On 3 February 2025 the Greek Ombudsperson announced, with a press release, the completion of the investigation and the relevant conclusion re. the shipwreck of Pylos.88 The Independent Authority had decided to initiate its own investigation, within 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, following the express refusal of a disciplinary investigation by the Hellenic Coast Guard. The Ombudsperson pointed out the series of serious and reprehensible omissions in the search and rescue duties on the part of senior officers of the Hellenic Coast Guard, which constitute clear indications of the existence of, inter alia, offences of deadly exposure to danger, as well as exposure to endangering the life, health and physical integrity of those on board the Adriana fishing vessel. The Ombudsperson’s Report also identifies serious gaps and omissions in the case file concerning critical evidence.89 The Report was forwarded to the Minister of Shipping and Insular Policy for the exercise of disciplinary jurisdiction on his behalf, and to the competent Prosecuting Authority of the Piraeus Naval Court, for the evaluation of the objective and subjective substance of the relevant criminal offences. The Ombudsperson Mr. Andreas Pottakis stated that: For the Independent Authority, the transparency of administrative action and the attribution of responsibilities, where they exist, for the deadly shipwreck of Pylos is an elementary legal demand, inextricably linked to respect for the rule of law, as is the thorough investigation by the administration of any other incident associated with a violation of the right to life, health and physical integrity. The Ombudsman recalled the principles of the case law of the European Court of Human Rights (ECtHR), which, in the case of the Farmakonisi shipwreck, noted that the authorities "did not take, within the limits of their powers, the measures that could reasonably be considered capable of preventing the danger". The primary issue in a search and rescue operation, according to the ECtHR, is whether the authorities' efforts were "sufficiently and appropriately focused on the lives" of the persons involved.90 On 4 February 2025, following the Ombudsperson’s Press Release, the Ministry of Shipping and Insular Policy published an Announcement 91 regarding the Press Release of the Ombudsperson, stating, inter alia: ‘The Report objectively attempts to shift the discussion from the criminal networks of smugglers to the members of the Coast Guard, who are fighting day and night to protect the country […].’ On 19 February 2025, following the Ministry’s announcement, the Greek National Commission for Human Rights (GNCHR), the independent advisory body to the Greek State, published a statement on the need to respect the constitutionally enshrined supervisory role of the independent authorities stating inter alia: […] the Greek National Commission for Human Rights expresses its deep concern regarding the Announcement of the Ministry of Shipping and Insular Policy of 4.2.2025, which treats the investigation of the Independent Authority of the Ombudsman regarding the Pylos shipwreck as politically motivated, ignoring its institutional role as the National Mechanism for the Investigation of Arbitrary Acts. In an extremely disturbing way, the Announcement also raises issues of questioning the legitimacy of the investigation due to the expiry of the term of office of the Ombudsman, in direct contradiction to what is stated in Article 101A of the Constitution ("the term of office of the members of independent authorities shall be extended until the appointment of new members"). This attack on an Independent Authority, and indeed on grounds relating to the exercise of its powers as provided for by the Constitution and the law, is a direct challenge to the institutional role which the Constitution itself guarantees for the Independent Authorities […]. 92 88 89 90 91 92 The Greek Ombudsperson, Press Release, ‘Report of the Ombudsman on the Pylos shipwreck’, 3 February 2025, available in Greek here. Greek Council for Refugees et al, Joint Press Release, ‘Scathing report by the Greek Ombudsman on the Pylos shipwreck’, 6 February 2025, available here. The Greek Ombudsperson, Press Release, ‘Report of the Ombudsman on the Pylos shipwreck’, 3 February 2025, available in Greek here. Ministry of Shipping and Insular Policy, ‘Announcement of the Ministry of Shipping and Insular Policy regarding the Press Release of the Ombudsman’, 4 February 2025, available in Greek here. Greek National Commission for Human Rights (GNCHR), Statement on the need to respect the constitutionally enshrined supervisory role of the Independent Authorities, 19 February 2025, available in Greek here. 40