case, as the shipwreck occurred in international waters.11 The preliminary investigation by the Prosecutor Office of Piraeus Naval Court - that has jurisdiction
over the Hellenic Coast Guard regardless of an operation’s location - is still
pending at the time of writing. Moreover, the Greek Ombudsman launched
an independent inquiry into the acts
and omissions of members of the HCC,
in its capacity as National Mechanism
for Investigation of Arbitrariness Incidents by members of the security forces, after the HCC refused to conduct an
internal disciplinary investigation into
its operations relating to the shipwreck.
2.2. Human Rights Violations
Continued to Be Reported
Throughout 2023 and 2024
“Pushbacks” is the illegal state
practice of informally and forcefully removing a person or a group of
persons out of the country’s territory without assessing their claims
for entry or protection.12 Pushback
operations take place both at land
and sea borders and can be conducted not only during the crossing
of the border, but even after the arrival of the individual or the group
to the territory.13
Furthermore, on 13 June 2024, a complaint was submitted to the FRONTEX
Fundamental Rights Officer by 27 survivors, requesting the investigation of
any action, omission or failure to act
of the respective Frontex personnel in
relation to the violations committed
against the Pylos shipwreck victims.
The survivors, represented by GCR and
other organizations, stated that FRONTEX did not take the necessary actions
and measures (such as issuing a Mayday
alert and duly performing a surveillance
operation) to protect persons in distress at sea while possessing the necessary means and, eventually, its omissions resulted to the death of hundreds
of people who could have been rescued
if the competent officials and staff had
acted in accordance with their obligations under EU Law.
HRW, Accountability Needed For Pylos Shipwreck, 22 May 2024, available at: https://www.hrw.
org/news/2024/05/22/accountability-needed-pylos-shipwreck
11
See relatively the definition of “pushbacks” provided by ECCHR, European Center for Constitutional and Human Rights, available at: https://www.ecchr.eu/en/glossary/push-back/ ; See also the “2.1. Definition
of Pushbacks” in: GCR, At Europe’s Borders: Between Impunity and Criminalization, March 2023, pp. 5-6.
12
13
10
Ibid.
AT EUROPE’S BORDERS: PUSHBACKS CONTINUE AS IMPUNITY PERSISTS