completed its preliminary examination and criminal investigation into the Pylos shipwreck and had
transmitted the case file to the Head Prosecutor of the Court. 79
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. 80 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”.81
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.82 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.83
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.84
79
80
81
82
83
84
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.
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.
38
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