Adriana tragedy, it should take the opportunity to reinforce that identity through reflection and through actions that would, to the greatest extent possible, prevent such a tragedy from happening again”.81 On 28 February 2024 the European Ombudsperson also stated inter alia: “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”.82 Meanwhile, in May 2024, the Court of Kalamata dismissed the charges of migrant smuggling, causing a shipwreck, participating in a criminal organisation and of illegal entry held against the nine Egyptians survivors of the Pylos shipwreck.83 The Court decided that Greek jurisdiction could not be established because the overcrowded trawler sank outside the country’s territorial waters. Thus, the Court dismissed the charges for the crimes of causing a shipwreck and membership of a criminal organisation and ruled that in the case of smuggling and illegal entry the legal elements were not fulfilled.84 In December 2024, the lawyers representing the survivors and victims of the shipwrecked fishing vessel “Adriana”, were informed that the competent Deputy Prosecutor of the Naval Court of Piraeus had completed its preliminary examination and criminal investigation into the Pylos shipwreck and had transmitted the case file to the Head Prosecutor of the Court. 85 Upon initial review of the voluminous file, the lawyers observed significant gaps and omissions in the preliminary investigation, such as the lack of summons for written explanations of 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. 86 The lawyers further requested the Court, inter alia, the record of the communications of the National Search and Rescue Coordination Centre throughout the period in question, as they have not been included in the case file. The lawyers further underlined the incomplete examination of the mobile phone devices of the crew members of the Hellenic Coast Guard (HCG) patrol vessel involved in the incident (ΠΠΛΣ 920), since this examination took place without any evaluation or forensic analysis of the extracted data. The lawyers also emphasised 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 and of the Operations Centre. Therefore, on 23 December 2024, the lawyers filed a request to the competent Public Prosecutor of the Piraeus Naval Court requesting, inter alia, criminal prosecution for the shipwreck not only against the crew of the HCG patrol vessel but also against the competent executives of the National Search and Rescue Coordination Centre and the Operations Centre, and against 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. As a GCR lawyer of the Pylos case underlined: “It is demanded and expected a thorough investigation into the case of the Pylos shipwreck, the greatest tragedy in the Mediterranean, in which hundreds of people lost their lives, and that responsibility be assigned to all those involved”.87 81 82 83 84 85 86 87 Conclusions of the European Ombudsman on EU search and rescue following her inquiry into how the European Border and Coast Guard Agency (Frontex) complies with its fundamental rights obligations in the context of its maritime surveillance activities, in particular the Adriana shipwreck, 26 February 2024, available at: https://tinyurl.com/38mukedp. For more information, see inter alia, RSA, The European Ombudsman on the Pylos shipwreck, 1 March 2024, available at: https://tinyurl.com/3jrxnpwu The Guardian, ‘Watchdog urges EU rescue rules change after migrant boat disaster off Greece’, 28 February 2024, available here. Aljazeera, Greece court dismisses charges against nine Egyptians over Pylos shipwreck, 21 May 2024, available here. Legal Center Lesvos, Press Release, 21 May 2024, available here. RSA et al, Joint Press Release, Closure of the preliminary investigation by the prosecution of the Piraeus Maritime Court on the Pylos shipwreck - 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, 23 December 2024, available here. Ibid. Press article published on the Ethnos newspaper website on 18 January 2025, available here. 39