The Pylos shipwreck Most of the dead or missing persons of 2023 disappeared or died on the night of 13th to 14th of June 2023. That night, the overcrowded fishing vessel “Adriana”, carrying approximately 750 persons, capsized 47 nautical miles southwest of Pylos, Greece, in the Greek Search and Rescue (SAR) zone. The vessel left Libya and was en route to Italy. On that one night, approximately 650 persons went missing or died in one of the deadliest shipwrecks to ever occur in Greece and in the Mediterranean. Of those on board the “Adriana”, 104 survived, 9 of whom are currently in pre-trial detention with criminal charges of smuggling, 63 and 82 bodies were recovered.64 On 13 September 2023, forty65 survivors of the deadly shipwreck in Pylos filed a criminal complaint against all responsible parties before the Naval Court of Piraeus.66 The survivors submit that the Greek authorities failed to immediately intervene and to organise a timely and adequate rescue operation despite their duty to rescue the passengers, in accordance with international law of the sea, human rights Law, EU and domestic law.67 In particular, the plaintiffs argue that the authorities had been informed from the outset, and later ascertained themselves firsthand from close distance, of the imminent threat to life facing passengers on board the manifestly unseaworthy and overcrowded trawler. The complainants allege that the Greek authorities not only refrained from taking the necessary rescue measures as soon as the vessel was sighted, but instead proceeded to attempt to tow the vessel, which resulted in its capsizing and sinking. The Greek authorities’ delay in initiating a SAR operation, “until the moment of the shipwreck when it was no longer possible to rescue all the people on board” as well as failure to deploy sufficient resources or make use of those available to them, was also noted in a leaked serious incident report drafted by the FRONTEX Fundamental Rights Officer. 68 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,69 and the LIBE Committee of the European Parliament, 70 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 71 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.72 The Ombudsperson decided to conduct the investigation, within its special 63 64 65 66 67 68 69 70 71 72 AlJazeera, Egyptians accused in Pylos shipwreck case deny smuggling, blame Greece, Months after the tragic disaster that killed hundreds at sea, nine accused men languishing in prison insist they are innocent, 12 February 2024, available here. FRONTEX, Final Serious Incident (Si) Report, Sir 12595/2023, 1 December 2023, available here. To date, 62 survivors in total have filed 6 criminal complaints and 2 relatives have filed 1 criminal complaint. GCR et al., Joint Press Release, 40 survivors of the Pylos shipwreck file a criminal complaint before the Naval Court of Piraeus, 14 September 2023, available here. Ibid., “The survivors, represented by the Network for Refugee and Migrant Rights, the Hellenic League for Human Rights (HLHR), the Greek Council for Refugees (GCR), the Initiative of Lawyers and Jurists for the shipwreck of Pylos, and Refugee Support Aegean (RSA), denounce a series of violations of the Greek authorities' obligations to protect the lives of those on board and demand an effective investigation into the circumstances of the deadliest shipwreck to occur in the Mediterranean in recent years”. 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. 36