| status | Evidence Ready |
| name | V_SAR Op 14.07.20 |
| date | 2020-07-14 |
| number_of_people | 86 |
| victims_found | some |
| patrol_boat | Ras el Jadir 648 |
| prison | Al Zawiya |
| related_icao | MM62208 |
| link | https://twitter.com/rgowans/status/1283085313796182027 |
Crimes of Malta Case n. 4
Summary:
Punishable pushback directed by a Maltese military aircraft.
The case was added by SeaWatch to the “Crimes of Malta” list as case n. 4. https://sea-watch.org/en/crimes-of-malta-04/
Moonbird, the SeaWatch aircraft, listened to and probably recorded a European military aircraft (believed to be Maltese) that directed a pushback from the sky, calling and guiding the Libyan patrol boat Ras El Jadir 648 to capture the refugees.
We were unable to track the air route of the Maltese aircraft because Maltese military flights do not appear on public flight trackers.
JLProject has found 2 pushback victims and is currently looking for the others. The pushback victims are both Sudanese citizens. One of them is in Niger, the other one is in Sfax, Tunisia. Both people reported that a light-coloured aircraft repeatedly flew over their dinghy. According to their testimony, the aircraft arrived many hours before the Libyans. The victims state that they did NOT call for rescue.
The pushback victims can be seen in a picture of the disembarking at Tripoli that was published by IOM on Twitter at the following link https://twitter.com/IOM_Libya/status/1283129105152651274?t=CtXO-P8OPXhblEUkA7gC0w&s=19
The case is reported by both IOM and the Libyans with the following common details: dinghy, 86 people, including 18 minors.
twitter.com/IOM_Libya/status/1283129105152651274?s=20
Link https://twitter.com/rgowans/status/1283134526387113994?s=20
Because of these Tweets and the testimonies, we have further details:
Grey dinghy with 86 people, including 18 minors. All men. Nationalities: Egypt 2 and Sudan 84.
Intercepted at night off the coast of Garabulli by the patrol boat Ras El Jadir 648.
Disembarked at night in Tripoli.
COLLECTED PHOTOGRAPHIC MATERIAL:
- DV (Libyans) picture https://twitter.com/rgowans/status/1283118760522657794?s=20
- IOM picture https://twitter.com/IOM_Libya/status/1283129105152651274?t=CtXO-P8OPXhblEUkA7gC0w&s=19
- UNHCR picture https://twitter.com/UNHCRLibya/status/1283121840102223873?s=19
Intercepted communication between the Frontex aircraft and the Libyan patrol boat Ras El Jadir 648
By chance, the Moonbird crew listened to an aircraft repeatedly contacting the patrol boat “Ras El Jadir 648” of the so-called Libyan coast guard. Judging by the accent and use of language, they are believed to be Maltese pilots.
First, the Maltese aircraft orders the so-called Libyan coast guard to head north (“Go north, go north, turn 360 [degrees]!”). It continues to guide the patrol boat to capture the refugees by giving further information “7 miles, more to the north!”. It says: “Follow, follow”, “Go, go”. The aircraft urges the patrol boat to quickly head towards the rescue point.
Later, the patrol boat Ras El Jadir 648 asks the Maltese aircraft “Are you with me?”. The aircraft confirms that it will continue to assist: “I’ll stay with you, I’ll stay with you, no problem, no problem!”.
Sources: https://sea-watch.org/en/crimes-of-malta-04/ and the report https://www.ohchr.org/sites/default/files/Documents/Issues/Migration/pushback/Sea-Watch_Submission.pdf, which describes the case as follows:
On 14.07.2020, Moonbird overheard an aircraft calling the scLYCG patrol boat Ras Jadar several times on the radio, requesting them to “go north, go north, turn 360 [degrees]!”. In another communication, the aircraft requested that the scLYCG proceed “7 miles” more to the north, “follow follow”, “go go”. Later, the patrol boat asked “Are you with me?” which was confirmed by the aircraft stating “I’ll stay with you, I’ll stay with you, no problem, no problem!”.
Based on the accent and phrases used, Sea-Watch assumes that the aircraft was a Maltese one. This incident coincides with reports of around 86 persons being pulled back to Libya.
Operation Themis
In the JORA database there is a Themis operation dated 14 July 2020. It could be this case.
| IncidentID | 126816 |
| IncidentNumber | 409459 |
| IncidentStatus | Accepted |
| OperationName | Themis 2020 |
| OperationStatus | Inactive |
| OperationSectorType | SEA |
| PrimaryIncidentType | Prevention of departure |
| SAR | No |
| DetectionByFrxAsset | Yes |
| InterceptionByFrxAsset | No |
| OtherFrontexAssetInvolvement | No |
| FrontexInvolvement | Yes |
| ReportingCountry | Italy |
| DetectionDate | 2020-07-14T00:00:00 |
| InterceptionDate | 2020-07-14T00:00:00 |
| ReportingDate | 2020-07-15T00:00:00 |
| CountryOfDeparture | Libya |
| DetectionInitiatedBy | MAS |
| Disembarkation | Tripoli |
| TransportType | wooden boat |
| GroupedOperationName | Themis |
| num_l_MigrantsDeterred | 75 |
Two of the pieces of data do not correspond to this case, but there might be a simple explanation for this:
- the number of intercepted people (75 instead of 86) was recorded in JORA on 15 July (ReportingDate 2020-07-15T00:00:00), that is AFTER some refugees escaped.
- In the JORA database, dinghies are often incorrectly described as wooden boats. This happens because people sit on the inflatable rubber tubes of dinghies. The Frontex aircrafts and drones do not see the inflatable rubber tube from above and do not understand that it is a dinghy.
The rest of the data in JORA corresponds to this case: the interception of an aircraft (Maritime Aerial Surveillance – MAS), the disembarkment in Tripoli.
Accessing Frontex documents would be useful to connect this case to Themis operation n. 126816 / 409459.
CASE TIMELINE
IMPORTANT: Moonbird, the SeaWatch aircraft, was NOT on the scene, it only listened and did not fly over. Therefore, the light-coloured aircraft seen by the pushback victims was NOT Moonbird.
13 July 2020 – 21 UTC approximately (23:00 CAT): The grey dinghy, measuring about 10 meters long, sets sail from Garabulli. There are 86 people in total, all male: 2 from Egypt and 84 from South Sudan and Sudan.
They travel all night.
14 July 2020 – 04:10 UTC (6:10 CAT): Sunrise in Tripoli.
05:00 UTC approximately (07:00 CAT): From the dinghy, the refugees see a light-coloured aircraft flying over them. It could be the Maltese aircraft.
12:57 UCT: The crew of Moonbird, the SeaWatch aircraft, listens to a radio communication in which an aircraft identifies itself as an aircraft of the Armed Forces of Malta (AFM) and informs the Maltese Rescue Coordination Centre (RCC Malta) that it is changing its rescue zone. It communicates that it is operating around the IFR waypoint Varig[DH1] (34°20.00N, 13°43.50E) (Sources: https://blogs.taz.de/finiskleinerlieferservice/2020/10/06/i-will-stay-with-you-no-problem/ and Sea Watch Airborne).
Approximately 13:28 UTC: Moonbird, the SeaWatch aircraft, is approaching the Lampedusa airport with almost empty tanks after a mission. Neeske Backmann (Tactical Coordinator and mission head of Moonbird operations) listens to another radio message from the previous Maltese pilot. Now, the Maltese aircraft is communicating with the Libyan patrol boat Ras El Jadir 648. The aircraft guides the patrol boat towards a dinghy fleeing from Libya: “Go north, go north! Turn 360 degrees!” The tone and urgency of the radio message alarm Neeske. (Source: Airborne)
From 09:10 UTC to 10:30 UTC: The Italian Coast Guard aircraft ATR42 MM62208 “Manta” (AIS MMSI SAR 111247102), which took off from Pescara, patrols the south Maltese SAR south of Lampedusa. During this time, it spots a target and flies over it. (Source: Scandura https://twitter.com/scandura/status/1283048928611569674?s=20)
JLPROJECT ANALYSIS
The team of JLProject believes that the Maltese Aircraft, which directed the pushback, flew over the dinghy.
It cannot be excluded that the Italian aircraft flew over the dinghy, because there is a compatible air route. However, in the same time frame, there was another case in that area: https://watchthemed.net/reports/view/1585/.
On 14 July 2020, all Frontex spy aircrafts and drones that usually patrol the Libyan SAR were elsewhere. Osprey3 was flying towards the United Kingdom, probably for maintenance. Osprey2 was in England for maintenance. Eagle1 was in England.
The dinghy continues its navigation for several more hours.
11-12 UTC (13:00/14:00 CAT): The white aircraft persistently flies over the dinghy again.
From the dinghy, the refugees see the aircraft that was flying over them leaving the scene.
13:35 UTC: Moonbird, the SeaWatch aircraft, intercepts another communication between the Maltese aircraft and the Libyan patrol boat Ras El Jadir 648. The patrol boat asks the Maltese aircraft “Are you with me?”. The aircraft confirms that it will continue to assist it: “I’ll stay with you, I’ll stay with you, no problem, no problem!”. (Source: Airborne)
After 13:35 UTC, the patrol boat Ras El Jadir 648 arrives near the dinghy.
Interception: The sailors of Ras El Jadir 648 throw a rope towards the dinghy, which stops. The 86 refugees were transferred from the dinghy to the Libyan patrol boat.
The Libyans set the dinghy on fire (Source: testimonies).
The Libyan patrol boat Ras El Jadir 648 heads towards Tripoli.
18:15 UTC (20:15 CAT): Sunset in Tripoli.
From 19:17 to 19:31 UTC (21:17-21:31 CAT): disembarkation in Tripoli. The Libyan patrol boat Ras El Jadir 648 arrives in Tripoli, at the old port.
The time of the disembarkation was deduced through the following data: 1) At 19:31 UTC (21:31 CAT) UNHCR posted the photos of the disembarkment on Twitter. 2) a picture shows that there is still a portion of light-coloured sky. On 14 July 2020, the sunset in Tripoli was at 20:15 CAT. The astronomical evening dusk was from 21:17 to 21:54 CAT.
19:31 UTC (21:31 CAT)
UNHCR posted the pictures of the disembarkation.
https://x.com/UNHCRLibya/status/1283121840102223873?s=19
At the port, the refugees find UNHCR and IOM who provide assistance and medical care to those who need it (Source: testimonies).
The 86 people were in poor conditions: PersonA, for example, has difficulty breathing due to the dinghy’s petrol and has wounds caused by the mixture of water and gasoline. His friend, PersonAAT has a wounded leg and is assisted by IOM.
(source https://twitter.com/IOM_Libya/status/1283129105152651274?t=CtXO-P8OPXhblEUkA7gC0w&s=19).
Caroline Gluck, the head of UNHCR at that time, also provides testimony of the pushback. Link https://twitter.com/carogluck/status/1283130305562529794?s=20
After disembarking, some of the 86 people tried to flee and the Libyan authorities started shooting to attempt stopping them. Some of them were able to flee. (Source: testimonies)
The next morning, on 15 July 2020, the pushback victims who were not able to flee were taken to prison in Al Zawiya.
PersonA stays in prison for approximately 10 days. He leaves Al Zawiya on 23 July 2020.
Status of the investigations
Preliminary investigations concluded.
JLProject has traced two of the pushed-back persons.
The issue with this push-back is that it is one of the rare cases where the direction did not come from the Italian government, but from Malta. Filing a lawsuit against the Maltese government in a Maltese court is currently not a viable option, given the state of the Maltese judicial system. We are therefore looking for someone to bring this case before an impartial European court. It is not an easy task.
The JLP has further information and documents on the case. Interested lawyers can request them.
The English version of this dossier was translated by IN.TRA (Inclusive Translation for Community Engagement), a pro-bono language services provider as part of a service-learning project within the Department of Interpreting and Translation (DIT) at the University of Bologna.