V_Libya 19.01.21 en

Edit 2025: This case is not prosecutable

This case is not prosecutable because the capture, according to Operation Themis (Italian Government + Frontex), occurred in Libyan territorial waters.

Jurisdiction is crucial. Libyan laws apply in Libyan territorial waters (which extend 12 miles off the coast of Libya). Immigration Law 19/2010 imposes indefinite prison with forced labor on all undocumented foreigners entering, remaining in, or leaving Libyan territory. In international waters, however, international laws apply, including the right to asylum and prohibiting forced labor as a serious violation of human rights.

Below we present our research on this case.

Faith’s case

NOTE: Faith is a pseudonym used to refer to the woman at the centre of this case.

A collective pushback that took place in international waters (15 miles from Zuwara), following a shipwreck that resulted in the death of 42 people. Only 11 people survived; 10 plus Faith, the only surviving woman. Faith paid a sum of money to the Libyans who carried out the pushback for her to be released, which is why she wasn’t counted by them or by Frontex.

This case is an pushback registered by Joint Operation Themis. It likely happened following an interception by a spy plane belonging to Frontex (Osprey 3), which, on the day in question, was taking part in Themis, an operation carried out by the Italian Government and Frontex.
This is a case of an alleged failure to provide assistance by Operation Themis and the MRCC Rome. The boat was likely spotted in the early morning by a Frontex aircraft asset. The Libyans arrived at 15 UTC, almost 12 hours later, when 42 people had already died. Ocean Viking was extremely close and would have been able to intervene in a maximum of 2 hours, but it was NOT notified.

We have located 3 survivors of the pushback that are now in Tunisia:

● Faith, who was pregnant at the time
● Her unborn baby, miraculously born after the shipwreck
● Person 1, Faith’s husband and father of the baby. He can be seen clearly in the photos.

And a minor, deceased following the pushback, J.L. (16 at the time, Person 1’s brother). He did not drown when the boat capsized; instead, he probably died due to hypothermia hours later.

The boat was a white rubber dinghy that departed from Zuwara.

According to the survivors, there were 53 people on board, from Sierra Leone, Guinea Bissau, Nigeria, Gambia, Sudan, Liberia, Guinea and Senegal. There was only one woman, Faith, one month pregnant, and no children.

They did NOT call for help.

The Libyan patrol boat that intervened was P-107. The disembarkation occured in Zuwara.

EU Involvement

The case occurred under Operation Themis.  “Joint Operation Themis is a synergy between the European Border and Coast Guard Agency (Frontex) and the Italian Authorities with the support of the Member States of the European Union”, as can be read on the website of the Italian Ministry of Defence (https://www.difesa.it/operazionimilitari/op-intern-corso/jointoperationtriton/index.html). The Libyans ARE NOT part of the operation.

The case is present in the database of Operation Themis, with number 540177/431124. The number of individuals detained is listed: 10. Themis does not report the number of deceased people.

Note: In Themis’ database the vessel is reported as a “wooden boat”, not a “rubber boat”. This a common mistake that happens when Themis files a case based upon photos taken by Frontex’s spy aircrafts. They analyse the dimension of the side of the boat photographed from above: if it is wide, they write “rubber boat”, correctly identifying it as an inflatable rubber dinghty; if it is narrow, they write “wooden boat”. This does not account for the fact that migrants sometimes ride the boats sitting astride the inflatable tubes, making it impossible to see the inflatable tubes from above, which causes the mistake. Even Windward’s AI (https://www.meltingpot.org/2021/02/intelligenza-artificiale-frontex-rafforza-la-sorveglianza-marittima/), the “maritime analysis” platform used by Frontex, makes the same mistake.

IncidentId	540177
IncidentNumber	431124
IncidentStatus	Accepted
OperationName	Themis 2020
OperationSectorType	SEA
PrimaryIncidentType	Third Country Action
EntryExit	Exit
SAR	No
DetectionByFrxAsset	No
InterceptionByFrxAsset	No
OtherFrontexAssetInvolvement	No
FrontexInvolvement	No
ReportingCountry	Italy
DetectionDate	2021-01-19T00:00:00
InterceptionDate	2021-01-19T00:00:00
CountryOfDeparture	Libya
DetectionInitiatedBy	Not Applicable
Disembarkation	Zuwarah
TransportType	wooden boat
GroupedOperationName	Themis
num_total_persons	10
num_would_be_mig	10

Operation Themis deployed a spy aircraft, which likely intercepted and photographed the dinghy while patrolling international waters The aircraft was Osprey 3, belonging to Frontex, with code ICAO 407637.

It is possible that, between 4 and 9 UTC, Osprey 3 flew over the area facing Zuwara, where the boat subject of this case was moving. Although partial, the ground track shows directions and time codes in line with this possibility (the red circle indicates Zuwara, the site of the dinghy’s departure ).

The survivors are reported the large Jora database, used by Frontex to register every person who attempts to cross or sucessfully crosses borders. They can be found with these codes

Censored_20210906_PAD_2021_00248_JORA2_persons_2_20160914

file
d06c993c386e55388aa5e7b375b41759ed5fe355

They can be downloaded at this link https://aleph.occrp.org/entities/d06c993c386e55388aa5e7b375b41759ed5fe355.3faa88556e7b852716b34ee37549b4a43f1b2104.

The survivors are numbered progressively with a Migrant ID and are all associated with the case, which is IncidentID 540177 – Incident Number 431124. Their names have been redacted.

MigrantId	IncidentId	IncidentNumber
5117300	540177	431124
5117301	540177	431124
5117302	540177	431124
5117303	540177	431124
5117304	540177	431124
5117305	540177	431124
5117306	540177	431124
5117307	540177	431124
5117308	540177	431124
5117309	540177	431124

It is not clear who has been pushed back out of the 10 people in this list. JLProject suggests referring to the Frontex documents associated with the 10 Migrant IDs.

Failure to provide assistance

Ocean Viking, the SOS Mediterranee ship, was extremely close to where the location of the shipwreck, at maximum 20 nautical miles away. However, it was NOT alerted by the MRCC (Maritime Rescue Coordination Centre). Ocean Viking can travel 20 miles in less than 2 hours, as it can reach a speed of 13 knots. The Libyans intervened 8-13 hours after locating the boat.

We do not have the exact coordinates of the shipwreck, but, according to the Libyans, it happened 15 miles away from Zuwara, in international waters. From Zuwara boats headed towards Lampedusa, so the shipwreck area is in the black circle.

Ocean Viking was around point 1. The red circle indicates a 20 miles radius from point 1, therefore we can assume that Ocean Viking was around 20 nautical miles away from the shipwreck’s location.

Ocean Viking’s fastest speed is 13 knots. If notified, it could have intervened in TWO HOURS maximum.

Frontex’s spy aircraft Osprey 3 likely located the boat between 4 and 9 UTC. The Libyans intervened around 15 UTC, so from 8 to 13 hours after the warning. Many people died during those hours, including the underage boy J.L., Person 1’s brother.

EDIT: In the database of Joint Operation Themis, we then found the coordinates of the sighting and capture, which are the same (33.0666666666, 12.1413888888). The point corresponds to Libyan territorial waters. This makes the case unprosecutable.

Timeline

The night between January 18th and 19th 2021: a white inflatable rubber dinghy departs from Zuwara. On board there are 53 migrants from Sierra Leone, Guinea Bissau, Nigeria, The Gambia, Sudan, Liberia, Guinea, Senegal. There is only one woman (Faith) and no children. There is at least one minor, sixteen-year-old J.L.

NOTE on departure time: our witness recalls setting sail around 6 am (4 UTC), but usually boats leave Zuwara much earlier than that, as soon as the sun goes down. However, it is not an important piece of information.

00:00 UTC: the vessel Ocean Viking of SOS Mediterranee is at coordinates Lat: 33 22,5N Long: 012 40,7E, in international waters facing Zuwara. (Source: location provided by SOS Mediterranee)

02:48 UTC (04:48 Libyan time): Frontex’s spy aircraft Osprey 3 with code ICAO 407637 takes off from Malta as usual for a mission in the Libyan SAR, heading directly towards Zwara. (Source: https://globe.adsbexchange.com/?icao=407637&lat=35.842&lon=14.520&zoom=13.1&showTrace=2021-01-19&trackLabels)

03:16 UTC: Frontex’s spy aircraft Osprey 3 with code ICAO 407637 arrives in the Libyan SAR and turns off the transponder.

06:09 UTC: sunrise.

Around 8 UTC: the white inflatable rubber dinghy starts having problems, it is taking on water. Soon after it capsizes and people fall into the water. No one is able to call for help. During the shipwreck a few people drown, but most of them are able to swim and hold on to what is left of the dinghy.

Faith, Person 1 and the young J.L. survive the capsizing.

09:26 UTC: Frontex’s spy aircraft Osprey 3 with code ICAO 407637 turns the transponder back on. It is headed back North of Zuwara. (Source: https://globe.adsbexchange.com/?icao=407637&lat=34.940&lon=15.001&zoom=8.4&showTrace=2021-01-19&leg=2&trackLabels)

Hours after the capsizing: the survivors die, one by one, likely due to hypothermia, since it is January and the water is freezing cold.
Young J.L. is still alive. He talks with his sister-in-law, Faith, reassuring her. (Faith’s testimony: “My husband’s brother, he died after some hours he was talking to me, telling me to be strong”).

A few hours later: underage boy J.L. dies. It is likely his heart stopped due to hypothermia.

Around 15 UTC: Libyan patrol boat P-107 arrives. The situation is as follows: the dinghy is destroyed, 11 people – 10 men and one woman – are still afloat. The other 42 have drowned.

The seizure of the dinghy occurs in international waters. As the Libyans themselves have admitted, they are 15 miles away from Zuwara, which is 3 miles outside of Libyan waters.

Libyan patrol boat P-107 takes the 11 survivors on board.

The patrol boat sets sail for Libya.

Around 16 UTC: patrol boat P-107 arrives at the port of Zuwara and the survivors disembark.

Faith’s husband pays the Libyan militiamen a ransom for his wife. He doesn’t have enough money to buy freedom for both of them, so he decides to save his wife.

IOM (International Organization for MIgration) is at the port of Zuwara. The negotiation happens before the eyes of the employees.

The Libyans do not register Faith in the list of survivors.

16:26 UTC: sunset.

18:15 UTC: Ocean Viking is still in the area. It stops at location 33°23.3’N 012°35.8’E and throws two RHIB to practice rescue operations.

Later, the 10 male survivors are brought to migrant concentration camps.

Complete case documentation

The shipwreck is reported by the Libyans, who register it as operation 19:01:21. Starting from early morning on the following day, the spokesperson for the Libyans, Rgowans, posts a long thread on Twitter with original photos, at the link https://x.com/rgowans/status/1351764962478321666?s=20.

Among the attached media, there are 8 photographs and one video.

We have numbered the photos from 1 to 8.

The video is 29 seconds long and it can be seen here: https://x.com/rgowans/status/1351933647365005313?s=20.

It is an interview with one of the survivors, named Moussa.

IOM, who was at the port, also talks about the shipwreck in a tweet at the link https://twitter.com/IOM_Libya/status/1351893373804830722?s=20

And in an article at the link https://www.iom.int/news/iom-unhcr-shipwreck-libya-claims-over-40-lives
and https://mena.iom.int/news/iom-unhcr-shipwreck-libya-claims-over-40-lives

The second article also has an original photo with obscured faces. The photo was reposted by all of the UN, but the faces of the victims are always blurred https://x.com/UNGeneva/status/1351899032847839233?s=20

There is a statement by UNHCR here https://www.facebook.com/UNHCRTripoli/photos/1187802134950749 and another here https://www.facebook.com/UNHCRTripoli/photos/1187744241623205, but the photos are not original, they are archived photos.

UNHCR writes: “The International Organization for Migration (IOM) and UNHCR, the UN Refugee Agency are deeply saddened by a tragic shipwreck off the Libyan coast yesterday (19 January). The boat, which embarked in the early hours of Tuesday from the city of Zawiya, reportedly capsized due to bad sea conditions when its engine stopped, just a few hours after departure. Survivors, mainly from Cote d’Ivoire, Nigeria, Ghana, and The Gambia, reported that those who perished were all men from West African countries. IOM staff and UNHCR’s partner, IRC, provided them with emergency assistance, including food, water and medical screenings, before they were released from the port.”

JLP’s note: apart from the mistake in the port of departure (Zuwara, not Zawiya), and the omission of Faith, the statement is correct. Alarm Phone also discusses the case, here https://x.com/alarm_phone/status/1351844843719430144?s=20

Sergio Scandura reports the case as well, listing the correct number of survivors.

An account of the case is also given in Melting Pot’s report of January 2021 https://www.meltingpot.org/2021/02/mediterraneo-centrale-report-gennaio-2021/

On January 19th, Alarm Phone receives a report by a group of people in distress on a dinghy that was taking on water and had set sail from Zuwara, Libya. The boat, with 53 people aboard, capsizes. 10 people are saved, while the other 43 are reported missing. Abdul Wahab, a Sudanese man, is one of the 43 victims. He was trying to escape the Libyan hell to reunite with his family, who lives in England. Another identified victim is young Souleymane. He was from Guinea and was only 18 years old. He spent the last three years of his bitter existence in Libya and was on his fourth attempt to cross the Mediterranean to reach Europe. In March, with clear pain, Souleymane told his story to Info Migrants, describing the living conditions in Libya, the detention, torture and abuse he endured in the Tajura and Zuwara concentration camps. At dawn on Tuesday, 19 January , Souleymane stepped on a small boat, trying to reach Europe once again. A few hours after departure, rough seas capsized the vessel. Souleymane fell into the water; he couldn’t swim. His friend Moussa, who survived and was on board with him, pulled him back up, but shortly after, a second wave struck him again. Souleymane grabbed one of the buoys on the side of the dinghy and said, “I’m tired, I can’t hold on any longer.” These were his last words. Seconds later, his body slipped into the water, never to surface again.

Note by JLProject: we think that there is a mistake in the statement above. There is no evidence that Alarm Phone was called from the white dinghy. It is likely that Melting Pot confused this event with the parallel case.

Ocean Viking’s presence in the area

From 17 to 20 January, Ocean Viking was right in the shipwreck area: in international waters facing Zuwara. The ship never left the area in those days. We have evidence of some of its positions:

Date and time	Position	Source
18 January at 20 UTC	Patrolling the area facing Zuwara
19 January at 00:00	Lat: 33 22,5N Long: 012 40,7E	Position provided by SOS Mediterranee
19 January at 18:15	coordinates 33°23.3’N 012°35.8’E

Blogger Francesca Totolo, from Italian right-wing sovereigntist newspaper Primato Nazionale, accuses Ocean Viking of letting the migrants die.

https://twitter.com/francescatotolo/status/1351807771646316544?s=20

https://twitter.com/francescatotolo/status/1351815664118456321?s=20

https://twitter.com/francescatotolo/status/1351865739762917379?s=20

Complete timeline of Ocean Viking’s movements

After a 5-month stop, on 18 January Ocean Viking is on a mission in the Libyan search and rescue zone.

18 January 18 at 20:06 UTC: Ocean Viking is tracked in front of Zuwara by Francesca Totolo of Primato Nazionale, who posts a screenshot the following day. https://x.com/francescatotolo/status/1351436677714206721?s=20

19 January 19 at 00:00 UTC: Ocean Viking is at Lat: 33 22,5N Long: 012 40,7E (Source: Position provided by SOS Mediterranee)

• 19 January at 07:21 UTC (08:21 CET): Ocean Viking answers an e-mail alert from Alarm Phone and changes its route towards the position indicated by AP, but it does not arrive in time. Source https://watchthemed.net/index.php/reports/view/1816  
• 19 January at 17:57 UTC (18:57 Italian time): Francesca Totolo tracks Ocean Viking again. https://x.com/francescatotolo/status/1351590947088445447?s=20

• 19 January around 20:20 UTC (21:20 Italian time): Ocean Viking rescues someone.

• 19 January at 21:22 pm (22:22 Italian time): Francesca Totolo complains that Ocean Viking is in the area and tracks it. Link: https://x.com/francescatotolo/status/1351641394813808640?s=20

Status of the Investigation

After years of investigation, we learned from gaining access to the Operation Themis database that the operation itself recorded the incident as having occurred in Libyan territorial waters. This makes this case inadmissible.

However, we have not abandoned Faith and her family. We have handed her over to our UNvisibles project and are currently working to have her evacuated to a UN-safe country.