Dear Sir,
We acknowledge receipt of your indication of Tripoli – Libya as POS to disembark the survivors on board MV Ocean Viking.
 
As you know, under the International Convention on maritime search and rescue to which Libya is a state party, a rescue is only considered as completed once rescued people have been disembarked in a place of safety (As define in the Annex to the 1979 SAR Convention, paragraph 1.3.2 and in the International Maritime Organization 2004 Rescue Guidelines)
 
It is within this framework that the European Commission and United Nations High Commissioner for Refugees issued clear positions stating that currently Libya does not meet the criteria for being designated as a place of safety for the purpose of disembarkation following rescue at sea (https://www.refworld.org/docid/5b8d02314.html
 
I understand that among the survivors on board there are people, including women, children,  unaccompanied minors and pregnant woman, who say that if returned to Libya, they would be in danger of being subjected to severe abuses.
 
In light of this clear guidance and international law provisions, we are not in a position to head towards a Libyan port, which cannot be considered as a place of safety for rescued people.
 
I respectfully request that, as the JRCC coordinating, you please  provide with the indication of a Place of Safety which fulfils all requirements under all applicable international laws, where the 176 survivors can be safely and promptly disembarked.
 
Please find attached Maritime Incident Reports for the SAR operation conducted by MV Ocean Viking on the 13.10.2019
 
Currently there are 176 rescued people on board the Ocean Viking.
 
The breakdown of the survivors is as follows:
81% adults, 19% minors.
131 adult men, 12 adult women, 30 male minors and 3 female minors.
23 male minors are unaccompanied, and 7 women are single female travellers.
 
There are 4 pregnant women.
Medical team provided treatment as necessary.
 
Please acknowledge receipt of this message.
 
Regards

MV Ocean Viking

Ocean Viking informs by email LYJRCC (copying ITMRCC, MTJRCC and EUNAVFOR MED) about rescue completion

Transfer of 63 men, 12 women and 27 minors from unseaworthy rubber boat with no lifesaving appliances to Ocean Viking is completed

Ocean Viking informs by email JRCC Libya (copying ITMRCC, MTJRCC and EUNAVFOR MED) about the distress situation

Easy 1 and Easy 2 assess condition of rubber boat. Rubber boat found in unseaworthy condition, without lifesaving appliances, overcrowded, majority of men,  women and children without lifejackets.

Ocean Viking spots white rubber boat and informs by email LYJRCC (copying ITMRCC, MTJRCC and EUNAVFOR MED) about the situation and intention to investigate

Ocean Viking calls LNCG and requests further information about target. LNCG has no further information

Ocean Viking commences search pattern and continue the search during all night

Easy 1 and Easy 2 assess condition of rubber boat. Rubber boat found in unseaworthy condition, without lifesaving appliances, overcrowded, people without lifejackets and strong smell of fuel.

FPSO calls Ocean Viking on VHF and reports a rubber boat in distress at her stern in a distance of 1 cable

Ocean Viking gets permission to enter safety zone for rescue operation.  Ocean Viking informs by email JRCC Libya (copying ITMRCC, MTJRCC and EUNAVFOR MED) about possible distress situation and that 2 RHIB will be launched in water

Ocean Viking proceeds towards the target Ocean Viking informs by email  LYJRCC  (copying ITMRCC, MTJRCC and EUNAVFOR MED) about the email received from Alarm Phone.

Ocean Viking is in position 33°22,5’N 013°22,7’E, sailing at a speed of 5 knots

Wind N 8 kn

Swell 0.5 m

Sea state 3

Ocean Viking is in position 33°09,3’N 014°10,0E, sailing at a speed of 5 knots

Wind N 17kn

Swell 0.7 m

Sea state 3

Ocean Viking is in position 33°09,7’N 014°04,24E, sailing at a speed of 6 knots

Wind N 10kn

Swell 1.5 m

Sea state 3

Ocean Viking sends e-mail to LYJRCC and reports empty wooden boat in position 35°45’N 013°58’E. 

Ocean Viking proceeds towards South.

Easy 1 is in water and approaches wooden boat. Wooden boat is found empty and marked “02 Oct 2019 312”. Easy 1 returns to Ocean Viking

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

MV Ocean Viking declares readiness for SAR operations in the Central Mediterranean Sea, South of Lampedusa and Malta, outside of Libyan Territorial Waters.   

Actual position: 34°18.6’N – 012°11.7’E
Proceeding with COG 133°  SOG 6.5 kts, remaining in international water at all times.

MV Ocean Viking

Ocean Viking alters course to 180° and leaves the area due to weather conditions.

A sharp lookout is maintained at all times.

Circomare Lampedusa and ITMRCC are informed accordingly

Ocean Viking suspends search pattern due to bad weather (wind NNE 40 kt, wave height ~4 m) and continues search within the area

Ocean Viking keeps ITMRCC informed via e-mail

Circomare Lampedusa  instructs Ocean Viking to search again in same area with different search pattern

Ocean Viking calls Circomare Lampedusa on VHF and reports completion of search pattern and requests further instructions

Ocean Viking arrives at 35°13’N and 012°38’E and starts with search pattern at designated area

Ocean Viking receives VHF call from Circomare Lampedusa (Coast Guard) to participate in on-going SAR operations South of Lampedusa.

The search coordinates given are 35°13’N 012°38’E, 35°22N 012°48’E, 35°19N 012°52’E, 35°11’N 012°42’E.

RHIB Easy 1 and Easy 2 are launched off port and starboard side of the ship

Easy 2 and Easy 3 are launched off starboard side to practice rescue manoeuvres

Read here the whole report about this operation.

” MV Ocean Viking declares readiness for SAR operations in the Central Mediterranean Sea, South of Lampedusa and Malta, outside of Libyan Territorial Waters.”

Italian Coast Guard completed a 9-hours Port State Control inspection on board the Ocean Viking.

The latest Ocean Viking Periodic Inspection of a PSC under Paris Memorandum of Understanding (MoU) had been carried out on July 18th, 2019 in Szczecin (Poland)

Read the whole report about this operation here.

”MV Ocean Viking declares readiness for SAR operations in the Central Mediterranean Sea, South of Lampedusa and Malta, outside of Libyan Territorial Waters.”

Easy 1 and Easy 2 are launched for practice rescue training

• Wind: NW 9 knots  
• Swell: 0.5-1 meters
• Sea State: 3  

Ocean Viking in position 37°16.4’N 011°19.8’E alters course to SSE heading towards the Libyan Search and Rescue Region

Easy 2 and Easy 3 are launched for practice rescue training

Ocean Viking leaves the port of Barcelona after bunkering operation and is heading to the Central Mediterranean Sea

Ocean Viking arrives in Barcelona for refueling.

Ocean Viking leaves the port of Marseille

At a speed of 10 knots, Ocean Viking is sailing along the western coast of Sardinia, currently in position 40°44.8′N, 006°34.8′E.

• Wind: 10 knots
• Waves: 0.3 meters
• Sea state: 2

At a speed of 10 knots, Ocean Viking is sailing through the Strait of Sicily, between Tunisia and Italy. She is currently in position 37°20.5′N, 011°31.2′E

• Wind: 3 knots
• Swell: 0.3 meter
• Sea state : 1

Both crew are well but the medical team onboard requested medical evacuation in case their conditions worsened during the transit

Read the whole report of this operation here.

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

” MV Ocean Viking declares readiness for SAR operations in the Central Mediterranean Sea, South of Lampedusa and Malta, outside of Libyan Territorial Waters.    

Actual position: 34-12.7N 013-03.0E     

Proceeding with course 198, speed 8.3 kts towards patrol area ca. 25 NM off Libyan coast, remaining in international water at all times “

Ocean Viking is in position 34°26.6’N, 013°08.4 E sailing at a speed of 8 knots.

• Wind: 15 knots
• Swell: 1 meter
• Sea State: 4

RHIBs Easy 1, Easy 2 and Easy 3 are launched off starboard and port side of the ship. Bananas are deployed for practice exercices.

Ocean Viking is in position 36°52,8′ N, 012°59,2’E sailing at a speed of 10 knots.

• Wind: 20 knots
• Swell: 0.5 meters
• Sea State: 3

• Ocean Viking is in position 38°38.2′ N, 008°02.1’E sailing at a speed of 9,5 knots.
• Wind: 12 knots
• Swell: 2 meters
• Sea State: 4

• Distress call received via VHF
• Ocean Viking altered course towards vessel position
• Ocean Viking contacted FR MRCC via SatPhone
• VHF Contact with the vessel that informs the vessel is no longer in need of assistance
• Ocean Viking called FR MRCC via sat phone to update them on the situation
• Ocean Viking resumed course at 20h55

Ocean Viking is in position 41°06.3′ N, 006°21.6′ E , sailing at a speed of 9.8 knots.

• Wind: 5 knots
• Swell: 0.3 meter
• Sea state: 2

Ocean Viking leaves the port of Marseille and is heading towards the South of Sardinia.

The Aquarius is being demobilised to be returned in its initial state to its owner Jasmund Shipping. Specific material that was added to the Aquarius is being stored in order to be reused on the next ship.

Aquarius is heading north towards Marseille at a speed of 8.4 knots. Current position is 41°22.12 N, 010°01.95 E

• Waves: 1.5 metres
• Sea state: 3
• Wind: 15 knots

Read the whole report about this operation here.

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 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

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.

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

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.

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 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).

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

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

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.

.

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 leaves the port of Marseille after an extended port call.

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.

At a speed of 9 knots, Aquarius is on its way to Marseille, currently in position 42°35.7′ N, 005°42.6′ E.

• Course : 333°
• Wind: 10-15 knots
• Swell: 2.5 meters
• Sea state: 4

At a speed of 6.5 knots, Aquarius is sailing along the western coast of Sardinia, currently in position 40°00.5′ N, 007°22.9′ E.

• Course : 335°
• Wind: 20-25 knots
• Waves: 3.5 meters
• Sea state: 5-6

Read the whole report about this operation here.

At a speed of 10 knots, Aquarius is sailing through the Strait of Sicily, between Tunisia and Italy. It is currently in position 37°23.3′ N, 011°21.9′ E.

• Course : 299°
• Wind: 10 knots
• Swell: 1.5 meters
• Sea state: 3

The inspection of Aquarius is made in accordance with the Paris and Mediterranean Memoranda of Understanding on Port State Control.

Read the whole report about this operation here.

Aquarius resumed navigation at 17h05. It is now patrolling at 24 nautical miles from the Libyan coast at a speed of 4 knots. Current position is 33°28.9′ N, 011°.54.9′ E

• Course over ground (COG): 121°
• Wind: 14 knots
• Swell: 0.5 meter
• Sea state: 2

Aquarius is approached at 50-60 meters distance by a speedboat coming alongside the Aquarius. There are 4 individuals on board, not wearing a uniform. They wave towards the Aquarius. The speedboat passes the bow, turns around and sails further away, next to a fishing vessel, where it remains for around 15 minutes.

[UTC time}

Colibri flies over the area patrolled by Aquarius. It then informs Aquarius via VHF that it is leaving the patrolling area without information about boats in distress.

Colibri airplane calls Aquarius on satellite phone to inform that it will soon take off and conduct an aerial search over the zone West of Tripoli. Aquarius provides present position and informs of good weather conditions.

Aquarius stops engine to conduct an exercise with two RHIB, Easy 2 and Easy 3.

Through the binoculars, teams onboard Aquarius spot a potential target. Aquarius starts running second engine to increase speed and investigate it. The target is eventually identified as a fishing vessel.

Aquarius is patrolling in the international waters West of Tripoli at a speed of 4 knots, at 25 nautical miles from the coast of Libya. Current position is 33°21.6′ N, 012°12.8′ E.

• Course over ground (COG): 123°
• Wind: 4 knots
• Swell: 1 meter
• Sea state: 2

Aquarius is patrolling in the international waters West of Tripoli at a speed of 3 knots, at 25 nautical miles from the coast of Libya. Current position is 33°21.5′ N, 012°13.3′ E, North of Zuwarah.

• Course over ground (COG): 125°
• Wind: 13 knots
• Swell: 2 meters
• Sea state: 4

Aquarius receives a phone call from Colibri, asking for an update from Aquarius. Colibri informs that it will take off soon, flying first in the area West of Tripoli and thereafter East of Tripoli. Aquarius provides current position.

Aquarius is patrolling in the international waters West of Tripoli at a speed of 3,2 knots, at 25 nautical miles from the coast of Libya. Current position is 33°21.7′ N, 012°12.5′ E.

• Course over ground (COG): 130°
• Wind: 16-18 knots
• Waves: 1.5 meters
• Sea state: 3-4

Aquarius is patrolling in the international waters West of Tripoli at a speed of 4,3 knots, at 25 nautical miles from the coast of Libya. Current position is 33°25.8′ N, 012°04.3′ E.

• Course over ground (COG): 300°
• Wind: 15 knots
• Waves: 1.2 meters
• Sea state: 3

Upon entering the Libyan Search and Rescue Region, Aquarius sends a “notice of readiness for SAR operations” to the Libyan JRCC, copying the Italian MRCC, the Maltese MRCC and EUNAVFOR Med.

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

Actual position: N 34-08.1  E 012-13.1

Proceeding with course 174 degrees speed 9,5 kts towards patrolling area ca. 30 NM(night) 24nm(day) off Libyan coast between Long. of Zuwarah and Zawiya.“

Aquarius also provides the required technical information about the vessel.

Aquarius enters the Libyan Search and Rescue Region (SRR), in international waters.

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).

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.

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).

Aquarius stops to conduct a rescue simulation. Three RHIB and mass floation devices (rafts and bananas) are launched in the water. Navigation resumes at 18h25.

Aquarius stops sailing to conduct rescue drills, including familiarisation with mass floatation devices. Navigation is resumed at 12h25.

Aquarius is sailing along the coast of Tunisia at a speed of 10 knots, currently in position 35°21.3′ N, 011°58.7′ E.

Teams onboard start watching the sea from the bridge with binoculars to search for boats in distress.

• Course over ground (COG): 170°
• Wind: 10 knots
• Swell: 0.5
• Sea state: 2

Aquarius enters the zone where Italian and Maltese Search and Rescue Regions overlap, as declared in the Global SAR Plan.

Aquarius is sailing through the Strait of Sicily at a speed of 10 knots, currently in position 37°34.7′ N, 010°42.7′ E, North of Tunis. Mass floatation devices are inflated and ready for rescues.

• Course over ground (COG): 122°
• Wind: 5-10 knots
• Swell: 0.5
• Sea state: 2

After having called MRCC Tunis and MRCC Alger, Aquarius receives a phone call back from MRCC Alger, seeking to confirm that Aquarius heard Algerian Coast Guard broadcasting a position on VHF channel 16. Aquarius confirms the position heard from the Algerian Coast Guard. MRCC Alger informs of an ongoing search operation.

Aquarius informs of her position and availability to assist, being equiped with three rescue boats on board, a search and rescue team and medical staff. MRCC Alger confirms it will call Aquarius if any assistance is needed.

Aquarius hears a VHF call by the Algerian Coast Guard on channel 16 alerting a vessel in the area to a possible boat with migrants onboard in position 38°11.6′ N, 008°09’06, in the Algerian Search and Rescue Region.

Aquarius cannot hear if any information is given about the people on the boat nor its situation.

Aquarius is in position 41°19.4′ N, 006°37.1′ E, sailing at a speed of 9.8 knots.

• Wind: 5 knots
• Swell: 0.8 meters
• Sea state: 2

Aquarius leaves the port of Marseille, France, and starts heading towards the Capo Spartivento, at the southern tip of the island of Sardinia, Italy.

Aquarius shifts the berth from 110 to 66, for the installation of a 20 feet reefer container with a shore crane. The container will be used as a morgue if dead bodies are recovered at sea.

Aquarius is leaving the rescue zone and proceed to North for the technical portcall.

Read the whole report about this operation here.