V_SAR Op 10.01.20 A

RIASSUNTO DEL CASO

A pushback with 4 people captured — recognizable in the pictures — who we able to locate in Libya, Algeria, and Niger. The boat carrying our rejected migrants was a dark gray dinghy that had set sail from Garabulli.

We believe that the pushback was coordinated by the Joint Operation Themis (Italian government + Frontex). In particular, the dinghy:

• Was detected by Frontex’s Osprey3 surveillance aircraft during the night between 9 and 10 January 2020.
• Was captured on 10 January in the afternoon by the Libyan patrol boat Sabratha 654.

On the day in question, the Libyan patrol boat Sabratha 654 intercepted 4 boats for a total of 421 people.

All of the pushback victims testified that some aircrafts had been flying over them for hours, through the night until the following afternoon. The aircraft departed only after the Libyans had intercepted the victims.

Frontex’s Osprey3 surveillance aircraft – as its route shows – had probably detected 3 of the boats during the night between 9 and 10 January.

We were unable to identify the second aircraft (the one that flew over the dinghy on 10 January).

Joint Operation Themis has numbered and registered the operations:

– 329724 (inflatable dinghy, 75 pax)

– 329725 (inflatable dinghy, 70 pax)

– 329726 (inflatable dinghy, 77 pax)

– 329546 (wooden boat, 70 pax). — Spotted and captured in Libyan waters. Alarm Phone case.

We believe our dinghy to be one of the first 3.

The migrants did NOT call while in open water.

The disembarkation took place in Tripoli at night.

THE CASE IS AMONG THE THEMIS OPERATIONS OF ITALY AND FRONTEX

On January 10, 2020, Operation Themis (Italian government + Frontex) recorded the sighting and capture of seven different boats.

Operation Themis (Italian government + Frontex) recorded the sighting points, which are:

And also mark the spots where the boats were captured:

The difficulty in analyzing this case lies in separating the individual boat’s journey.

From access to Frontex’s records, we received a partial outline (only 4 out of 7 cases) of the pushbacks to Libya on January 10, 2020, referred to by Frontex as “Themis operations.”

zoom:

• 3 boats (three dinghies) were captured by the patrol boat Sabratha (multiple captures) –
• One boat was captured by the patrol boat Fezzan (single capture) – corresponding to jo Themis no. 329728

The case of the people we found is a multiple capture, so we exclude the Fezzan case and are certain that they were captured by the Sabratha 654.

The table provided by Frontex does not show the full numbers of Themis operations, but only the final two numbers:

• 28 is one of the captures made by the Sabratha (80-person rubber dinghy identified by an EUNAVFORMED aircraft)
• 26 is one of the captures made by the Sabratha (70-person rubber dinghy identified by an EUNAVFORMED aircraft)
• 22/27 is one of the captures made by the Sabratha (75-person rubber dinghy identified by an EUNAVFORMED aircraft)D)
• 36 is the case of the Fezzan (100-person rubber dinghy)

Our case is one of three from the Sabratha, but without a description of the boat’s color, it’s impossible to determine which one.

From a second access to Frontex, we gathered information on all the captured boats and cross-referenced it with the sighting and capture coordinates recorded by Operation Themis and with the routes of the Osprey 1 and 3 spy planes.

Boat 329724 (rubber boat, 75 pax)

Spotted and captured on the route of Osprey 3.

Boat 329725 (rubber boat, 70 pax)

Spotted and captured on the route of Osprey 3.

Boat 329726 (rubber boat, 77 pax)

Spotted and captured on the route of Osprey 3.

Boat 329727 (rubber boat, 86 pax)

Spotted and captured on the route of Osprey 1.

Boat 329728 (rubber boat, 72 pax)

Captured by the patrol boat Fezzan. Spotted apparently outside the flight paths of Frontex aircraft.

Boat 329546 (wooden, 70 pax)

Sighted and captured within Libyan territorial waters. Alarm Phone case.

Presence in the JORA PERSONS file:

• Migrants apprehended in Themis operations 329728 and 329727 are in the JORA database. Each is numbered.
• For Themis operation no. 329727, the rejected persons have serial numbers from 4362656 to 4362723.
• For Themis operation no. 329728, they have serial numbers from 4362736 to 4362835.

If the “censored” JORA file exists, the uncensored version also exists. Further access to the files should be made to Frontex to see if the names of our clients have been recorded in JORA.

THE CASE TOLD BY ROBERT BRYTAN-RGOWANS

The “Rgowans” Twitter account belongs to a European citizen named Robert Brytan, who curiously shares the same name as the data center director of Asseco BS, the company that holds the contract for Frontex’s JORA system for European border control (the Modena prosecutor’s office is investigating whether they are the same person). It publishes information on the case:

10/01/2020

421 people intercepted (including women and children). They were on 4 different boats.

Disembarkation occurred in Tripoli at night, probably in the presence of IOM.

Among the 4 boats, we know that M.’s was a grey dinghy. The Libyan authorities talk about the case on Twitter

(https://twitter.com/rgowans/status/1217860459287674881)

The case is also present in a summary photo (https://twitter.com/rgowans/status/1217860914923307008/photo/1)

CRONOLOGIA

9 january 2020

18-19 UTC (20-21 in Libya), 9 January: a grey dinghy with white stripes departs from Garabulli. 109 people on board, including 4/6 women and 2 children.

Around 20:30 UTC: Osprey3, Frontex’s surveillance aircraft, takes off from Malta for a patrol mission in the Libyan SAR zone but at 20:31 UTC it turns off the transponder.

22.03 UTC: Osprey3, a Frontex spy plane, is registered by Sergio Scandura in the area off the coast of Garabulli. It flew for six hours patrolling the marine area off Garabulli.

Operation Themis recorded sightings of three different boats, numbered Themis 329724, 329725 and 329726, exactly on the route of Osprey 3.

Night between January 9th and 10th: A plane arrives during the night. Those rejected say it began following them, coming and going, until the next day, when Libyan militias captured them.

(Source: The story of people pushbacked)

JLProject Analysis: Evidence suggests Osprey 3 located the dinghy during the night.

10 January 2020

Ore 02:19 UTC: Frontex’s Osprey 3 spy plane returns to Malta after its Libyan search and rescue mission.

09:42 UTC (10:42 CET): Osprey1, Frontex’s surveillance aircraft, was patrolling the marine area off Garabulli as well. Sergio Scandura reports it in this tweet: https://twitter.com/scandura/status/1215728743332880386/photo/1.

He then attaches a screenshot zooming in on the route in the Libyan SAR zone:

Osprey 1’s route certainly intersects with the sighting point of boat no. 329624 (rescued by NGOs and disembarked in Messina), but the route is partial, and we don’t know where it went after that. Potentially, on its return flight, it could have also sighted other boats. The route is consistent with sightings of other boats, but not the dinghy on which we found people pushbacked

Morning of 10 January: The migrants did not call for help when in open waters (M. said he does not remember whether anyone tried calling for help, but he told us that the phone was in the driver’s hands and that he was very far away). Two others were even further ahead. H., however, was sitting in the back – as is shown in the picture – and claims that none of them called for help.
(Source: The Pushbacked People’s Story)

14:30-16:00 UTC (16:30-18:00 in Libya), 10 January: The migrants on the grey dinghy are intercepted by a Libyan patrol boat.

We have a picture of this moment. It comes from the Libyan Navy Twitter account and it is one of the 4 pictures showing a mass round-up which took place on 10 January 2020. It can be found at this link: https://twitter.com/rgowans/status/1217860459287674881

The Libyan authorities write: 10.01.20 – Libyan Coast Guard on a single day rescued in 4 sep. #SAR Ops 421 #migrants incl. women & children. All disembarked safely @ Tripoli.

4 of our victims can be recognised in the same picture.

M. explained that the rescue was nothing but “throwing a rope”: The Libyan authorities did not move from their patrol boat, they only threw a rope and the “migrants” had to climb up this rope to get on board. The rope was thrown at the boat and the victims had an argument, as they were scared and did not want to go back.

Two of the victims told us that the Libyan authorities hit the migrants with a shovel. “We were attacked by a weapon from digging the Libyan coast, and 3 people fell from us, 2 to their death and 1 to survive”. They report that three people fell into the sea, two died and one survived.

During the interception, an aircraft was still flying over them.

When the Coast Guard reached them, were there already other people on board the patrol boat? According to M., there were not (others got on board later on). According to THE OTHER 3, there were (they got on board both before and after them). They all agree and remember that, after they were intercepted, the patrol boat performed further pushbacks (1 or 2) and intercepted other people.

17:54 UTC (19:54 CAT) sunset at Tripoli

18:54 UTC (19:54 CET): Frontex’s surveillance aircraft Osprey1 returns to Lampedusa after an overflight mission in the Libyan SAR zone.

Its route passes through the area where Operation Themis reported the sighting and capture of boats Nos. 329626 and 329727.

19:30-23:59 UTC (imprecise time, however it was night and after 21:30 in Libya): the patrol boat disembarks at the port of Tripoli.

At the port, they met a group of young people who treated them and gave them some band-aids, the “Proselytes Jackets Charities”. As soon as this organisation left, the vehicles of the Libyan militia arrived. When they saw the vehicles approaching, they realised who they belonged to and many of them attempted to flee. Each of them looked for a different escape path, hoping to get out of the port and seek shelter. The militia started following them while opening fire, some were injured.

H. – one of our victims – suffered an injury on one foot. They were intercepted again and, about an hour after this event, they were all gathered in a single place and then transferred to prison. They were deported to Osama Alcica prison (Zawiya). There, they were beat and then left without food and water for days. When they asked for water, they were beaten and then given salt water.

CONTEXT OF THE DAYS IN QUESTION

(primary source ALARM PHONE):

About 700 of the people who contacted Alarm Phone were intercepted by the so-called Libyan Coast Guard and pushed back to Libya. We have also learned of a shipwreck: according to the Libyan authorities, the 65 people on board survived, but we cannot prove that to be true.

• 10 January AP lost contact with the wooden boat carrying about 70 people Tweet from @alarm_phone
• 10 January AP lost contact with another boat carrying 65-70 people which set sail from Zawiya Tweet from @alarm_phone
• 11 January A pushback operated by private individuals took place. #SAR Op 11.01.20 B. A merchant ship illegally took some migrants to Libya. When they arrived in #Tripoli, the 64 #migrants refused to disembark. According to the testimonies, the Libyan authorities shot a migrant and threw the body into the sea Tweet from @alarm_phone

NGOs in the area:

• 9 January at 02:44 CET SEAWATCH3 operated a rescue 24 miles north of Sabrata (source Scandura). After this, did it return or did it stay in the area?
• “Sea Watch 3 had documented the pushback operated by the Libyan Coast Guard, which involved about 150 people who were on board two dinghies” (on what day?).
• 10 Jan 2020 at 7:53 PM OPEN ARMS had just rescued 74 other people fleeing the Libyan hell, in international waters west of Tripoli, and they joined 44 other castaways on board the Catalan NGO (source: Scandura).

LE VITTIME

Name: ***
Surname: ***
Date of birth: ***
Phone number: ***
Url: ***
E–mail: ***
Document: he has a picture of an asylum application form – Case Num: xxx xxx xxx
Last known location: currently in ***, camp  ***
Notes: he can be recognised in a pushback picture

Name: ***
Surname: ***
Date of birth: ***
Phone number: ***
Url: ***
E–mail: ***
Document:
no longer has any paper documents – UNHCR xxx xx xxx xx
Last known location: ***
Notes: After the pushback, he spent about four months in prison. He was suffered various forms of violence, until he was able to pay to be released.
One day, he was taken to clean some warehouses in the headquarters of the Libyan militia (while being held at gunpoint), and he remained at this location to clean for about three weeks. After three weeks, he was able to flee the headquarters of the militia, they obviously tried to stop him with gunfire, but they were not successful.
A. reports that he tried to seek help from various organisations, but he was ignored and treated poorly, which made him distrustful towards all organisations.

Name: ***
Surname: ***
Date of birth: ***
Phone number: ***
Url: ***
E–mail: ***
Document: UNHCR xxx xx xxx xx
Last known location: Libya
Notes: ***

Name: ***
Surname: ***
Date of birth: ***
Phone number: ***
Url: ***
E–mail: ***
Document: UNHCR xxx xx xxx xx
Last known location: Libya
Notes: H. fled his country for safety reasons, because of his father. His older brother is dead, his mother is in prison and his younger sister is missing. He is currently still in ***, but he does not know what to do and he is afraid because he does not have any protection. He told all his problems to the commission without any result. He reports that, despite everything, he would do the trip again, but he does not have enough money. He would like to return to his country, but he knows that is life is in danger there.

Investigation Status

Preliminary investigations concluded.
Four people have been located by the JLProject team.
The legal team has made two separate access requests to Frontex.
A lawsuit against the Italian government is currently underway.