex and that of the European Commission itself, which must ensure compliance with the principles of fundamental rights under the European treaties.

“No changes have been made”

“Almost eight months after the

Adriana

incident , no changes have been made to prevent such a case from occurring again,” criticizes O'Reilly, who calls on the Council, Parliament and the European Commission to create a “commission of inquiry.” independent body that “assesses the reasons for such high numbers of deaths in the Mediterranean, learns lessons from incidents such as the

Adriana

sinking , and makes recommendations on how to protect fundamental rights and the right to life in emergency response.” maritime”.

“We must ask ourselves why a ship so obviously in need of help never received it, despite the fact that an EU agency, the authorities of two Member States, civil society and private ships knew of its existence,” O'Reilly emphasizes.

The defender says she does not understand until today “how reports about [the ship's] overcrowding, the apparent lack of life jackets, children on board and possible deaths failed to activate rescue efforts in time, which could have saved hundreds of people. lives".

A spokesperson for the European Commission assured this Wednesday that Brussels “takes note” of the Ombudsman's conclusions and that it will analyze and respond to the report, although she recalled that the legal framework for maritime search and rescue operations is “a matter of competence.” of the Member States”.

At the same time, she has assured that Brussels hopes to know the results of the investigation by the Greek authorities as soon as possible.

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