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Malta’s deadly non-assistance

A joint statement by Alarm Phone, MSF and Sea-Watch

Malta has once more neglected its legal obligations under the law of the sea and abandoned 14 persons in distress at sea resulting into one death. Civil society groups Alarm Phone, Médecins Sans Frontières/Doctors Without Borders (MSF) and Sea-Watch, all operating in the Central Mediterranean Sea, have documented blatant rights violations and are calling on Maltese authorities to put an end to Malta’s policy of systematically refusing to carry out rescue operations and deliberately putting lives at risk.

On the 22nd of June 2023, 14 people onboard a flimsy rubber boat sent a distress alert to the activist distress hotline Alarm Phone. They had left from Libya one day before and were adrift in the Maltese search and rescue region (SRR) after having run out of fuel. Malta - the responsible authority for that stretch of the sea - and Italy were immediately informed about the distress case. Yet more than 38 hours passed between the first distress alert and the rescue of the boat by the MSF rescue vessel Geo Barents. When the MSF ship arrived, people reported that one person had gone overboard and is believed to have drowned.

The timeline of the events as reconstructed by the civil society groups and the accounts of survivors collected on the MSF rescue ship suggest that Malta tried to avoid the arrival of the boat on its own shores by all possible means. Malta deliberately put the lives of the people at imminent risk not rescuing the people on board the dinghy, and instead, shifting the responsibility to the Italian authorities. As a consequence, one person went missing. In line with maritime conventions, the rescue coordination centre (RCC) in Malta is legally responsible for coordinating any rescue operations in the event of an emergency or accident within its search and rescue region. However, evidence collected by NGOs and survivor accounts suggest that over the course of three days, Malta not only repeatedly ignored distress calls but also instructed a merchant vessel that came to help not to take the people on board. Eventually, according to survivors’ testimonies, the Maltese authorities sent a patrol boat of the Armed Forces of Malta (AFM) twice to provide the distress boat with fuel so that it would continue its journey to Italy. Survivors onboard the Geo Barents told the MSF teams that they had desperately pleaded to be rescued, yet their calls for help were ignored.

Deadly consequence of Malta’s non-assistance: one person missing

Our reconstruction of the incident shows that Malta had already ignored the distress alert(s) concerning this boat for more than 9 hours, when on the morning of the 23rd of June, one person among the group went overboard and disappeared in front of their eyes. Survivors who were later rescued by Geo Barents, reported the dramatic events to the MSF crew:

“He went into the water, extended his hand, he grabbed the container, he wanted to come back but could not, because the waves were coming against him. Panic started onboard; the women started to scream. […] He was going down the water, and coming back up again, and we had a hard time seeing him.” (Survivor account collected on board the MSF rescue vessel Geo Barents)

“The waves were strong enough to push him away. And we did not have fuel to head towards him. I took the paddles and I tried to reach him with it, I almost fell into the water, I threw it to him so he could hold on with it and maybe get closer to us. We started moving the boat manually, we used the other 3 paddles and our hands, but we were moving nowhere, we were only turning ourselves around.

''The waves were strong enough to push him away. And we did not have fuel to head towards him.''

He was screaming for help; we threw him another empty gallon. But the distance was getting bigger. […] People were trying to turn on the motor, others trying to collect whatever possible of fuel even as much as a cup, others were trying to use their hands as a paddle. We really tried until he disappeared.” (Survivor account collected on board the MSF rescue vessel Geo Barents)

Upon being alerted about the person overboard, Alarm Phone immediately informed the Maltese and Italian authorities. However, none of them initiated a rescue operation, despite the obvious urgency. Furthermore Sea-Watch’s airplane, Seabird 2, also spotted an AFM patrol boat only 15 nautical miles away from the people in distress, heading towards Malta. The Maltese boat did not respond to any of Sea-Watch’s radio calls.

Malta instructing a merchant vessel not to rescue

Almost 24 hours after the first distress alert, a nearby merchant vessel, the MV LACONIA, altered its course and provided the people with drinking water and biscuits but did not rescue them. For approximately four hours, the merchant vessel waited for instructions from the Maltese authorities. During this time, the rubber boat was attached with ropes to the merchant vessel:

“They threw us ropes and they asked us to attach our boat with it. […] The ship gave us food and water. […] When I saw them taking away the stairs [the gangway], I told the people with me that I have a feeling that they will not take us with them. I do not know what they were discussing about, but every time we asked them for help or to take us onboard, they were replying ‘please wait, we are discussing’. Around 7, 8 pm we saw another boat approaching, we understood that the Maltese had arrived. The merchant vessel asked us to detach the boat and to give them back the ropes.” (Survivor account collected on board the MSF rescue vessel Geo Barents)

No rescue but instead, instructions to head to Italy

More than 28 hours after the initial distress alert, a Maltese patrol boat arrived on scene for the first time. According to the captain of the MV LACONIA, Malta released the merchant vessel. Instead of complying with their duties under maritime law, which would have been to take the 13 people on board its patrol boat disembarking and them in the nearest place of safety, Malta provided the dinghy with fuel and instructed it to head onwards to Italy:

“They threw us ropes and they asked us to attach our boat with it. […] The ship gave us food and water. […] When I saw them taking away the stairs [the gangway], I told the people with me that I have a feeling that they will not take us with them.''

“They gave us water, food, and three gallons of fuel. They told us: ‘You are 50km away from Italy. There is no need for us to help you. Continue on your own’.” (Survivor account collected on board the MSF rescue vessel Geo Barents) "Women were crying out for help; we really asked them multiple times for help, but they refused all our demands. ‘We do not need fuel, please help us, take us with you, please do not leave us in the middle of the sea’, we plead. ‘Please at least take the women, we emphasized’. But they refused all our demands." (Survivor account collected on board the MSF rescue vessel Geo Barents)

Survivors later reported to MSF teams that the AFM had come back a second time to provide them with additional fuel. Again, they refused survivors desperate calls to be rescued and left immediately after handing over fuel and water.

“I just want to tell the EU and the Maltese government, that if you would have saved us, Amin* could have been here with us. […] I cannot imagine the position of his family; they are all waiting for him." (Survivor account collected on board the MSF rescue vessel Geo Barents, *name changed by editors)

More than 38 hours after the first distress alert and facing the complete absence of state-led rescue efforts, MSF took the 13 people on board their rescue vessel.

Our calls: End Malta’s non-assistance policy and violations of its duties

Once more, Malta has blatantly violated its legal obligation to render assistance to people in distress at sea and thereby deliberately put the lives of 14 people at risk, resulting in one life being lost at sea. If Malta had acted according to its duty to render assistance and immediately had launched a rescue operation after being informed of people in distress, the life of a young man could have potentially been saved.

Over the past years, civilian SAR NGOs have witnessed in numerous cases how Malta is systematically disengaging from its rescue obligations in the Central Mediterranean, completely ignoring boats in distress, refusing to exchange or share any information with NGOs, instructing merchant vessels not to rescue the distressed at all or to rescue and disembark people in unsafe places or tampering with boats in distress instead of rescuing them. Thereby, Malta avoids having to engage in rescue operations themselves and prevents arrivals to Malta. Despite their limited resources, NGOs are trying to fill this shameful rescue void.

As organisations engaging in SAR activities at sea, we denounce Malta’s systematic neglect of people on the move in distress in the central Mediterranean Sea. European rescue coordination centers must fulfil their legal responsibilities and ensure the immediate rescue of people in distress at sea, with subsequent disembarkation in a place of safety in Europe. We call on Malta to end its blatant violation of maritime and international law. We ask the Maltese authorities to release any information they have regarding the distress case starting on 22 June 2023, which ultimately led to the death of one person and the denial of rescue of 13 other distressed people. We demand accountability of those who failed in complying with maritime and international law. We ask the Maltese authorities to finally end its policy of non-assistance and abandonment.

Below a detailed summary and reconstruction of the key events between 22 and 26 June 2023:

22nd June 2023

14:28 UTC The initiative Alarm phone is called by persons in distress in the Maltese SAR zone.

14:42 UTC The Alarm Phone sends an email to inform the Maltese and Italian authorities about the boat in distress. The persons are on board a rubber boat.

15:45 UTC & 18:06 UTC The Alarm Phone shares an update with the Italian and Maltese authorities. The people in distress reported that they had no fuel left. 

20:34 UTC The Alarm Phone informs the Italian and Maltese authorities that a merchant vessel, the WONDER AVIOR, is heading directly towards the persons, and requests the RCC Malta and MRCC Rome to instruct the persons in charge to head directly to the boat in distress and assist them.

23:43 UTC The Alarm Phone shares an update with the Italian and Maltese authorities.

23th June 2023

02:12 UTC The Alarm Phone shares an update with the Italian and Maltese authorities.

03:27 UTC The Alarm Phone shares an update with the Italian and Maltese authorities. They report that persons run out of food and water.

06:21 UTC The Alarm Phone shares an update with the Italian and Maltese authorities.

07:35 UTC The Alarm Phone shares an update with the Italian and Maltese authorities. They report that there are 2 sick persons on board, who cannot get up anymore, and that the boat is drifting.

08:30 UTC According to open-source data, Italian Air Force aircraft is at the last known position of the boat in distress.

09:03 UTC The Alarm Phone shares an update with the Italian and Maltese authorities. The boat is strongly drifting away from closest land. The Alarm Phone reports that the people in distress are really sick.

10:18 UTC The Alarm Phone shares an updated position with the Italian and Maltese authorities. 

10:40 UTC The persons in distress call the Alarm Phone and report that one person is in the water.

10:46 UTC The Alarm Phone calls the Maltese authorities, who hang up immediately.

10:50 UTC The Alarm Phone calls the Italian Maritime Rescue Coordination Centre, which takes the information.

10:53 UTC The persons in distress exchange with the Alarm Phone and report that they have lost eye contact with the person in the water.

From this moment on, one person is missing.                              

10:58 UTC The Alarm Phone shares an update with the Italian and Maltese authorities and informs them that one person went overboard.

11:49 UTC Sea-Watch's aircraft Seabird 2 crew has a visual on the persons in distress onboard a white rubber boat, some people are wearing life vests, no other life-saving equipment. The persons are waving. There is no person in the water visible.

12:00 UTC Seabird 2 has visual on the Armed Forces of Malta's patrol boat P51 in position 35°08'N, 015°30' E, heading towards Malta. The patrol boat is only 15 nautical miles away from the people in distress. Seabird 2 tries to call them, unsuccessfully.

12:02 UTC Seabird 2 keeps trying to call the patrol boat on the radio, channel 16, no response. Seabird 2 informs the Armed Forces of Malta’s patrol boat about the boat in distress but the vessel does not respond.

12:08 UTC Seabird 2 sends out a "mayday relay" on the radio regarding the boat in distress. The coastal station “Augusta Radio” acknowledges and states that they will inform the maritime authorities. Seabird 2 informs Augusta Radio about the non-assistance by the Armed Forces of Malta, patrol boat 51.

12:20 UTC Seabird 2 contacts the merchant vessel LACONIA and informs them about the boat in distress. They confirmed receiving the information.

12:22 UTC The Alarm Phone calls the Italian MRCC and informs them again that there is a person in the water, officer tells the Alarm Phone to call Malta.

12:25 UTC The captain of the merchant vessel LACONIA contacts Seabird 2 on the radio, on channel 16 and confirms that they will alter course and check on the boat in distress.

12:30 UTC Sea-Watch's ground crew informs the Italian and Maltese authorities via email about the people in distress.

12:40 UTC Sea-Watch's aircraft Seabird 2 contacts the Armed Forces of Malta's patrol boat P51 again on the radio, channel 16, requesting again their support, no answer.

12:44 UTC The Alarm Phone informs the authorities via email that one person fell in the water, shares and updated position and alerts that the situation is more than critical.

12:54 UTC Sea-Watch's ground crew unsuccessfully calls the Maltese Rescue Coordination Centre several times - no one answers the phone.

14:17 UTC Sea-Watch's ground crew updates the Italian and Maltese authorities and informs them about the non-assistance by the Patrol Vessel of the Armed Forces of Malta and that the merchant vessel LACONIA is in the vicinity and heading to the distress case via email

14:20 UTC Seabird's aircrew has visual on the people in the same position. The people are waving and looking very exhausted. The merchant vessel LACONIA is close by.

14:27 UTC The merchant vessel LACONIA confirms to Seabird that they have visual on the people in distress.

14:40 UTC Sea-Watch's ground crew calls the Maltese authorities. The officer on the phone states: "you are keeping my line busy this is a rescue coordination centre" and hungs up. The ground crew unsuccessfully calls again two times, the officer did not respond.

14:50 UTC The merchant vessel LACONIA hands ropes to the people, getting the boat alongside on their Portside.

15:12 UTC Seabird's aircrew calls the merchant vessel LACONIA on the radio, on channel 16 and requests their intentions. The merchant vessel states that they are in contact with the Maltese authorities and standing by for instructions. Furthermore, they confirmed that they handed out food and water.

15:22 UTC Sea-Watch's ground crew calls the Italian Maritime Rescue Coordination Centre regarding the boat in distress, and after identifying as Seabird, the officer states to call back in 30 min and hangs up.

15:46 UTC Seabird's aircrew informs the merchant vessel LACONIA that the aircraft has to leave scene. Before leaving, the aircrew urges them again to rescue the people in distress. The merchant vessel responds that they are standing by for the Maltese Rescue Coordination Centre. 

16:01 UTC Sea-Watch's ground crew calls the master of merchant vessel LACONIA: he is on scene and waiting for instructions from the Maltese Rescue Coordination Centre. He states that Malta told him that they were not aware of any distress case. The ground crew informs him that they wrote two emails regarding the distress case to RCC Malta. Sea-Watch’s ground crew then forwarded the emails that were sent to RCC Malta to the Captain.

16:52 UTC Sea-Watch's ground crew call the Italian Maritime Rescue Coordination Centre: the officer states that they have received information about this boat in distress but refuses to share information about any rescue intentions, Italian officer on duty says "we need information but we don't give you information".

16:57 UTC The Alarm Phone exchanges with the persons in distress:  these are still in their unseaworthy boat, the merchant vessel LACONIA, which gave them water and biscuits, stands by.

19:48 UTC Sea-Watch's ground crew calls the merchant vessel LACONIA: the captain states that a "speed boat" came, identified as Malta and released them. They could not see the mothership. The merchant vessel proceeds their journey.

20:34 UTC The Alarm Phone calls the merchant vessel LACONIA: the captain reports that the Maltese rescue coordination centre released them from their assistance and took the people from the boat. Which will later turn out to be not true.

24th June 2023

00:56 UTC The Alarm Phone updates the authorities via email, sharing a position and informing that the people are still in danger on their unseaworthy boat and asking for urgent help.

01:43 UTC The Alarm Phone shares a new position, with the authorities. The people are urgently asking for help, the weather is bad and there are very big waves around them.

02:20 UTC MSF rescue vessel GEO BARENTS sends an email to the authorities with the Alarm Phone in copy, informing that GEO BARENTS altered course heading to the last known position, asking the authorities for updates and instructions.

04:13 UTC The Alarm Phone sends another email to the authorities, sharing an updated position, and urging to launch a rescue operation.

04:29 UTC GEO BARENTS sends an email to the authorities informing that the vessel is in transit to the indicated distress position 35°51' N - 015°37' E, indicating the estimated time of arrival to this last known position for 05:45 UTC, asking the authorities for updates and instructions. 

05:31 UTC The Alarm Phone sends an email with the updated position, flagging that people are urgently asking for help and that the wind is strong and weather is very bad.

05:46 UTC The GEO BARENTS has a visual on the persons in distress. The GEO BARENTS sends an email to RCC Malta informing them about having a visual contact on the boat in distress and their intentions to assess the situation. GEO BARENTS requests the authorities for updates and instructions. 

05:54 UTC GEO BARENTS fast boats are launched to start the assessment. GEO BARENTS sends an email to RCC Malta, informing about the situation and that situation onboard the distress boat has been assessed as highly dangerous for the people on board. Rescue is launched.

06:28 UTC Rescue completed.

06:31 UTC The GEO BARENTS informs RCC Malta in an email that the rescue is completed at position 35°39.1΄ N - 015°42΄ E, at 6:28 UTC.

07:45 UTC The GEO BARENTS is in position 35°39.1΄ N - 015°42΄ E, sends an email to RCC Malta with details on the rescue including Situation Report and the request for the assignment of a Place of Safety.

07:57 UTC GEO BARENTS receives an email by the Italian authorities, assigning La Spezia as Place of Safety, around 600 nautical miles away from the location of the rescue.