There are conflicting accounts of the circumstances surrounding the incident that occurred on the night of 13-14 June 2023. The versions differ, for example, in whether the vessel was adrift or moving; and whether it was towed. [9]
Hellenic Coast Guard, Continuation of information regarding a broad operation of search and rescue of foreigners in international waters, 47 n.m. southwest of Pylos (Συνέχεια ενημέρωσης αναφορικά με ευρεία επιχείρηση έρευνας και διάσωσης αλλοδαπών σε διεθνή ύδατα στη θαλάσσια περιοχή 47 ν.μ. νοτιοδυτικά Πύλου), 14 June 2023. See also, AlarmPhone, Europe’s “shield”: Hundreds presumed to have drowned off Greece, 14 June 2023. BBC, Greece boat disaster: BBC investigation casts doubt on coastguard's claims, 18 June 2023. CNN, ‘If they had left us be, we wouldn’t have drowned:’ CNN investigation raises questions about Greek coast guard’s account of shipwreck tragedy, 23 June 2023. Kathimerini, Shipwreck in Pylos: the ropes, the videos and the conflicting testimonies(Ναυάγιο στην Πύλο: Τα σχοινιά, τα βίντεο και οι αντιφατικές μαρτυρίες), 26 June 2023.
Following the deadly incident, several actors called for an independent investigation, including the LIBE Committee of the European Parliament, the Greek National Commission for Human Rights, and civil society organisations. [10]
Greek National Commission for Human Rights, GNCHR statement on the shipwreck in the south-west area of Pylos, 15 June 2023. See also, CNN, UNHCR: Migrant boat disaster could have been avoided, interview with UNHCR Special Envoy for the Western & Central Mediterranean, Vincent Cochetel; Joint NGO Statement, Pylos shipwreck: Yet another tragedy – consequence of deterrence policies, 16 June 2023; In.gr, Shipwreck in Pylos: 20 MEPs ask for an independent investigation and publication of videos (Ναυάγιο στην Πύλο: Ανεξάρτητη έρευνα και δημοσιοποίηση βίντεο ζητούν 20 ευρωβουλευτές), 22 June 2023, and European Parliament Committee on Civil Liberties, Justice and Home Affairs (2023), Establishment of an independent and transparent international investigation into the migrant boat shipwreck off the coast of Greece, Unpublished letter to Ms Ylva Johansson (European Commissioner for Home Affairs) and Miltiadis Varvitsiotis (Minister of Maritime Affairs and Insular Policy), (unpublished).

A prompt, effective and independent investigation of shipwreck incidents creates transparency about the way they were handled. It also helps identify whether the acts or omissions by the authorities incur legal responsibility by not respecting and protecting the right to life, as set out in Article 2 of the Charter of Fundamental Rights of the European Union (Charter) and in Article 2 of the European Convention on Human Rights (ECHR).

According to the case law of the European Court of Human Rights (ECtHR), the right to life entails a positive obligation for states to take appropriate steps to safeguard the lives of those within a state’s jurisdiction. [11]
ECtHR, Centre for Legal Resources on behalf of Valentin Câmpeanu v. Romania [GC], 17 July 2014, para 130.
In 2022, the ECtHR interpreted the right to life in the context of a search and rescue operation of an unseaworthy vessel carrying migrants and refugees which sank in the Aegean Sea. It found that the Greek authorities had not done all that could reasonably be expected of them to provide the applicants and their relatives with the necessary level of protection. [12]
ECtHR, Safi and Others v. Greece, No. 5418/15, 7 July 2022. See also, in relation to a river drowning, ECtHR, Alhowais v. Hungary, No. 59435/17, 2 February 2023.

The ECtHR’s interpretation is also relevant for EU law and is outlined in Article 52 (3) of the Charter. In so far as the Charter contains rights which correspond to rights guaranteed by the ECHR – as is the case with the right to life – the meaning and scope of those rights “shall be the same”.

Under the ECHR, states must carry out an effective official investigation whenever individuals make arguable complaints of rights violation of Article 2 (right to life) of the ECHR. [13]
See European Court of Human Rights Guide on Article 2. See also FRA and the Council of Europe, European standards on legal remedies, complaints mechanisms and effective investigations at borders, 9 July 2021.
For an investigation to be effective, it must:

• not depend on a complaint from the victim or next of kin; [14]
  ECtHR, Al-Skeini and Others v. the United Kingdom [GC], No. 55721/07, 7 July 2011, para. 165.
  
• be impartial and independent; [15]
  ECtHR, Halat v. Turkey, No. 23607/08, 8 November 2011, para. 51; Najafli v. Azerbaijan, No. 2594/07, 2 October 2012, paras. 52-54; Mocanu and Others v. Romania[GC], Nos. 10865/09, 45886/07 and 32431/08, 17 September 2014, para. 320.
  
• be capable of establishing the facts and where appropriate, identifying and punishing those responsible; [16]
  ECtHR, Ramsahai and Others v. the Netherlands[GC], No. 52391/99, 15 May 2007, para. 324; Armani Da Silva v. the United Kingdom [GC], No. 5878/08, 30 March 2016, para. 243.
  
• secure and consider relevant evidence; [17]
  ECtHR Aksoy v. Turkey, No. 21987/93, 18 December 1996, para. 99; Bati and others v. Turkey, Nos. 33097/96 and 57834/00, 3 June 2004, para. 134;El-Masri v. “the former Yugoslav Republic of Macedonia”, No. 39630/09, 13 December 2012, para. 183.
  
• be prompt; [18]
  ECtHR, Bati and Others v. Turkey, Nos. 33097/96 and 57834/00, 3 June 2004, para. 136; Al-Skeini and Others v. the United Kingdom [GC], No. 55721/07, 7 July 2011, para. 167; Tahsin Acar v. Turkey [GC], No. 26307/95, 8 April 2004, para. 224.
  
• enable the victim or victim’s next of kin to be involved in the procedure to the extent necessary to safeguard their legitimate interests; [19] CPT 14th General Report (2003-2004), para. 36.
  
• provide for sufficient public scrutiny to secure accountability in practice as well as in theory. [20]
  ECtHR, Ramsahai and Others v. the Netherlands[GC], No. 52391/99, 15 May 2007, para. 353.
  

Concerning the shipwreck incident off Pylos, from official statements, FRA knows that criminal proceedings have been initiated against those rescued migrants who are suspected of involvement in migrant smuggling. [21]
ΕRΤnews, Kalamata: They are looking for their relatives among the survivors of the shipwreck – Interrogations to identify the smugglers (Καλαμάτα: Αναζητούν τους συγγενείς τους στους επιζώντες του ναυαγίου – Ανακρίσεις για τον εντοπισμό των διακινητών), 15 June 2023. See also, ERTnews, Alleged smugglers to the investigator – They deny their involvement – 81 bodies recovered – Commission intervention (video), Στον ανακριτή οι φερόμενοι διακινητές – Αρνούνται την εμπλοκή τους – 81 οι σοροί που ανασύρθηκαν – Παρέμβαση της Κομισιόν (video), 19 June 2023.
FRA is not aware whether the competent public prosecutor is also investigating the circumstances of the incident itself, including the conduct by the Hellenic Coast Guard during the operation. On 19 June 2023, the Hellenic Coast Guard informed FRA that they will initiate an internal disciplinary investigation but had not yet done so.

In Safi and Others v. Greece, the ECtHR concluded that there had been shortcomings in the investigation of a shipwreck in the Aegean Sea. [22] ECtHR, Safi and Others v. Greece, No. 5418/15, 7 July 2022.
The national authorities had not carried out a thorough and effective investigation capable of shedding light on the circumstances in which the boat had sunk.

The Council of Europe Committee of Ministers is supervising the execution of this judgement. The Greek authorities have recently submitted an action plan which is pending approval. [23]
Council of Europe, Secretariat of the Committee of Ministers, 1468th meeting (June 2023) (DH),Communication from Greece concerning the case of Safi and Others v. Greece (Application No. 5418/15), DH-DD(2023)696, 5 June 2023.
Under Rule 9.2 of the Procedural Rules of the Committee of Ministers supervising the execution of the judgment, several NGOs addressed the Committee of Ministers requesting its enhanced supervision. They argue that this judgment reveals structural violations in rescue at sea operations. They also call for the establishment of an independent border monitoring mechanism. [24]
Council of Europe, Secretariat of the Committee of Ministers, 1468th meeting (June 2023) (DH),Communication from an NGO (Hellenic League for Human Rights) (24/04/2023) in the case of Safi and Others v. Greece (Application No. 5418/15), DH-DD(2023)548, 4 May 2023; Reply from the authorities (07/03/2023) following a communication from an NGO (Border Violence Monitoring Network (BVMN)) (24/02/2023) in the case of Safi and Others v. Greece (Application No. 5418/15), DH-DD(2023)300, 13 March 2023; Communication from NGOs (Hellenic League for Human Rights, Human Rights Legal Project, I Have Rights) (20/02/2023) in the case of Safi and Others v. Greece (Application No. 5418/15) and reply from the authorities (03/03/2023), DH-DD(2023)277-rev, 7 March 2023.

More generally, against the backdrop of persistent and serious fundamental rights violations at the EU’s external borders, FRA’s recent publications highlight that most victims of rights violations at the EU’s external borders do not find redress in national courts. [25]
FRA (2023), Fundamental Rights Report 2023, 8 June 2023, Chapter 6; FRA (2023), Asylum and migration: Progress achieved and remaining challenges, 30 May 2023; FRA (2020), Migration: Fundamental rights issues at land borders, 8 Dec. 2020.
FRA identified several factors that might explain the small number of national criminal cases initiated across Europe, despite continuing reports of rights violations. These include limited interest on the part of victims in filing a case and difficulties in producing evidence of events occurring during darkness in forests or at sea. [26]
FRA (2023), Asylum and migration: Progress achieved and remaining challenges, 30 May 2023, p. 11.
To get a better overview of the state of play of national investigations into rights violations at borders, FRA is carrying out further research in 2023.

Investigations of shipwreck incidents occurring in the context of a search and rescue operation are complex. Establishing whether the acts and omissions by the responsible authorities may raise issues under the positive obligation of the right to life requires both advanced human rights expertise and significant experience and expertise in maritime search and rescue. In some Member States, national human rights institutions get involved, as the recent announcement by the Spanish Ombudsperson about a shipwreck incident on the way to the Canaries illustrates. [27]
Spanish Ombudsperson (2023), The Spanish Ombudsperson has opened an investigation to request information on the shipwreck of a dinghy boat heading to the Canary Islands (El Defensor del Pueblo ha iniciado una actuación para solicitar información sobre el naufragio de una patera que se dirigía a Canarias), press release, 23 June 2023.

In Greece, according to Article 1 of Law 3938/2011, as amended by Article 188 of Law 4662/2020, [28] Art. 1 of Law 3938/2011Establishment of an Office Dealing with Incidents of Arbitrariness within the Ministry of Citizen Protection and other provisions(Σύσταση Γραφείου Αντιμετώπισης Περιστατικών Αυθαιρεσίας στο Υπουργείο Προστασίας του Πολίτη και άλλες διατάξεις), Government Gazette Α΄ 61/31.03.2011, as amended by Article 188 of Law 4662/2020.
the Greek Ombudsman is designated as the National Mechanism for the Investigation of Arbitrary Incidents. The National Mechanism has the mandate to collect data, record, evaluate and forward for disciplinary control, cases of illegal acts allegedly perpetrated by uniformed personnel, including of the Hellenic Coast Guard, during the performance of their duties or in abuse of their powers. The National Mechanism can undertake cases also ex officio. In addition to monitoring the disciplinary investigations, the mechanism reserves the right to conduct its’ own investigation. Activating such mechanism would be critical for an adequate assessment of the human rights dimension of the incident.

At the EU level, the European Border and Coast Guard Agency (Frontex) informed FRA that they initiated a “Serious Incident Report”. [29]
For more information on SIRs, see Frontex, Fundamental rights at Frontex at https://frontex.europa.eu/fundamental-rights/fundamental-rights-at-frontex/fundamental-rights-at-frontex/ as well as Frontex, Decision of the Executive Director No R-ED-2021-51, Standard Operating Procedure (SOP) – Serious Incident Reporting of 19/04/2021.
This entails a limited form of investigation focusing on actions by the Agency and delivering recommendations for action.

In addition to criminal and disciplinary investigations, large shipwreck incidents would benefit also from maritime safety-related investigations, as established under EU law for accidents in the maritime transport sector. Under Directive 2009/18/EC laying down the principles governing the investigation of accidents in the maritime transport sector, [30]
Directive 2009/18/EC of the European Parliament and of the Council of 23 April 2009 establishing the fundamental principles governing the investigation of accidents in the maritime transport sector and amending Council Directive 1999/35/EC and Directive 2002/59/EC of the European Parliament and of the Council (Text with EEA relevance), OJ L 131, 28 May 2009, pp. 114–127.
Member States are obliged to establish independent accident investigation bodies (Article 8) and to investigate accidents (Article 5) depending on their severity. They must publish accident reports (Article 14) and notify the European Commission through the European Marine Casualty Information Platform - EMCIP [31]
For more information, see European Maritime Safety Agency, European Marine Casualty Information Platform – EMCIP.
(Article 17) maintained by the European Maritime Safety Agency (EMSA). There is a common methodology for investigating marine casualties and incidents. In June 2023, the European Commission tabled amendments to this directive. [32]
Proposal for a directive amending Directive 2009/18/EC establishing the fundamental principles governing the investigation of accidents in the maritime transport sector, COM(2023)270 final, Brussels, 1.6.2023.

The EU legislator should consider applying the transparency and accountability principles developed to investigate maritime incidents to shipwreck incidents. These principles currently apply in the context of maritime transport activities but could apply to shipwreck incidents which typically involve overcrowded and unseaworthy vessels, flying no flag, occurring in the context of border management.

There is precedent in the practice of other European coastal states. [33]
See the United Kingdom’s interim report following the November 2021 La Manche shipwreck: MAIB Interim Report – Migrant Vessel – Very Serious Marine Casualty.

In those cases, where more than one Member State or the European Border and Coast Guard Agency have been involved, for example through aerial surveillance, they should participate or cooperate in accident investigation.

The latest tragic shipwreck in the Mediterranean is a reminder of the complexity in understanding how these incidents happen. Investigations could benefit from greater transparency to identify the legal responsibilities to protect the right to life.