drafted by the FRONTEX Fundamental Rights Officer. 74 The complainants demand an immediate, thorough and reliable investigation and the attribution of criminal responsibility for the acts and omissions of the Greek authorities. A number of international organisations and institutions, including the Commissioner for Human Rights of the Council of Europe,75 and the LIBE Committee of the European Parliament, 76 have urged Greece to carry out a full and effective investigation into the circumstances of the shipwreck. The deadliest shipwreck of the Mediterranean has sparked global interest 77 and the launch of a preliminary examination by the Naval Court of Piraeus. On the 9 November 2023, the Greek Ombudsperson announced that he was opening an independent investigation into the Pylos shipwreck, a step that was welcomed by the Council of Europe Commissioner for Human Rights.78 The Ombudsperson decided to conduct the investigation, within its special competence as the National Mechanism for the Investigation of Arbitrary Incidents, following the express refusal of the Hellenic Coast Guard to pursue a disciplinary investigation.79 On 1 December 2023, the Fundamental Rights Office (FRO) of Frontex published its aforementioned serious incident report about the Pylos shipwreck, which concluded that “there was reasonable certainty that persons aboard Adriana were threatened by grave and imminent danger and required immediate assistance. …The Greek authorities appeared to have delayed the declaration of SAR operation until the moment of the shipwreck when it was no longer possible to rescue all the people on board, deployed insufficient and inappropriate resources considering the number of persons aboard Adriana, and failed to make use of the resources offered by Frontex. Fundamental Rights Office regrets that it was not given relevant information by the Greek authorities in response to its enquiry but expects to receive the results of two ongoing national judicial proceedings, as well as the Greek Ombudsman enquiry”. 80 On 26 February 2024, the European Ombudsperson released her conclusions on EU search and rescue and, in particular, regarding whether FRONTEX complies with its fundamental rights obligation, notably in the context of the Pylos shipwreck. In her report, the European Ombudsperson inter alia underlines that there are growing concerns about persistent violations of fundamental rights in Greece’s border control operations, and 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. Concluding, the Ombudsperson notes that “[t]he European Union projects its identity through the prism of its commitment to the rule of law and to fundamental rights. In the aftermath of the 74 75 76 77 78 79 80 FRONTEX, Final Serious Incident (Si) Report, Sir 12595/2023, 1 December 2023, available here, p.16. The document is inter alia refered to in EfSyn, Hot document by FRONTEX burns the Greek authorities on the Pylos shipwreck, 1 February 2024, available in Greek here. Commissioner for Human Rights of the Council of Europe, Pylos shipwreck: the Greek authorities must ensure that effective investigations are conducted, 28 July 2023, available at: https://bit.ly/43QaAPQ. LIBE Committee of the European Parliament, Exchange of views on the migrant boat shipwreck off the coast of Greece: extracts, 6 July 2023, available at: https://bit.ly/3xozQQZ. Indicatively: Reuters, Greece scours shipwreck site; hundreds feared drowned in boat's hold, 16 June 2023 available at: https://bit.ly/3VPiNSa, AP, Independent inquiry launched into shipwreck off Greece that left hundreds of migrants feared dead, 9 November 2023, available at: https://bit.ly/4cMkKFe. Commissioner for Human Rights of the Council of Europe, Greece: the Ombudsman institution opening an independent investigation into the Pylos shipwreck is a welcome step, 9 November 2023, available at: https://bit.ly/4cGVDmZ. The Greek Ombudsperson, Press Release, The Greek Ombudsman investigates the Pylos shipwreck case: “[a]n independent investigation is initiated by the Greek Ombudsman on the Pylos shipwreck incident. The Ombudsman Mr. Andreas Pottakis addressed two letters to the Commandant of the Hellenic Coastguard requesting a thorough internal investigation on any acts or omissions by Coastguard officers in connection to the tragic incident of 14.06.2023. Following the expressed denial of the Coastguard to initiate a disciplinary investigation, the Independent Authority decided to initiate its own investigation, in its special mandate as National Mechanism for the Investigation of Arbitrary Incidents in relation to acts or omissions of Coastguard officers upon the Pylos shipwreck. The Ombudsman considers that absolute transparency on administrative actions taken by competent officials concerning this tragic incident where many lives were lost is an elementary Rule of Law command”, 9 November 2023, available at: https://bit.ly/4aIVlKI. FRO Frontex, Final Serious Incident Report, SIR 12595/2023, 1 December 2023, p. 16, available at: https://bit.ly/3xjxX7Y. 38