OPERATION - 20-30 Sept. 2018

Read the whole report about this operation here.

The survey has been completed, leading Aquarius to set sail in fulfillment of Panama’s regulation requirements. The official name of Aquarius is now “Aquarius 2” as “Aquarius” was already taken in the Panama register.

Aquarius leaves the port of Marseille after an extended port call.

Aquarius is currently sailing off the western coast of Sardinia, Heading south at a speed of 9.6 knots. Current position is 41°05.26′ N, 006°40.00′ E.

Course: 155°

Wind: 5-10 knots

Swell: 0.5

Sea state: 2

Aquarius stops at position 40°33.70 N, 6°59.82 E to conduct drills at sea. RHIBs Easy 1 and Easy 2 are launched off starboard side of the ship. Bananas and rafts are deployed for practice exercices.

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Aquarius goes to three engines, increasing speed to arrive as fast as possible in the Libyan SRR.

Aquarius is sailing towards the strait of Sicily at a speed of 10.8 knots. Aquarius’ current position is 38°04.7′ N, 9°39.79 E.

• Course over Ground (COG): 119
• Wind: 10 knots
• Waves: 1 meter
• Swell: 1.2
• Sea state: 3

Aquarius receives call from Colibri. Colibri requests Aquarius’ position, Course and speed.

Aquarius enters the Libyan Search and Rescue Region (SRR), in International waters. Aquarius’ current position is 34°20.4930′ N, 12°09.0280′ E.

On 27^th June 2018, coordinates of the Libyan JRCC were uploaded on the GISIS, thereby legitimizing the coordination of rescues by this JRCC in the Libyan SRR.

From now on, according to the global SAR plan and the SAR Convention, any SAR case is under the responsibility of the Libyan Joint Rescue Coordination Center (JRCC).

The responsibilities of a Rescue Coordination Centre (RCC) are:

• To coordinate rescues on a 24-hour basis;
• To provide a place of safety for survivors or ensure that such a place of safety is provided;
• To arrange disembarkation as soon as reasonably practicable.

According to Maritime conventions and resolutions,

• Upon the declaration of a distress phase, a RCC shall initiate “search and rescue operations when the position of the search object is unknown” (SAR Convention, art. 4.5.4).
• As soon as the RCC responsible for a SRR in which assistance is needed is informed about a distress situation, it “should immediately accept responsibility for coordinating the rescue efforts” (MSC.167(78), art 6.7).
• RCCs “should be prepared to act quickly on their own, or have processes in place, as necessary, to involve other authorities, so that timely decisions can be reached with regard to handling of survivors” (MSC.167(78), art 6.4).
• A RCC “should make every effort to minimize the time survivors remain on board the assisting ship” (MSC.167(78), art 6.8).
• A RCC “shall have available up-to-date information especially concerning search and rescue facilities and available communications relevant to search and rescue operations in its area” (SAR Convention, art 4.2.1).

Upon entering the Libyan Search and Rescue Region, Aquarius sends a notice to the Libyan JRCC, informing of the vessel’s readiness to conduct SAR operations. Italian MRCC, Maltese MRCC, Tunisian MRCC and EUNAVFOR MED are also informed. Aquarius additionally provides the vessel’s technical specifications.

“MV AQUARIUS declares readiness for SAR operations in the Central Mediterranean Sea, south of Lampedusa and Malta, outside of Libyan territorial waters.

Actual position: 34-13.0N 012-10.6

Proceeding with Course 170 speed 10.7 kts towards patrol area ca. 25 NM off Libyan coast between Long. of Zuwarah and Zawiya”

Aquarius halts navigation at position 34°07.11 N, 12°11.93 E. RHIBs Easy 1, Easy 2 and Easy 3 are launched and mass flotation devices are used in a practice rescue operation.

Easy 1, Easy 2 and Easy 3 recovered, Aquarius resumes its voyage towards the patrol area, ca. 30 NM off the Libyan coast.

Colibri calls Aquarius via radio to inform they will be proceeding East of Aquarius’ position for their patrol. Aquarius’ position is 33°29.5820′ N 11°53.4730′ E.

Aquarius is Patrolling in International waters north of Abu Kammash at a speed of 4 knots, approximately 24 Nautical Miles from the coast of Libya. Current position is 33°29.90’ N, 11°51.94’ E.

• Course over ground (COG): 103°
• Wind: 5-10 knots
• Waves: 1 meter
• Sea state: 2

Airplane Colibri calls Aquarius by radio to inform of the end of their patrol. Aquarius’ position is 33°21’6 N, 012°12’9 E.

Aquarius spots a potential Target at position 33°28.6’ N, 011°58.1’ E

Aquarius confirms distress case of a small fiber glass boat Heading north at a position of 33°32.9′ N, 011°58.1′ E as boat can be seen bailing out water.

The obligation to render assistance to persons in distress at sea is set in UNCLOS Art. 98: “Every State shall require the master of a ship flying its flag, in so far as he can do so without serious danger to the ship, the crew or the passengers:

a. to render assistance to any person found at sea in danger of being lost;

b. to proceed with all possible speed to the rescue of persons in distress, if informed of their need of assistance, in so far as
such action may reasonably be expected of him.

It is repeated in the SOLAS Convention, Chapter V, regulation 33-1: ”The master of a ship at sea which is in a position to be able to provide assistance on receiving information from any source that persons are in distress at sea, is bound to proceed with all speed to their assistance, if possible informing them or the search and rescue service that the ship is doing so. This obligation to provide assistance applies regardless of the nationality or status of such persons or the circumstances in which they are found”.

The IMO Resolution MSC.167(78) also outlines such an obligation to render assistance, resting upon all vessels : “All persons in distress at sea should be assisted without delay.” “Prompt assistance provided by ships at sea is an essential element of global SAR services; therefore it must remain a top priority for shipmasters, shipping companies and flag States”.

According to the SAR Convention (1979), all information concerning a vessel in distress will be forwarded to the rescue co-ordination center concerned.

Chapter 4: Operating procedures

4.2.3 Any authority or element of the search and rescue service having reason to believe that a person, a vessel or other craft is in a state of emergency shall forward as soon as possible all available information to the rescue co-ordination centre or rescue sub-centre concerned.

According to the SOLAS Convention search and rescue units should proceed immediately to the distress event and inform the relevant rescue co-ordination centre.

Chapter V

Regulation 33: “Any search and rescue unit receiving information of a distress incident shall initially take immediate
action if in the position to assist and shall, in any case without delay, notify the rescue co-ordination centre or rescue
subcentre in whose area the incident has occurred”.

Aquarius contacts ITMRCC informing about rescue operation and JRCC non-response

Aquarius sends PAN-PAN message to all ships on VHF Channel 16 regarding rescue of a small fiber glass boat and provides position.

Aquarius sends email to Libyan JRCC, ITMRCC, Maltese RCC and MRCC Tunisia informing about rescue operation

“While Patrolling M/V Aquarius2 investigated a boat in position 33-28.6N 011-58.1Eat  0600Z. I am reporting to you that the situation is assessed as highly dangerous for the people on board.

• It is a small white boat fiber glass boat with approximately 10 people on board.

I have every reason to believe that the distress phase exists, because the Target is an unseaworthy boat, without any life-saving appliance such as lifejacket or Liferaft. According to the sailing conditions and the weather conditions, I have every reason to believe that the people in distress are already weak, sick and potentially injured.

I am currently deploying the fast rescue crafts.

As per the UNCLOS, SOLAS and SAR Conventions, I therefore inform you that M/V Aquarius 2 will provide immediate assistance to these people in distress and rescue them without delay. My ship has the capacity to recover all of the people, to provide medical care and to transfer them to a place of safety in a reasonable period of time.

I will keep you informed as soon as I have more information.”

According to the SAR Convention (1979), all information concerning a vessel in distress will be forwarded to the rescue co-ordination center concerned.

Chapter 4: Operating procedures

4.2.3 Any authority or element of the search and rescue service having reason to believe that a person, a vessel or other craft is in a state of emergency shall forward as soon as possible all available information to the rescue co-ordination centre or rescue sub-centre concerned.

According to the SOLAS Convention search and rescue units should proceed immediately to the distress event and inform the relevant rescue co-ordination centre.

Chapter V

Regulation 33: “Any search and rescue unit receiving information of a distress incident shall initially take immediate
action if in the position to assist and shall, in any case without delay, notify the rescue co-ordination centre or rescue
subcentre in whose area the incident has occurred”.

Rescue operation of 11 people completed and small fiber glass boat is marked as “SAR”.

Aquarius informs ITMRCC via email of the completion of the rescue of 11 people. Aquairus informs ITMRCC that it tried to contact JRCC Tripoli via email, phone and VHF but received no reply.

According to IMO Resolution MSC.167 (78) it is the responsibility of the shipmaster to keep the RCC informed about the advancement of the rescue: “shipmasters should […] keep the RCC informed about conditions, assistance needed, and actions taken or planned for the survivors”.

Libyan JRCC assumes coordination of SAR event in email to Aquarius and orders Aquarius to procede to transfer all rescued people to Libyan Coast Guard patrol boat.

“As Libyan authority I assume coordination of event in subject.

I will intervene with a patrol boat, in order to take immigrants. I order to you to sail along coastline to Zawia for a rendez vous  with a patrol boat, in PSN 33°00N 012°40E

Regards”

Aquarius informs Libyan JRCC, ITMRCC and RCC Malta by email that it cannot proceed to transfer due to Libyan ports not conforming to the definition of places of safety.

“Dear Sir,

Please be informed that following the assessment of the situation, and because of the necessity to provide immediate assistance without delay to the people in distress, I have performed the rescue of the SAR Case. I am currently Patrolling with [11] survivors on board, under medical care. Most of the survivors are physically or mentally deeply traumatized.

Libyan Coast Guard requested us to transfer the survivors to their vessel to bring them to a Libyan port. I have all the reason to believe that none of the Libyan ports are a place of safety for the survivors. I also have all reason to believe that a transfer operation would jeopardize the safety of the rescued people and my crew because of a risk of panic.

Therefore, as per the SAR Convention we cannot and should not transfer rescued people to Libyan Coast Guard and I request you to help to provide us a place of safety for disembarking the survivors of the SAR Case within a reasonable time.

My ship has the capacity to provide adequate medical and humanitarian care to the survivors.

I consider this situation as a security threat for my crew, my ship and the survivors. I have tried to contact JRCC by phone but have had no reply.”

After the rescue, survivors must be disembarked in a place of safety as outlined by the SOLAS convention, regulation 33-4 : “The contracting Government responsible for the SAR Region in which such assistance is rendered shall exercise primary responsibility for ensuring such coordination and cooperation occurs, so that survivors assisted are disembarked from the assisting ship and delivered to a place of safety, taking in account the particular circumstances of the case and guidelines developed by the Organization. In these cases, the relevant Contracting Governments shall arrange for such disembarkation to be effected as soon as reasonably practicable”.

A place of safety must be a place where survivors’ fundemental needs and rights are met, according to IMO Resolution MSC.167 (78): “A place of safety (as referred to in the Annex to the 1979 SAR Convention, paragraph 1.3.2) is a location where rescue operations are considered to terminate. It is also a place where the survivors’ safety of life is no longer threatened and where their basic human needs (such as food, Shelter and medical needs) can be met”. “The need to avoid disembarkation in territories where the lives and freedoms of those alleging a well-founded fear of persecution would be threatened is a consideration in the case of asylum-seekers and refugees recovered at sea”.

Libyan JRCC answers Aquarius by email and requests that Aquarius contact another MRCC or its Flag state.

“Dear Sir,

Following your email, where you assess that “none of the Libyan ports are a place of safety for the survivors”, and considered that you don’t want to cooperate with Libyan Coast Guard, as Authority coordinating SAR operation in area.

Considering, also, that we don’t received a distress call, but you took these people, independently without any order from LCG.

Now I kindly suggest to you to contact another MRCC or your Flag state.

Regards”

Aquarius confirms good receipt of Libyan JRCC’s previous message and informs it will contact other competent authorities to request a place of safety. Aquarius reasserts that it attempted to establish contact with JRCC by several means before launching rescue operation.

“Dear Sirs,

Your last email is well noted and we will contact other competent authorities. As per our other emails we did try to inform JRCC Tripoli about the boat in distress, via phone, email and VHF (see the attached SITREP) but we were unable to establish contact. For the safety of everyone on the fibreglass boat we carried out a rescue immediately as per maritime law in order to prevent loss of life at sea. For the time being, we will remain in the area in International waters and continue to inform this RCC about any SAR activity, as the competent maritime authority for the region. We are awaiting a place of safety.  Any assistance that JRCC Tripoli can offer in facilitating quick disembarkation for the recued people in a place of safety is appreciated.”

Aquarius requests place of safety to ITMRCC and RCC Malta.

“Dear Sirs,

Aquarius 2 would like to request a place of safety for the disembarkation of the 11 rescued people from today’s rescue in the Libyan SRR.  This RCC has been in copy of all the emails between JRCC Libya , Aquarius 2, and I am sure you are aware that JRCC Libya has asked Aquarius 2 to contact another MRCC to provide assistance.  I thank you in advance for any assistance you can provide in finding a solution for a prompt disembarkation at a place of safety.

Best Regards”

The Italian MRCC responds to Aquarius via email that it will not provide a place of safety.

“Good evening,

following your e-mail below reported, be advised that Italian Authority will not provide PoS in Italy because the SAR case was not coordinated by Italian MRCC.”  

Aquarius is currently Patrolling in International waters, in the Libyan Search and Rescue Region north of Sabratah and Heading towards the west. Aquarius’ speed is of 8 knots and its position is 33°15’85 N, 012°25’26 E.

• Course over Ground (COG): 291°
• Wind: 10 knots
• Waves: 0.8 metre
• Sea Scale: 2

Colibri calls Aquarius on VHF Channel 16 informing of the end of their patrol

“Dear Sirs,

Please be informed that the Aquarius 2 conducted a SAR event within the Libyan SRR two days ago on the 20^th of September. Initially, after identifying a boat in distress we tried to contact the JRCC Libya via phone, VHF and email without success. The first and only RCC that responded prior and during the rescue was the Italian MRCC. They informed us that they would refuse coordination and would contact the Libyan authorities leaving the Aquarius 2 without help. Later and shortly after the call with the Italian maritime authorities, the Aquarius 2 received an email from the Libyan Navy Coast Guard requesting that we rendezvous bordering Libyan territorial waters with a patrol boat to disembark the 11 survivors on-board. This would clearly have meant the return of these people to Libya. Considering the determinations of multiple international bodies Libya cannot be considered as a place of safety (PoS). In response to this information, the Libyan Navy Coast Guard kindly suggested that we contact other MRCCs.

In the Interim, Malta has informed us “that it is neither the appropriate nor the competent authority to provide [the survivors on the Aquarius] with a place of safety.” The last communication with the IMRCC stated that: “Italian authorities will not provide PoS in Italy because the SAR case was not coordinated by the Italian MRCC.” As you know in your expertise, from the IMO annex 34 adopted in 2004 other RCCs are to be contacted for assistance if difficulties arise. Although it is the responsibility of an RCC to either ensure the prompt provision of a PoS or involve other authorities, we are concerned that you may not have been contacted. In light of this concern, we felt it advisable to share these troubling events with you and seek guidance in your roles as competent RCCs.

See attached the full situation report and details regarding the rescue. Further information can also be gathered at onboard-aquarius.org.

The situation on board is stable for the time being and our medical team (2 doctors, 2 nurses and 1 midwife) continue to treat the 11 survivors. While waiting for a PoS we remain in International waters and will continue to respond if any maritime distress situation occurs in full respect of international maritime law.

Please acknowledge receipt of this email at your earliest convenience.

Best regards,”

Aquarius receives Iridium phone call from NGO Alarm Phone, speaking of a wooden boat carrying approximately 50 people Heading North from Zuwara, including 20 women, taking on water. The boat is reportedly in position 33°05’0N, 012°12’5 E. Aquarius is in position 33°36’3 N, 011°57’5 E.

Aquarius informs ITMRCC of the call from Alarm Phone signaling the distress case of a wooden boat containing approx. 50 people. The boat is 30 NM miles south of Aquarius. Aquarius gives ITMRCC its current position 33°36.1N, 011°57.6E. Aquarius informs it has tried contacting JRCC Tripoli, Interim 24h. ITMRCC says it will contact the Libyan Coast Guard and asks Aquarius to contact the Libyan authorities again.

Call to ITMRCC, informing that Aquarius still has not managed to establish contact with JRCC Tripoli. ITMRCC informs that Aquarius can contact ‘Patrol boat Al Khifa’ for instructions on how to proceed. Aquarius confirms receipt of information and indicates it will continue informing ITMRCC until Libyan authorities take coordination of the event.

Aquarius calls ITMRCC and informs about JRCC Tripoli not responding. ITMRCC replies : “I can only confirm to you that Patrol boat Al Khifa is proceeding to the position of the migrants. You have to try again to contact them on VHF. We have asked to (the) patrol boat to contact you and asked the patrol boat for instructions for you”

Libyan Coast Guard calls on VHF Channel 16, requesting Aquarius’ position. Aquarius provides position: 33°28’4 N, 012°04’4 E. Patrol boat al-Kifha says that it is around 30 NM from Aquarius and is Heading towards Aquarius’ position. Patrol boat al-Khifa states that it is the on-scene commander.

Email from Aquarius to ITMRCC and JRCC Tripoli confirming that Aquarius has had contact with Patrol boat Al Khifa. Aquarius informs that it will continue to inform Patrol boat Al Khifa on the unfolding on events.

“AQU: Please confirm you are to my north, speed 12 knots

LCG: Affirmative

AQU: Aquarius will head south to conduct a search, in approx. 30 minutes

LCG: You can patrol, if you see anything, you let us know

AQU: At the moment we have no visual contact or detection on the Radar but we will let you know if this changes

LCG: Thank you for your cooperation”

Call on VHF to Patrol boat Al Khifa. Patrol boat al Khifa responds. Aquarius informs that it is altering to the south to conduct a search pattern. Patrol boat Al Khifa gives green light to conduct search pattern. Patrol boat Al Khifa is 3 NM from Aquarius’ stern.

Aquarius starts SAR pattern at position 33°15’5 N, 012°13’2 E

Aquarius calls Patrol boat Al Khifa by VHF to inform about potential Target on Radar. Aquarius says it will keep LCG informed.

Target spotted first on Radar and then visually, approximately 1 NM away, 33°12.8’ N, 012°21.2’ E. Aquarius orders Easy 1 and Easy 2 to prepare to launch

Target spotted to the port side of Aquarius, medium to large size wooden boat (unclear)

Easy 1 and Easy 2 in the water at a position of 33°13’ 1 N, 012°22’36 E. RHIBs head towards the Target for assessment and stabilization

Aquarius calls Patrol boat Al Khifa via VHF. Patrol boat Al Khifa responds. Aquarius informs about investigation of potential Target. Aquarius states there are around 50-60 people, 14 women, no injured people, pregnant women on-board

Aquarius calls Patrol boat Al Khifa  and asks if they agree with Aquarius proceeding to stabilize the small wooden boat

Aquarius exchanges with LCG, but the quality of communications is bad. Aquarius gives the following information about the distress event:

• Wooden boat
• Taking on water
• Multiple women and children on board

LCG requests that Aquarius stabilize the boat and then stay 5 NM away from the boat

In a situation of distressl, according to international maritime law, a vessel must proceed as fast as possible to the scene of distress. Therefore, Aquarius explains it cannot move 5 miles away as people are currently in distress and need to be assisted.

Legal references

UNCLOS Art. 98: “Every State shall require the master of a ship flying its flag, in so far as he can do so without serious danger to the ship, the crew or the passengers:

1. to render assistance to any person found at sea in danger of being lost;
2. to proceed with all possible speed to the rescue of persons in distress, if informed of their need of assistance, in so far as such action may reasonably be expected of him”.

SOLAS Reg. 33-1: ”The master of a ship at sea which is in a position to be able to provide assistance on receiving information from any source that persons are in distress at sea, is bound to proceed with all speed to their assistance, if possible informing them or the search and rescue service that the ship is doing so. This obligation to provide assistance applies regardless of the nationality or status of such persons or the circumstances in which they are found”.

IMO Resolution MSC.167(78): “All persons in distress at sea should be assisted without delay”. “Prompt assistance provided by ships at sea is an essential element of global SAR services; therefore it must remain a top priority for shipmasters, shipping companies and flag States”.

RHIBS on scene inform that the boat is overcrowded and that there is a pressing need to evacuate women and children as soon as possible for that reason

lifejacket distribution is started. RHIBs inform there are 14 women and 16 children on the boat.

LCG orders Aquarius to move 15 NM away from the scene. Patrol boat Al Khifa  says “do you understand what on scene commander means? Leave the area now. Do you understand me? We are coming now.”

Aquarius says to Patrol boat Al Khifa : “we are still stabilizing”

Aquarius calls Patrol boat Al Khifa and says that “our RHIBs are engaged in stabilization, it would be dangerous for the LCG and us to be on scene at the same time”

Aquarius calls LCG requesting that women and children can be disembarked to Aquarius. Patrol boat Al Khifa  reaches out but the communication is broken. Aquarius reiterates that it wishes things to slow down for the time being to Patrol boat Al Khifa , maintaining that “we understand your instructions”.

LCG calls Aquarius and threatens Aquarius. Patrol Boat al Khifa asks if Aquarius would like to visit Tripoli: “good morning, did you speak to ???, have you been in Tripoli town before? What do you think if you go to Tripoli there? Staying there one or two weeks with us? How would you like to go to Tripoli?”.

Aquarius replies it would like to solve this problem now, in a safe manner for everybody. Aquarius further asks Patrol boat Al Khifa for instructions as to what to do. LCG asks Aquarius to go 15 NM away from the distress scene. Aquarius requests to be allowed to bring sick women and children who are on the RHIB onto Aquarius.

LCG says to “take all people because I cannot separate families or leave all people”, “you have to change your Course, maybe you want to go to Tripoli town”

Patrol boat Al Khifa says to “take all on board because I cannot separate families, big problem with me”

LCG accuses Aquarius of not cooperating “take all the people because I cannot make a separation with families, that is a big problem with me” (repeated 3 times). Aquarius asks Patrol boat al Kifha to confirm instruction in Arabic

Patrol boat Al Khifa  says “do not take the people. You guys have not obeyed our instructions. We were very clear with you. We asked you to keep a distance. We are recording everything that is being said. We told you not to interact with people. You are trying to pull people out into Europe”. LCG reiterates “as usual you are not listening to our instructions, you acted without listening to our instructions”

Aquarius asks LCG what the orders are right now: “we have multiple women and children, would you authorize us to take them to Aquarius?”

Patrol boat Al Khifa asks who gave Aquarius these instructions. He adds “you did not comply with our instructions. We told you to observe without interacting with the migrants. We do not want further cooperation with you. As usual, you didn’t listen. We are going to approach and tell you what to do”

LCG has approached to assess the situation. They ask Aquarius to stand-bye.

Aquarius tells RHIBs to slowly pull back. Instructions are that everyone should remain calm and not be provocative.

LCG calls Aquarius and says it should stay 80 NM from the shore, otherwise they could face legal action in Tripoli. Patrol boat Al Khifa says to Aquarius “you made a big problem, we are not able to take the people onboard because you started taking people. So we will leave the situation to you. You will then immediately go away from the Libyan coast at 94NM, you have disrupted operations in this area, you are not welcome here”.

Easy 1 requests green light for boat landing. First people are transfered to Aquarius at position 33°13’2 N, 012°22’3 E

Spanish journalist onboard Patrol boat Al Khifa requests interview with skipper. Aquarius refuses and says priority is to have everyone safely on board

Patrol boat Al Khifa  says “end result is positive do you confirm”? Aquarius confirms.

Patrol boat Al Khifa repeats that Aquarius should head 94 NM from Libyan coast, outside of Libyan SRR zone. Aquarius confirms it will comply.