{"id":3010,"date":"2024-04-11T10:40:00","date_gmt":"2024-04-11T10:40:00","guid":{"rendered":"https:\/\/captainsupport.net\/freepylos9\/?p=3010"},"modified":"2024-06-17T10:48:45","modified_gmt":"2024-06-17T10:48:45","slug":"frontex-a-public-agency-incapable-of-accountabilityfirst","status":"publish","type":"post","link":"https:\/\/captainsupport.net\/freepylos9\/frontex-a-public-agency-incapable-of-accountabilityfirst\/","title":{"rendered":"Frontex: a public agency incapable of accountability*First"},"content":{"rendered":"\n<p><strong><a href=\"https:\/\/www.socialeurope.eu\/frontex-a-public-agency-incapable-of-accountability\">*First Published on Social Europe<\/a><\/strong><\/p>\n\n\n\n<p><a href=\"https:\/\/www.socialeurope.eu\/author\/joanne-krus\">JOANNE KRUS<\/a>&nbsp;and&nbsp;<a href=\"https:\/\/www.socialeurope.eu\/author\/gemma-bird\">GEMMA BIRD<\/a>&nbsp;11th April 2024<a href=\"https:\/\/www.socialeurope.eu\/frontex-a-public-agency-incapable-of-accountability#respond\"><\/a><\/p>\n\n\n\n<p><strong>As the movement of people across the Mediterranean has become securitised, Frontex has come to the fore\u2014not to good effect.<\/strong><\/p>\n\n\n\n<figure class=\"wp-block-image\"><img decoding=\"async\" src=\"https:\/\/www.socialeurope.eu\/wp-content\/uploads\/2024\/04\/refugees-Lesvos.png\" alt=\"refugees arriving Lesvos\" class=\"wp-image-80051\" \/><figcaption class=\"wp-element-caption\">These asylum-seekers made it to Lesvos but many have been pushed back and the new EU asylum pact approved by the European Parliament yesterday has been condemned by human-rights organisations (Ververidis Vasilis \/ shutterstock.com)<\/figcaption><\/figure>\n\n\n\n<p>The&nbsp;<a href=\"https:\/\/www.socialeurope.eu\/europes-moral-compass-lost-at-sea\">shipwreck<\/a>&nbsp;near Pylos last June, one of the greatest modern tragedies in Greek waters,&nbsp;<a href=\"https:\/\/www.hrw.org\/news\/2023\/12\/13\/greece-6-months-no-justice-pylos-shipwreck\" target=\"_blank\" rel=\"noreferrer noopener\">claimed<\/a>&nbsp;more than 600 lives. In its wake, criticism of the operation in Greece of the European Union\u2019s border-security agency, Frontex, reached an all-time high. A recent&nbsp;<a href=\"https:\/\/www.ombudsman.europa.eu\/en\/press-release\/en\/182676\" target=\"_blank\" rel=\"noreferrer noopener\">inquiry<\/a>&nbsp;by the EU ombudsman,&nbsp;<a href=\"https:\/\/www.socialeurope.eu\/author\/emily-oreilly\">Emily O\u2019Reilly<\/a>, into how Frontex acted in search-and-rescue operations criticised the agency for failing to take a \u2018<a href=\"https:\/\/www.euronews.com\/my-europe\/2024\/02\/28\/eu-risks-becoming-complicit-in-migrant-deaths-due-to-frontex-shortcomings-watchdog-warns\" target=\"_blank\" rel=\"noreferrer noopener\">more active role<\/a>\u2019 and concluded that Frontex was ill-equipped to uphold the EU\u2019s values.<\/p>\n\n\n\n<p>In response, the director of Frontex, Hans Leijtens,&nbsp;<a href=\"https:\/\/www.euronews.com\/my-europe\/2024\/03\/05\/frontex-director-replies-to-ombudsman-were-not-the-european-rescue-agency\" target=\"_blank\" rel=\"noreferrer noopener\">claimed<\/a>&nbsp;it was a search organisation tasked with securing borders, not a rescue organisation. This was supported by the Greek minister for migration, Dimitris Kairidis of the ruling conservative New Democracy party, who said the organisation should be further strengthened but not in the way suggested by O\u2019Reilly\u2014rather, \u2018<a href=\"https:\/\/www.ft.com\/content\/3d5fe4a2-f8be-46da-b48f-c0bfbd460417\" target=\"_blank\" rel=\"noreferrer noopener\">in the direction of guarding borders<\/a>\u2019.<\/p>\n\n\n\n<h4 class=\"wp-block-heading\"><strong>\u2018Insufficient and inappropriate\u2019<\/strong><\/h4>\n\n\n\n<p>After the shipwreck, Frontex\u00a0<a href=\"https:\/\/www.ekathimerini.com\/news\/1213850\/frontex-preparing-serious-incident-report-on-pylos-shipwreck\/\" target=\"_blank\" rel=\"noreferrer noopener\">announced<\/a>\u00a0it would conduct its own investigation, in the form of a \u2018serious incident report\u2019 (SIR), to identify potential\u00a0<a href=\"https:\/\/www.socialeurope.eu\/eus-values-should-dictate-an-ethos-of-hospitality\">human-rights violations<\/a>. The SIR was finalised at the beginning of December and revealed at the end of January by the journalist\u00a0<a href=\"https:\/\/twitter.com\/EleonoraVasques\/status\/1752762391605965185\" target=\"_blank\" rel=\"noreferrer noopener\">Eleonora Vasques<\/a>. The\u00a0<a href=\"https:\/\/drive.google.com\/file\/d\/1MYGzWAhAYPY-oY4_MNxdzXuOKyMVw5Q8\/view\" target=\"_blank\" rel=\"noreferrer noopener\">report<\/a>\u00a0found that the Greek authorities had used \u2018insufficient and inappropriate resources\u2019 to rescue those aboard the Adriana, and had sought to do so only when it was \u2018too late to rescue all the migrants\u2019.<\/p>\n\n\n\n<p>To probe how Frontex reports human-rights violations internally, I Have Rights, through a freedom-of-information request, asked the agency for every SIR from the islands of Samos and Lesvos (where it deploys coastal patrol teams) from September 2020 to September 2023. We received 38 SIRs but were told that two additional SIRs could not be made public as they were \u2018subject to ongoing investigations\u2019.<\/p>\n\n\n\n<p>Frontex\u2019s\u00a0<a href=\"https:\/\/www.frontex.europa.eu\/fundamental-rights\/fundamental-rights-at-frontex\/fundamental-rights-office\/\" target=\"_blank\" rel=\"noreferrer noopener\">Fundamental Rights Office<\/a>\u2014its role to independently and \u2018effectively monitor the agency\u2019s compliance with fundamental rights\u2019\u2014investigates alleged rights violations. If the office concludes that there have been violations of a \u2018serious nature or that are likely to persist\u2019, under\u00a0<a href=\"https:\/\/www.frontex.europa.eu\/assets\/Key_Documents\/Fundamental_Rights_Strategy\/Fundamental_Rights_Strategy.pdf\" target=\"_blank\" rel=\"noreferrer noopener\">article 46<\/a>\u00a0of Frontex\u2019s regulation the agency\u2019s operations in an EU member state can be suspended or even terminated. The effectiveness of the office is however conditioned by the member states, which decide where, when and how Frontex and its rights monitors\u00a0<a href=\"https:\/\/www.opendemocracy.net\/en\/beyond-trafficking-and-slavery\/frontex-greece-coastguard-pylos-adriana-shipwreck-600-dead-mediterranean\/\" target=\"_blank\" rel=\"noreferrer noopener\">operate<\/a>.<\/p>\n\n\n\n<p>According to Frontex\u2019s operating&nbsp;<a href=\"https:\/\/www.frontex.europa.eu\/assets\/Key_Documents\/SIR_SOP.pdf\" target=\"_blank\" rel=\"noreferrer noopener\">procedures<\/a>, an SIR should be compiled when a \u2018serious incident\u2019 has occurred, such as a violation of human rights or international law. The goal is to \u2018increase the situation awareness\u2019 of Frontex and an SIR can be spur follow-up measures.<\/p>\n\n\n\n<p>This \u2018situational awareness\u2019 is how Frontex defends its operations and ever-increasing budget, which for 2021-27 rose to almost&nbsp;<a href=\"https:\/\/www.ekathimerini.com\/news\/232591\/eu-to-boost-frontex-agency-with-more-funds-and-staff\/\" target=\"_blank\" rel=\"noreferrer noopener\">\u20ac11.3 billion<\/a>. In 2022, Frontex spent&nbsp;<a href=\"https:\/\/www.statewatch.org\/news\/2023\/april\/frontex-to-spend-hundreds-of-millions-of-euros-on-surveillance-and-deportations\/\" target=\"_blank\" rel=\"noreferrer noopener\">\u20ac79 million<\/a>&nbsp;on deportations but only \u20ac2.8 million on fundamental-rights operations. EU funding to Greece for policing, borders and asylum and integration meanwhile massively increased to just over&nbsp;<a href=\"https:\/\/www.statewatch.org\/media\/3964\/europe-techno-borders-sw-emr-7-23.pdf\" target=\"_blank\" rel=\"noreferrer noopener\">\u20ac1.5 billion<\/a>&nbsp;for the 2021-27 period.<\/p>\n\n\n\n<h4 class=\"wp-block-heading\"><strong>Pushbacks from Greece<\/strong><\/h4>\n\n\n\n<p>Out of the 38 SIRs released to I Have Rights, 32 (84 per cent) referred to incidents which involved people on the move attempting to reach Greece and 19 (50 per cent) used the term \u2018<a href=\"https:\/\/www.socialeurope.eu\/eu-must-act-to-stop-refugee-pushbacks-in-greece\">pushback<\/a>\u2019. From the 19 pushback-related SIRs:<\/p>\n\n\n\n<ul class=\"wp-block-list\">\n<li>16 (84 per cent) could not make a definitive conclusion as to whether human rights had been violated during the incident, despite ten (52 per cent) emphasising that such allegations were \u2018credible\u2019 or \u2018plausible\u2019;<\/li>\n\n\n\n<li>ten (52 per cent) said Greek authorities did not record the incident, refused to share relevant information or were otherwise uncooperative;<\/li>\n\n\n\n<li>two (10 per cent) were able to \u2018establish beyond doubt\u2019 that Greek authorities, or \u2018individuals acting in concert and coordination with the Greek authorities\u2019, had conducted violent pushbacks and misreported facts which contributed to \u2018hiding this reality\u2019, and<\/li>\n\n\n\n<li>only one concluded that allegations of violence by Frontex officers were proven to be false.<\/li>\n<\/ul>\n\n\n\n<p>While Frontex claims to be the \u2018eyes and ears\u2019 of Europe\u2014with a vast budget to spend on&nbsp;<a href=\"https:\/\/www.hrw.org\/video-photos\/interactive\/2022\/12\/08\/airborne-complicity-frontex-aerial-surveillance-enables-abuse\" target=\"_blank\" rel=\"noreferrer noopener\">surveillance drones<\/a>&nbsp;and&nbsp;<a href=\"https:\/\/www.frontex.europa.eu\/what-we-do\/monitoring-and-risk-analysis\/monitoring-and-risk-analysis\/\" target=\"_blank\" rel=\"noreferrer noopener\">high-tech equipment<\/a>&nbsp;to monitor what happens at Europe\u2019s border\u2014most of these Fundamental Rights Office SIRs were unable to reach conclusions about human-rights violations while consistently recording Greek authorities\u2019 lack of co-operation. This raises questions about the strength of the office\u2014especially since in a 2020 report on Frontex OLAF, the European Anti-Fraud Office,&nbsp;<a href=\"https:\/\/fragdenstaat.de\/dokumente\/233972-olaf-final-report-on-frontex\/\" target=\"_blank\" rel=\"noreferrer noopener\">documented<\/a>&nbsp;evidence which \u2018indicated that the Agency would prefer not to witness such cases of alleged pushbacks\u2019.<\/p>\n\n\n\n<p>Of the two SIRs concluding it to be \u2018beyond doubt\u2019 that the Hellenic Coast Guard had conducted violent pushbacks, one investigated a highly publicised incident caught on video published by the&nbsp;<em><a href=\"https:\/\/www.nytimes.com\/2023\/05\/19\/world\/europe\/greece-migrants-abandoned.html\" target=\"_blank\" rel=\"noreferrer noopener\">New York Times<\/a><\/em>, which showed men, women and children being transferred by masked men from an unmarked van on Lesvos into a Hellenic Coast Guard vessel. This report concluded that \u2018operational reporting by the Greek authorities in this case cannot be relied on\u2019, due to providing \u2018misleading information about its patrolling\u2019, and that \u2018recordings have been subsequently deleted\u2019.<\/p>\n\n\n\n<p>The other SIR concluded that the incident was part of an \u2018established pattern\u2019 of pushbacks by the Hellenic Coast Guard. In it 17 people were pushed back and ill-treated by a group of masked men. Their belongings were stolen and they were \u2018ultimately pushed back to T\u00fcrkiye by the Greek officials and\/or individuals acting in concert and coordination with them\u2019. The SIR concluded that the \u2018mechanism of deportation in the present SIR, as described by the migrants and supported by other evidence, is not unique or new\u2019 and claimed that the Greek authorities had incorrectly reported the incident, as having \u2018merely sighted\u2019 the group.<\/p>\n\n\n\n<p>Several SIRs suggest that Frontex officers followed Hellenic Coast Guard instructions not to report serious incidents. One said that \u2018obligations were not fulfilled by Frontex officers who did not include the incident in their reports following respective instructions by Greek officials\u2019. The latter also did not record the incident and omitted \u2018the location of the detection inside Greek waters and Frontex involvement\u2019.<\/p>\n\n\n\n<h4 class=\"wp-block-heading\"><strong>Mandate not fulfilled<\/strong><\/h4>\n\n\n\n<p><a href=\"https:\/\/www.euronews.com\/2023\/06\/29\/frontex-will-the-eu-border-agency-quit-greece-over-the-latest-migrant-boat-tragedy\" target=\"_blank\" rel=\"noreferrer noopener\">Frontex often argues<\/a>&nbsp;that its presence at borders ensures human rights are upheld. Yet the majority of reports analysed here do not manifest enough evidence to support this and suggest that the Fundamental Rights Office is not fulfilling its mandate.<\/p>\n\n\n\n<p>In his response to the EU ombudsman\u2019s findings, Leijten claimed that Frontex was \u2018heavily reliant\u2019 on SIRs while simultaneously downplaying their significance: \u2018It\u2019s an incident report. It\u2019s not something that has been proven. It\u2019s a signal that arrived to us.\u2019<\/p>\n\n\n\n<p>But the signal they have received is not one that can be ignored. Their own investigations conclude that there is a clear \u2018policy of pushbacks\u2019 by Greek authorities, which should be enough to invoke article 46 and terminate their operations in Greece\u2019s waters. The agency\u2019s refusal to do so reflects the ineffectiveness of the Fundamental Rights Office in protecting human rights. Moreover, OLAF previously&nbsp;<a href=\"https:\/\/fragdenstaat.de\/dokumente\/233972-olaf-final-report-on-frontex\/\" target=\"_blank\" rel=\"noreferrer noopener\">found<\/a>&nbsp;two incidents witnessed by Frontex which had not led to appropriate action, including initiation of an SIR.<\/p>\n\n\n\n<p>In 2021, the European Parliament Committee on Civil Liberties, Justice and Home Affairs, in its \u2018Report on the fact-finding investigation on Frontex concerning alleged fundamental rights violations\u2019,&nbsp;<a href=\"https:\/\/www.europarl.europa.eu\/cmsdata\/238156\/14072021%20Final%20Report%20FSWG_en.pdf\" target=\"_blank\" rel=\"noreferrer noopener\">concluded<\/a>&nbsp;that Frontex \u2018generally disregarded\u2019 reports of violations from human-rights organisations and \u2018failed to adequately respond to internal observations about certain cases of probable fundamental rights violations in Member States which were raised by the FRO, the C[onsultative] F[orum of 13 transnational organisations and NGOs] or through incident report [<em>sic<\/em>]\u2019.<\/p>\n\n\n\n<h4 class=\"wp-block-heading\"><strong>Clear pattern<\/strong><\/h4>\n\n\n\n<p>Three years on, Leijten\u2019s comments suggest this may still be the case. The reports from the EU Ombudsman and OLAF, and Frontex\u2019s own regulations, call for a termination of operations in member states where repeated violations occur. Leijten claims that to do so would need \u2018some considerations and some justification\u2019 and that Frontex has other options, such as asking the accused member state to implement \u2018<a href=\"https:\/\/www.euronews.com\/my-europe\/2024\/02\/28\/eu-risks-becoming-complicit-in-migrant-deaths-due-to-frontex-shortcomings-watchdog-warns\" target=\"_blank\" rel=\"noreferrer noopener\">appropriate measures<\/a>\u2019 to prevent future violations.<\/p>\n\n\n\n<p>Yet the 19 SIRs analysed referring to pushbacks reveal repeated calls for a review of the Hellenic Coast Guard rules of reporting, pointing to a clear pattern of authorities attempting to hide their involvement. In the two SIRs which established violations \u2018beyond doubt\u2019, the most the Fundamental Rights Office did however was to recommend the Greek authorities \u2018adopt a firm policy and enforce firm sanctions against Hellenic officials found involved\u2019.<\/p>\n\n\n\n<p>These reports suggest, by Frontex\u2019s own admission, that Greek authorities regularly carry out pushbacks in its operational zones and that the presence of the agency in Greece is unable to stop this clear violation of human rights. These internal investigations evidence the regular use of pushbacks in the Aegean and thus the requirement for Frontex to trigger article 46.<\/p>\n\n\n\n<p>As the latest report by the EU ombudsman has shown, Frontex\u2019s presence and awareness did not prevent the tragedy of the Pylos shipwreck. The director\u2019s response\u2014that rescuing people is not part of Frontex\u2019s mandate\u2014reveals the agency\u2019s unwillingness to hold itself to account.<\/p>\n","protected":false},"excerpt":{"rendered":"<p>*First Published on Social Europe JOANNE KRUS&nbsp;and&nbsp;GEMMA BIRD&nbsp;11th April 2024 As the movement of people across the Mediterranean has become securitised, Frontex has come to the fore\u2014not to good effect. The&nbsp;shipwreck&nbsp;near Pylos last June, one of the greatest modern tragedies in Greek waters,&nbsp;claimed&nbsp;more than 600 lives. In its wake, criticism of the operation in Greece of the&hellip;<\/p>\n","protected":false},"author":4,"featured_media":3013,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"_monsterinsights_skip_tracking":false,"_monsterinsights_sitenote_active":false,"_monsterinsights_sitenote_note":"","_monsterinsights_sitenote_category":0,"_jetpack_memberships_contains_paid_content":false,"footnotes":""},"categories":[4,5],"tags":[27],"class_list":["post-3010","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-latest-news-el","category-news-articles-el","tag-english"],"jetpack_featured_media_url":"https:\/\/captainsupport.net\/freepylos9\/wp-content\/uploads\/sites\/3\/2024\/04\/Social-Europe.jpg","jetpack_sharing_enabled":true,"_links":{"self":[{"href":"https:\/\/captainsupport.net\/freepylos9\/wp-json\/wp\/v2\/posts\/3010","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/captainsupport.net\/freepylos9\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/captainsupport.net\/freepylos9\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/captainsupport.net\/freepylos9\/wp-json\/wp\/v2\/users\/4"}],"replies":[{"embeddable":true,"href":"https:\/\/captainsupport.net\/freepylos9\/wp-json\/wp\/v2\/comments?post=3010"}],"version-history":[{"count":1,"href":"https:\/\/captainsupport.net\/freepylos9\/wp-json\/wp\/v2\/posts\/3010\/revisions"}],"predecessor-version":[{"id":3012,"href":"https:\/\/captainsupport.net\/freepylos9\/wp-json\/wp\/v2\/posts\/3010\/revisions\/3012"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/captainsupport.net\/freepylos9\/wp-json\/wp\/v2\/media\/3013"}],"wp:attachment":[{"href":"https:\/\/captainsupport.net\/freepylos9\/wp-json\/wp\/v2\/media?parent=3010"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/captainsupport.net\/freepylos9\/wp-json\/wp\/v2\/categories?post=3010"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/captainsupport.net\/freepylos9\/wp-json\/wp\/v2\/tags?post=3010"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}