proceeded to an effort to tow the vessel that 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.43 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 Europe44 and the LIBE Committee of the European Parliament,45 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,46 a declared commitment of the Greek authorities to conduct a thorough investigation and the launch of a preliminary examination by the Naval Court of Piraeus. On the 9 November 2023, the Greek Ombudsman announced with a press release47 that he is opening an independent investigation into the Pylos shipwreck, a step that was welcomed by the Council of Europe Commissioner for Human Rights.48 On 26 February 2024, the European Ombudsman released her conclusions on EU search and rescue as related to the Pylos shipwreck. In her report, the European Ombudsman inter alia underlines that there are growing concerns about persistent violations of fundamental rights in Greece’s border control operations, and that the investigation of the shipwreck and any assessment of the facts is severely compromised by the absence of video or other recording of the shipwreck and the following events, which raises again a pattern of inadequate handling and subsequent investigation of such incidents from the Greek authorities.49 Concluding, the Ombudsman notes that “[t]he European Union projects its identity through the prism of its commitment to the rule of law and to fundamental rights. In the aftermath of the 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”.50 43 44 45 46 47 48 49 50 FRONTEX, Final Serious Incident (Si) Report, Sir 12595/2023, 1 December 2023, available at: https://bit.ly/4aCLhTk, 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 at: https://bit.ly/4aF6vjw. 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. “An independent investigation is initiated by the Greek Ombudsman on the Pylos shipwreck incident. The Ombudsman Mr. Andreas Pottakis addressed two letters to the Commandant of the Hellenic Coastguard requesting a thorough internal investigation on any acts or omissions by Coastguard officers in connection to the tragic incident of 14.06.2023. Following the expressed denial of the Coastguard to initiate a disciplinary investigation, the Independent Authority decided to initiate its own investigation, in 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. The Ombudsman considers that absolute transparency on administrative actions taken by competent officials concerning this tragic incident where many lives were lost is an elementary Rule of Law command”, available at: https://bit.ly/4aIVlKI. 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, 09 November 2023, available at: https://bit.ly/4cGVDmZ. For more, see RSA, The European Ombudsman on the Pylos shipwreck, 1 March 2024, available at: https://tinyurl.com/3jrxnpwu. European Ombudsman, 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. 35