European Ombudsman Emily O’Reilly has opened an own-initiative inquiry aimed at clarifying Frontex’s role in search and rescue operations in the Mediterranean sea following the drowning of hundreds of people off the coast of Greece on 14 June. 

Ms O’Reilly has asked to inspect a wide range of documents concerning Frontex’s responsibilities to rescue those in distress at seas, including the formal report (Serious Incident Report) about how events unfolded with the Adriana boat as well as reports of the other recent incidents involving considerable loss of life in the Mediterranean.

She has also asked for details about how information about search and rescue operations is shared between Frontex and national authorities and whether Frontex has a say on how these operations are designed or implemented.

Other questions concern whether there are specific rules for the use of cameras mounted on boats during joint operations and whether Frontex reports on fundamental rights violations with regard to the interactions of Member State authorities with NGO vessels that rescue people at sea.

The Ombudsman is coordinating her inquiry with Greek Ombudsman Andreas Pottakis who has the power to look into how the Greek authorities dealt with the Adriana boat.

“While the Greek authorities' role is being investigated at the national level, Frontex’s role in search and rescue operation also needs to be clarified. It has been reported that in this instance Frontex alerted the Greek authorities to the ship’s presence and offered assistance but it is not clear what else it could or should have done,” said Ms O’Reilly.

“A tragedy of this magnitude requires all those involved to reflect on their responsibilities and to be clear to the public who is accountable for these deaths. My Office will focus on the role of Frontex as we try to piece together the events that led to the capsizing of the boat and the deaths of at least 500 people.”

“Migration to Europe will continue and it is up to the EU to ensure that it acts in a way that maintains fundamental rights and does not lose sight of the human suffering that compels people to seek a better life beyond their home countries,” said the Ombudsman.

Further planned inquiries

In autumn, the Ombudsman will further look into the role of EU institutions in upholding fundamental rights in border management activities.

Ms O’Reilly is planning an own-initiative inquiry into how the Commission monitors respect for fundamental rights in the context of border management operations supported by EU funds. It follows an inquiry, closed in 2022, concerning EU funds for border management in Croatia in which Ms O’Reilly asked the Commission to require the national authorities to provide information on steps taken to investigate reports of mistreatment of migrants and asylum seekers. The European Ombudsman will request input from the Greek Ombudsman for the new inquiry.

The Ombudsman also plans to ask for more information regarding the recent EU deal with Tunisia on border management, including how the human rights impact of certain activities covered by the agreement will be assessed.