Closure of preliminary examination by the prosecution of the Piraeus Maritime Court for the Pylos shipwreck

The absence of any search for responsibility by the competent search and rescue bodies and by the leadership of the Coast Guard and the Greek Coast Guard is deafening

The lawyers representing the survivors and victims of the shipwreck of the fishing vessel "Adriana", which took place west of Pylos on 14/06/2023, were informed a few days ago, of the completion of the preliminary examination conducted by the competent Deputy Prosecutor of the Piraeus Maritime Court and the transmission of the case file to the Head of the Prosecutor of the Court, while, at the same time, we were invited to receive a copy of the case file.

First of all, from the first processing of the voluminous file, the following emerge:

  • Before the competent Public Prosecutor, the captain and the crew members of the PPLS 920 (Hellenic Coastguard boat) and the members of the Special Missions Squad (KEA) of the Coast Guard on board were summoned to provide written explanations for the offences of a) causing a shipwreck that resulted in the death of a large number of people (Article 277 para. 1 ot the Penal Code ), (b) dangerous interference with vessel traffic resulting in the death of others (Article 291(1)(dd) of the Penal Code), (c) exposure resulting in death (Article 306(2) of the Penal Code), (d) failure to render assistance (Article 307 of the Penal Code), and (e) aggravated involuntary manslaughter (Article 302 of the Penal Code) and aggravated involuntary assault (Article 314(1) and (2) of the Penal Code).
  • However, those who were not called for written explanations by the competent Public Prosecutor's Office were those who were competent and responsible by law 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. This is despite the fact that, from the evidence in the case file, it is clear that, in addition to the responsibilities of the master and the crew members of the PPLS 920, there are responsibilities for all of the above, including the Chief and the Deputy Chief of the Coast Guard, as, while they had a particular legal obligation, while they were aware of the danger situation of the vessel 'Adriana', they did not act, as they should have done, in order to rescue the people on the vessel. From the first moment the vessel 'Adriana' was sighted until its capsizing and sinking, the supervision, operational management and coordination of the actions of the National Search and Rescue Coordination Centre, and the Operations Centre was exercised, in accordance with their exclusive competence, by their officers and their hierarchical superiors, who were aware of the state of distress of the vessel and its occupants and the need to rescue them.

Today, the lawyers representing the survivors and victims of the Pylos shipwreck, filed a request before the competent Public Prosecutor of the Piraeus Maritime Court requesting, among other things, the exercise of criminal prosecution and the self-evident investigation and attribution of responsibility for the commission of the acts complained of and to the competent executives of the the National Search and Rescue Coordination Centre, and the Operations Centre and to 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.

We have also requested that additional investigative acts be carried out in order to provide evidence for the many questions that remain unanswered, as serious gaps and omissions are found in the case file that has been established, in particular concerning:

  • the record of the communications of the National Search and Rescue Coordination Centre throughout the period in question as, although it is clear from the testimonies of the National Search and Rescue Coordination Centre staff and the master of the PPLS 920 that there were communications both between them and with the Adriana, they have not been included in the case file,
  • the incomplete search of the mobile phone devices of the crew members of PPLS 920, which took place without any evaluation or forensic analysis of the evidence extracted,
  • the urgent need to lift the secrecy of the telephone communications of the business and private telephones of the relevant officers of the National Search and Rescue Coordination Centre, and the Operations Centre of the higher hierarchical or supervisory directorates and bodies, including the Chief and Deputy Chief of the Coast Guard.

Judicial investigation and accountability for the Pylos shipwreck is a matter of the rule of law. It raises concern and questions that, 18 months on, there are still many unanswered questions, even as regards the assessment of the actions of the competent port authorities. There must be transparency and access to all possible evidence in order for it to be investigated by the judicial authorities, because even today no reasonable explanation has been given for the criminal acts and omissions of the Greek port authorities in the search and rescue of the Adriana vessel. Accountability for the Pylos shipwreck and justice for the victims is a requirement for our democracy, as is the need to investigate all the deaths, most recently the tragic deaths off Rhodes, which have been added to the hundreds of people lost at our country's maritime borders.

The organisations

Network for the Social Support of Refugees and Migrants

Hellenic League for Human Rights (HlHR)

Greek Council for Refugees (GCR)

Initiative of Lawyers and Jurists for the shipwreck of Pylos

Refugee Support Aegean (RSA)RSA)

Legal Center Lesvos

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