Over 650 people were killed. The death toll from the capsizing of the Adriana on June 14, 2023, is one of the highest in the Mediterranean in the last ten years. Setting out from the Libyan coast, the fishing boat had more than 750 passengers on board. It sank off the Greek coast. Eight months later, investigations are still underway in Greece into the circumstances of the disaster. European Ombudsman Emily O'Reilly published a report on Wednesday, February 28, on the shortcomings of Frontex, the European border and coastguard agency, during this operation.

The report finds that Frontex did not broadcast a Mayday distress signal, even though one of its aircraft had observed that the boat was overcrowded and passengers had no life jackets. The inquiry highlights the lack of interest shown by Greece in taking up Frontex's "four separate offers to assist" the Greek authorities that day, even though they were responsible for coordinating search and rescue operations in the area.

O'Reilly writes that "the lack of response from the Greek RCC in the Adriana incident, together with broader concerns about the Greek authorities' non-compliance with fundamental rights obligations, raises the question of Frontex's relationship with Member States." She adds that there was a "tension between Frontex's duty to save lives and the pressure to prevent or discourage people from attempting to cross the Mediterranean," creating a "challenge" for the agency to follow through on its "fundamental rights obligations." The ombudsman referred to the possibility of suspending Frontex's activities in cases where the agency is "involved in fundamental human rights violations," under Article 46 of the agency's regulation.

'No reply' from Greek authorities

Questions were immediately raised about the actions of the Greek coastguard after the shipwreck. Survivors said that rather than providing assistance the Greek coastguard instead towed the boat, causing the Adriana to capsize. The European ombudsman decided to open an inquiry to clarify "how Frontex complies with its obligations." Under European law, EU member states "have an obligation to render assistance to any vessel or person in distress at sea regardless of the nationality or status of such person." O'Reilly reminds Frontex that this law applies to the agency in the context, for example, of joint maritime operations.

On June 13, the agency was alerted to Adriana's presence by the Italian authorities, who in turn had been alerted by "civil society organizations." One of the agency's aircraft, present in the central Mediterranean, flew to the scene to pass over the boat and carry out "standard maritime surveillance activities." The aircraft "shared video footage and other information about the boat's condition and sea-state" with the Italian and Greek RCCs.

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