The absence of any investigation into the responsibilities of the competent search and rescue bodies and the leadership of the Greek Coast Guard is deafening
The lawyers representing the survivors and victims of the shipwreck of the fishing vessel “Adriana”, which took place west of Pylos on 14/06/2023, were informed a few days ago of the completion of the preliminary examination conducted by the competent Deputy Prosecutor of the Piraeus Maritime Court and the transmission of the case file to the Head Prosecutor of the Court. At the same time, we were invited to collect a copy of the case file.
From the initial review of the voluminous file, the following points have emerged:
- The captain and the crew members of the PPLS 920 (Hellenic Coastguard boat) and the members of the Special Missions Squad (KEA) of the Coast Guard on board were summoned by the competent Public Prosecutor to provide written explanations for the offences of a) causing a shipwreck that resulted in the death of a large number of people (Article 277 (1) of the Penal Code ), (b) dangerous interference with vessel traffic resulting in the death of others (Article 291(1)(dd) of the Penal Code), (c) exposure resulting in death (Article 306(2) of the Penal Code), (d) failure to render assistance (Article 307 of the Penal Code), and (e) aggravated involuntary manslaughter (Article 302 of the Penal Code) and aggravated involuntary assault (Article 314(1) and (2) of the Penal Code).
However, the competent Public Prosecutor’s Office did not summon for written explanations those legally responsible for the failures and omissions of the Search & Rescue Operation, namely, the competent bodies of the National Search and Rescue Coordination Centre, the Operations Centre and their hierarchical superiors, i.e. the leadership of the Coast Guard. This is despite clear evidence in the case file indicating that, beyond the responsibilities of the captain and the crew members of the PPLS 920, there are responsibilities for all of the above, including the Chief and the Deputy Chief of the Coast Guard, as, while they had a particular legal obligation and were aware of the danger situation of the vessel ‘Adriana’, they did not act, as they should have done, in order to rescue the people on the vessel. From the first moment the vessel ‘Adriana’ was sighted until its capsizing and sinking, the officers of the National Search and Rescue Coordination Centre and the Operations Centre, along with their hierarchical superiors, were exclusively responsible for supervising, managing, and coordinating actions. They were fully aware of the vessel’s distress and the urgent need to rescue those on board.
Today, the lawyers representing the survivors and victims of the Pylos shipwreck, filed a request before the competent Public Prosecutor of the Piraeus Maritime Court requesting, among other things, the exercise of criminal prosecution and a thorough investigation and attribution of responsibility for the commission of these also to the competent executives of the National Search and Rescue Coordination Centre, and the Operations Centre and to the persons in charge of higher hierarchical or supervisory directorates and bodies, who are responsible for acts and omissions that led to the shipwreck and the death of 600 people.
Meanwhile, we were informed that the Head of the Prosecutor’s Office has referred the case file back to the Prosecutor who conducted the preliminary investigation for further action.
We have also requested that additional investigative action be carried out in order to provide evidence for the many unanswered questions, as the case file contains serious gaps and omissions, particularly concerning:
- the record of the communications of the National Search and Rescue Coordination Centre throughout the period in question as, although it is clear from the testimonies of the National Search and Rescue Coordination Centre staff and the captain of the PPLS 920 that there were communications both internally and with the Adriana, they have not been included in the case file,
- the incomplete examination of the mobile phone devices of the crew members of PPLS 920, since this examination took place without any evaluation or forensic analysis of the extracted data,
- the urgent need to lift the secrecy of telephone communications for both business and private phones of the relevant officers of the National Search and Rescue Coordination Centre, the Operations Centre, and of the higher hierarchical or supervisory directorates and bodies, including the Chief and Deputy Chief of the Coast Guard.
Judicial investigation and accountability for the Pylos shipwreck are matters of Rule of Law. It is deeply concerning that, 18 months after, there are still many unanswered questions, even as regards the assessment of the actions of the competent port authorities. There must be transparency and access to all possible evidence in order for it to be investigated by the judicial authorities, since, to date, no reasonable explanation has been provided for the criminal acts and omissions of the Greek port authorities during the search and rescue operation of the Adriana vessel. Accountability for the Pylos shipwreck and justice for the victims are essential for our democracy, as is the need to investigate all deaths, including the recent tragic deaths off Rhodes, which add to the hundreds of people lost at our country’s maritime borders.
The organisations
Network of Social Support for Refugees and Migrants
Hellenic League for Human Rights (HLHR)
Greek Council for Refugees (GCR)
Initiative of Lawyers and Jurists for the shipwreck of Pylos
Legal Centre Lesvos
Refugee Support Aegean (RSA)