Porto Empedocle, Italy. 

(as defined in the Annex to the 1979 SAR Convention, paragraph 1.3.2 and in the IMO Resolution MSC.167(78))

As per current forecast, the weather in the central Mediterranean Sea and in the Adriatic Sea will deteriorate significantly from Monday 09 January.
General survivor condition on embarkation was fragile with significant exposure to fuel including burns and intoxication, exhaustion and general weakness. In addition, several survivors have presented with chronic conditions and long untreated medical issues. Repeated exposure to poor weather during a prolonged journey could be detrimental to survivor’s wellbeing and could pose a significant risk to their health in the coming days underway to Ancona.

‘Dear Sirs,

please be informed that the National Competent Authority has assigned you the following port of safety: ANCONA.

For the above, please provide this MRCC your ETA in ANCONA harbour.

Best Regards

Ocean Viking sends an email requesting assistance in finding a Place of Safety to ITMRCC, with the Norwegian Maritime Authority in copy.

Ocean Viking sends an email requesting assistance in finding a Place of Safety to ITMRCC, with the Norwegian Maritime Authority in copy.

Ocean Viking sends an email requesting assistance in finding a Place of Safety to ITMRCC, with the Norwegian Maritime Authority in copy.

Ocean Viking sends an email requesting assistance in finding a Place of Safety to ITMRCC, with the Norwegian Maritime Authority in copy.

Ocean Viking sends requests for cooperation and coordination to identify a Place of Safety to 3 separate RCCs in France, Spain and Greece in 3 distincts emails.

Ocean Viking sends an email requesting assistance in finding a Place of Safety to ITMRCC, with the Norwegian Maritime Authority in copy.

Ocean Viking sends a request for a Place of Safety to ITMRCC, with the Norwegian Maritime Authority in copy.

Ocean Viking sends a request for a Place of Safety to ITMRCC, with the Norwegian Maritime Authority in copy.

Ocean Viking sends a request for a Place of Safety to ITMRCC, with the Norwegian Maritime Authority in copy.

Ocean Viking sends a request for a Place of Safety to ITMRCC, with the Norwegian Maritime Authority in copy.

Ocean Viking sends a request for a Place of Safety to ITMRCC, with the Norwegian Maritime Authority in copy.

Ocean Viking sends a request for a Place of Safety to ITMRCC, with the Norwegian Maritime Authority in copy.

Ocean Viking sends a request for a Place of Safety to ITMRCC, with the Norwegian Maritime Authority in copy.

Ocean Viking sends a request for a Place of Safety to ITMRCC, with MTRCC, JRCC Tripoli and the Norwegian Maritime Authority in copy:

“MV Ocean Viking has requested to the competent authorities of the Libyan SRR and Maltese SRR the indication of a Place of Safety (as required by the Annex to the 1979 SAR Convention, paragraph 1.3.2, and by the IMO Resolution MSC.167(78)) which fulfils all requirements under applicable international law, where the survivors can be safely and promptly disembarked.
However, the Libyan RCC and Maltese RCC have been unresponsive to such requests.
Therefore, MV Ocean Viking is now addressing your MRCC to request assistance in identifying a Place of Safety and facilitate a prompt disembarkation of all survivors on board.
While the 234 survivors on board MV Ocean Viking were rescued in a sea area that is outside of the SRR of Italy, please note that MV Ocean Viking has already exhausted the steps in relation to the competent authorities of the Libyan and Maltese SRRs.
MV Ocean Viking is waiting for further instructions.
Best regards
Bridge
Ocean Viking”

Ocean Viking sends the MIR report and a request for a Place of Safety to MTRCC, with ITMRCC and the Norwegian Maritime Authority in copy:

“MV Ocean Viking is requesting the indication of a Place of Safety (as required by the Annex to the 1979 SAR Convention, paragraph 1.3.2, and by the IMO Resolution MSC.167(78)) which fulfils all requirements under applicable international law, where all 234 survivors can be safely and promptly disembarked.”

Ocean Viking sends the MIR report and a request for a Place of Safety to MTRCC, with ITMRCC, JRCC Tripoli and the Norwegian Maritime Authority in copy:

“Please note MV Ocean Viking requested to the competent authorities of the Libyan SRR the indication of a Place of Safety (as required by the Annex to the 1979 SAR Convention, paragraph 1.3.2, and by the IMO Resolution MSC.167(78)) which fulfils all requirements under applicable international law, where the survivors can be safely and promptly disembarked. However, the Libyan RCC has been unresponsive.

MV Ocean Viking is requesting your RCC to coordinate in identifying a Place of Safety, where all the 202 survivors can be safely and promptly disembarked.”

Ocean Viking sends a request for a Place of Safety to MTRCC and JRCC Tripoli, with ITMRCC and the Norwegian Maritime Authority in copy:

“MV Ocean Viking is requesting your Rescue Coordination Centers, as competent authorities of the SRRs where the SAR operations were conducted, to coordinate in identifying a Place of Safety (as required by the Annex to the 1979 SAR Convention, paragraph 1.3.2, and by the IMO Resolution MSC.167(78)) which fulfils all requirements under applicable international law, where the survivors can be safely and promptly disembarked.”

Ocean Viking is 26 hours of navigation away from the Place of Safety.

ITMRCC is advising Ocean Viking to contact the flag state SAR authority or the competent SAR authority of the area.CloseClose

ITMRCC is advising Ocean Viking to contact the flag state SAR authority or the competent SAR authority of the area.Close

ITMRCC is advising Ocean Viking to contact the flag state SAR authority or the competent SAR authority of the area.

ITMRCC advises to contact Ocean Viking flagstate SAR authority or the competent SAR authority of the area for the designation of a Place of Safety for the survivors onboard Ocean Viking

Ocean Viking sends an email to ITMRCC requesting assistance in the designation of a Place of Safety for the 387 survivors.

Ocean Viking sends an email to ITMRCC requesting assistance in the designation of a Place of Safety for the 387 survivors.

Ocean Viking sends an email to ITMRCC requesting assistance in the designation of a Place of Safety for the 387 survivors.

Ocean Viking sends an email to ITMRCC requesting assistance in the designation of a Place of Safety for the 387 survivors.

Ocean Viking sends an email to ITMRCC requesting assistance in the designation of a Place of Safety for the 387 survivors.

Ocean Viking sends an email to ITMRCC requesting assistance in the designation of a Place of Safety for the 387 survivors.

Ocean Viking sends an email to ITMRCC requesting assistance in the designation of a Place of Safety for the 387 survivors.

Ocean Viking sends an email to ITMRCC requesting assistance in the designation of a Place of Safety for the 387 survivors.

Ocean Viking sends an email to ITMRCC requesting assistance in the designation of a Place of Safety for the 387 survivors.

After three previous requests for the designation of a Place of Safety to the Libyan authorities, Ocean Viking sends an email to ITMRCC, with LYJRCC in copy, requesting assistance in the designation of a Place of Safety for the 387 survivors.

Ocean Viking sends an email to ITMRCC and MTJRCC, with LYJRCC in copy, requesting assistance in the designation of a Place of Safety for the 228 survivors onboard.

Ocean Viking sends an email to ITMRCC, with LYJRCC and MTJRCC in copy, requesting assistance in the designation of a Place of Safety for the 294 survivors remaining onboard.

Ocean Viking sends an email to ITMRCC, with LYJRCC and MTJRCC in copy, requesting assistance in the designation of a Place of Safety for the 295 survivors.

Ocean Viking sends an email to ITMRCC, with LYJRCC and MTJRCC in copy, requesting assistance in the designation of a Place of Safety for the 295 survivors.

Ocean Viking sends an email to ITMRCC, with LYJRCC and MTJRCC in copy, requesting assistance in the designation of a Place of Safety for the 295 survivors.

Ocean Viking sends an email to ITMRCC, with LYJRCC and MTJRCC in copy, requesting assistance in the designation of a Place of Safety for the 295 survivors onboard.

Ocean Viking sends an email to ITMRCC, with LYJRCC and MTJRCC in copy, requesting assistance in the designation of a Place of Safety for the 295 survivors onboard.

Ocean Viking sends an email to ITMRCC, with LYJRCC and MTJRCC in copy, requesting assistance in the designation of a Place of Safety for the 295 survivors onboard.

Ocean Viking sends an email to ITMRCC and MTJRCC, with LYJRCC in copy, requesting assistance in the designation of a Place of Safety for the 295 survivors onboard.

Ocean Viking sends an email to ITMRCC, with MTJRCC and and LYJRCC in copy, requesting a Place of Safety for the 306 remaining rescued persons onboard.Close

Ocean Viking sends an email to ITMRCC, with MTJRCC and and LYJRCC in copy, requesting a Place of Safety for the 306 remaining rescued persons onboard.Close

Ocean Viking sends an email to ITMRCC, with MTJRCC and and LYJRCC in copy, requesting a Place of Safety for the 308 remaining rescued persons onboard.

Ocean Viking sends an email to ITMRCC, with MTJRCC and and LYJRCC in copy, requesting a Place of Safety for the 314 rescued persons onboard.

Ocean Viking sends an email to ITMRCC, with MTJRCC and and LYJRCC in copy, requesting a Place of Safety for the 122 remaining rescued persons onboard.

Ocean Viking sends an email to ITMRCC, with MTJRCC and and LYJRCC in copy, requesting a Place of Safety for the 123 remaining rescued persons onboard.

Ocean Viking sends a Maritime Incident Report to MTJRCC and ITMRCC via email, requesting a Place of Safety for the 123 remaining rescued persons onboard.

Ocean Viking sends a Maritime Incident Report to MTJRCC via email, with ITMRCC and LYJRCC in copy, requesting a Place of Safety for the 116 rescued persons onboard.

Ocean Viking sends a Maritime Incident Report to LYJRCC via email, with ITMRCC, MTJRCC in copy, requesting a Place of Safety for the 58 rescued persons onboard.

Ocean Viking sends a Maritime Incident Report to LYJRCC via email, with ITMRCC, MTJRCC in copy, requesting a Place of Safety for the 25 rescued persons onboard.

Ocean Viking provides an update on the medical situation of the survivors onboard.

Among some survivors the medical and care team observes an increase of psychological distress. The heat and the lack of space is worsening the condition among all survivors and tensions arise. The situation is aggravating by hour.

Ocean Viking informs that we she will run out of pre-packed ’24 hours food kits’ after four days.

Subject: Ocean Viking – POS Request 

Dear Sirs, 

As you are aware Ocean Viking conducted 4 rescue operations in the Libyan SRR: 

*   Rubber boat rescue, feb 4th (am): 121 pax 

*   Rubber boat rescue, feb 4th (pm): 116 pax 

*   Rubber boat rescue, feb 5th (am): 71 pax 

*   Rubber boat rescue, feb 5th (pm): 116 pax 

Currently, we have a total of 424 rescued people on board. 

The 424 rescued people on board the Ocean Viking include 5 pregnant women, 7 babies between 0 and 4 years old, 46 children between 5 and 15 years old and 30 single females travellers.  

The complete breakdown can be found in the Maritime Incident Reports that were copied to you in previous correspondence with Tripoli JRCC. 

We would kindly request your assistance in finding a Place of Safety and facilitate a prompt disembarkation of all 424 survivors. 

We understand that the 424 survivors on board MV Ocean Viking were rescued in a sea area that is outside of the SRRs of Italy and Malta, hence not under primary responsibility of IT MRCC and RCC Malta. However, please note that Ocean Viking has already exhausted the steps in relation to the competent authorities of the Libyan SRR, without any answer. 

While waiting for further instructions from you or those RCC you would consider able to assist, Ocean Viking is heading north. 

Ocean Viking is in position 33 47.2N  014 35.2E  COG 318  SOG 10.7Kts  at 1903Z. 

Ocean Viking sends an email addressed to the LYJRCC, with ITMRCC and MTJRCC in copy providing the Maritime Incident Report of the last two rescue operations and asking for a Place of Safety for all the survivors on board. Among the survivors are 5 pregnant women, 7 babies between 0 and 4 years old, 46 children between 5 and 15 years old and 30 single women. A total of 124 minors are unaccompanied. 

Ocean Viking sends an email addressed to the LYJRCC, with ITMRCC and MTJRCC in copy providing the Maritime Incident Report and asking for a Place of Safety for the 237 survivors on board. 

Among the survivors are 3 pregnant women (1 seven months pregnant), 5 babies between 0 and 4 years old, 30 children between 5 and 15 years old and 27 single women. 83 minors are unaccompanied.  

Ocean Viking position: 36 04.6N 013 55.1E 

Subject: MV Ocean Viking request Place of Safety     

As communicated yesterday (see message below), and as detailed in the MIR reports previously sent, MV Ocean Viking conducted three rescue operations, on the 21st and 22nd of January 2021, of a total of 374 people in distress.   

The operations took place in international waters, in the Libyan SRR, in the strictest adherence to the UNCLOS, SOLAS and SAR conventions. 

All operations were conducted with due information of Tripoli JRCC but at no point during the 2 days was there any response or acknowledgment to any of our email communications, nor any answer to our previous requests for a Place of Safety. 

Due to the lack of instructions from competent maritime authorities and the fact that Ocean Viking cannot disembark survivors in Libya (within the framework of the relevant Conventions and Regulations, 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)), yesterday evening, Ocean Viking has requested assistance for a Place of Safety to MRCC Roma and RCC Malta.  

We understand that the 373 survivors now on board MV Ocean Viking (one lady has been medevac’d today with prompt assistance from Italian Coastguard) were rescued in a sea area that is outside of the SRRs of Italy and Malta, hence not under primary responsibility of IT MRCC and RCC Malta. 

Please note that, before escalating the request to IT MRCC and RCC Malta, Ocean Viking has already exhausted the steps in relation to the competent authorities of the Libyan SRR.  

Recalling the provisions of Chapter 3 of the SAR Convention, Ocean Viking kindly invites the RCCs to co-operate with those other RCCs they consider able to assist, to make the necessary arrangements to identify the most appropriate place for disembarking these 373 persons found in distress at sea as soon as reasonably possible.  

The 373 rescued people on board the Ocean Viking include 1 pregnant woman, 21 babies between 0 and 4 years old, 32 children between 5 and 15 years old and 32 single females travellers.. 

Many people on board have been victims of various forms of abuse during their journey to Libya and while being held in Libya.  

The situation on board, with limited space coupled with the weather conditions, is negatively affecting the people’s mental and physical well-being.   

We also would like to recall that this vessel has kindly requested information and instructions regarding 3 further distress alerts received today (please refer to my message dated 2021 01 23 – 1645Z). 

While waiting for further instructions from you or those RCCs you would consider able to assist, Ocean Viking at 2033Z is in POS 35 19.6N 013 31.9E 

Ocean Viking sends an email to the LYJRCC, ITMRCC and MTJRCC  providing the Maritime Incident Report of the latest rescue and asking for Place of Safety to promptly disembark all survivors onboard.  

374 survivors are onboard Ocean Viking. Among them are 165 minors, including 21 babies. There are also 48 women, including 4 pregnant women, and 161 men.  

The claimed nationalities are: Guinea-Conakry, Cameroon, Ivory Coast, Mali, Burkina Faso, Benin, CAR, Chad, Egypt, Ethiopia, Gambia, Ghana, Nigeria, Senegal, Sierra Leone, South Sudan, Sudan (North), Syria, Togo. 

Subject: MV Ocean Viking request Place of Safety
Dear Sirs,
As you are aware MV Ocean Viking conducted 4 rescue operations in the Libyan SRR

• Rubber boat rescue, Jan 21st : 119 pax
• 2 Rubber boats rescue, Jan 22nd (am) : 149 pax
• Rubber boat rescue, Jan 22nd (pm) : 104 pax
  The 372 rescued people on board the Ocean Viking include at least 1 eight months pregnant woman, 19 babies between 0 and 4 years old, 26 children between 5 and 15 years old and 30 single females travelers.
  Maritime Incident report for the latest rescue operation and complete breakdown is still to be sent shortly.
  We would kindly request your assistance in finding a Place of Safety and facilitate a prompt disembarkation of all 372 survivors.
  We understand that the 372 survivors on board MV Ocean Viking were rescued in a sea area that is outside of the SRRs of Italy and Malta, hence not under primary responsibility of IT MRCC and RCC Malta. However, please note that Ocean Viking has already exhausted the steps in relation to the competent authorities of the Libyan SRR, without any answer.
  While waiting for further instructions from you or those RCC you would consider able to assist, due to worsening conditions in the next days of the weather forecast, Ocean Viking is heading north.
  Ocean Viking at 1940Z is in position 33 24.4N 0121 13.6E COG8.8 SOG 007
  Please acknowledge receipt of this message.

Ocean Viking sends an email addressed to the LYJRCC, with ITMRCC and MTJRCC in copy providing the Maritime Incident Report and asking for a Place of Safety for the 268 rescued people on board. 

Ocean Viking sends an email addressed to the LYJRCC, with ITMRCC and MTJRCC in copy providing the Maritime Incident Report and asking for a Place of Safety for the 119 rescued people on board. 

From: Ocean Viking
To: ITMRCC, Pozzallo Harbour Master
Cc: Norwegian Flag

“After both calls from ITMRCC and Pozzallo HM, Ocean Viking is proceeding to Porto Empedocle where we will contact ITCG/HM on VHF for instructions for disembarkation of survivors. Our ETA is 08h00B
We are advising the survivors now so as to maintain calm and the medical team will continue to treat the cases that need to be cared for. A medical handover will be done upon arrival. “

From: Ocean Viking
To: Pozzallo Harbour Master
Cc: ITMRCC, Catania Sezione Operativa, Prefettura Ragusa, Norwegian Flag

“Your medical team has been disembarked from Ocean Viking to CP325. The situation remains the same onboard as per our email updates from yesterday and this morning with the state of emergency still in place.
We thank you for your assistance and we hope a solution can be found for the survivors quickly.
Please thank the medical team, the crew of CP 325 and Pozzallo Harbour Masters office from the crew of Ocean Viking. “

The Master of the Ocean Viking emails the Flag State authorities to inform of the critical situation on board. As advised by ITMRCC, the Master seeks advise from the Flag State since the request for an urgent medical evacuation has so far gone unanswered.

From: Ocean Viking

To: ITMRCC

CC: Flag State

“Following our phone conversation, I confirm that Ocean Viking is in no other position than to declare a state of emergency onboard.
 
Ocean Viking has had 180 survivors onboard for several days, including 46 highly psychological unstable individuals who are a risk at any moment to harm themselves, the crew or the vessel. The urgent request to evacuate those people has not led to a positive response yet and we are in no position to control the situation any further.

We are in a state of necessity to reach a port as early as possible. I request all your assistance on this matter.

As per the last call my answers are as follows:

Nature:
Serious psychological issues within some survivors
Continued actions to self harm themselves and aggressions between themselves and more and more threats and aggression towards the crew
6 suicide attempts
2 MOB
3 Stopped from jumping by crew
1 attempt to hang themselves
Situation has been an emergency since we have had no response from any RCC
Situation has been ongoing for hours
We have been alerting about the situation since yesterday as it continued to worsen and before it became an emergency
We proceeded North after there was no response from Malta for several days. They are no longer answering the telephone or they hang up on us and have not responded to any of our emails. We there for contact the next RCC able to assist.”

As the situation on deck becomes uncontrollable and the safety of the survivors, crew and personnel can no longer be guaranteed, the Master of the Ocean Viking declares a State of Emergency over the vessel to request immediate support.

From: Ocean Viking

To: ITMRCC, MTJRCC

CC: Flag State

“We bring to your attention an urgent situation on Ocean Viking that requires an immediate large medical evacuation.

We have a group of 44 males who are in acute mental distress and depression. Some of them express suicidal ideas and some have acted upon this. They endanger themselves and the rest of the crew and survivors and need to be evacuated as soon as possible.

Several already attempt suicide since 2 days and are now under medical watch. This morning there was also one medical emergency when one individual became unconscious. He is now being monitored closely in the ship hospital.

The medical team (1 MD, 2 nurses and 1 midwife) does not have the capacity to ensure the individual safety of the 44 survivors.

The weather conditions are worsening and if other people jump overboard we will not be able to safely launch our rescue boat without risking our crew and the lives of rescued people.

Please note the attached general medical report.

For the evacuation, the medical team recommends that there is manpower available to handle potentially agitated people.

Due to the necessity of urgent medical evacuation the Ocean Viking is heading North East toward Pozzallo and we will be standing by for instructions.”

From: Ocean Viking

To: ITMRCC, MTJRCC

CC: Flag State

“We are currently going to best speed to head for shelter. We currently have multiple survivors who are on suicide watch. 5 have tried to jump into the water and another one tried to hang themselves 20mins ago. We have also just had one person collapse on deck and the medical team is again taking care of them. There will be a medical report following when the doctor is free to write along with a possible demand for multiple medevacs.  The situation is very unstable and peoples safety cannot be guaranteed while they remain in limbo onboard.”

From: Ocean Viking To: ITMRCC CC: Flag State “Due to the worsening weather conditions we will need to seek shelter. The only place that offers shelter is currently to the east of Sicily. The other issue is that if other people jump overboard and the weather is too bad we will not be able to safely launch our rescue boat without risking our crew . Please be advised that we may seek shelter remaining outside of the 12nm shortly.”

From: Ocean Viking
To: ITMRCC
CC: Gabinetto Esteri, Gabinetto MinInterno, Segreteria Capo di Gabinetto, Guardia Costiera, NCC, French Embassy in Italy, CROSS, Norwegian Flag State

For complete information on the four SAR cases in which the Ocean Viking was involved, I kindly refer you and the other recipients of your message to the four Maritime Incident Reports sent earlier, which I attach again here and I would underline the following:

1. The initial SAR case in which the Ocean Viking was involved took place in the overlapping Italian & Maltese SRR after being spotted in the Maltese SRR. When the boat in distress entered into IT SRR, ITMRCC was addressed directly. Multiple calls were made to ITMRCC during the last 5 days and all calls have been logged.
2. Both RCC Malta and ITMRCC were contacted/informed at every stage of the three other operations as per our strict procedures. Again all emails are available and all calls logged.
3. Our flag state has been kept informed with each Maritime Incident Report.

Your assistance is greatly appreciated in finding any suitable Port of Safety where survivors can be promptly disembarked as per SAR conventions, including, if you consider it appropriate, with the support from other authorities and further  RCCs.

The 180 survivors we have onboard now have been going through an extensive time at sea, they are exhausted and urgently need to be taken care of by appropriate authorities. The current situation leads to growing tensions onboard which are becoming challenging to manage. We are also monitoring weather conditions over the next couple of days and we can see the situation deteriorating over the Western Med and the Central Med in the coming days.

From: ITMRCC
To: French Embassy in Italy, CROSS, Norwegian Flag State
CC: Gabinetto Esteri, Gabinetto MinInterno, Segreteria Capo di Gabinetto, Guardia Costiera, NCC, Ocean Viking

In this email, ITMRCC states that there had been “absolutely no communication with the Italian Rescue Coordination Center, neither before nor after the operation” for the four rescues the Ocean Viking performed on June 25 and June 30. Further, since the ship flies the Norwegian flag and is allegedly owned by a French citizen, and in light of the decree of April 7, 2020, declaring Italian ports unsafe due to the outbreak of COVID-19 in Italy, the Italian authorities request that the French and Norwegian authorities provide a Place of Safety for the disembarkation of the 180 survivors, suggesting Corsica.

The ITMRCC informs the Ocean Viking by email that the Ministry of Interior has assigned Pozzalo (Sicily, Italy) as port of destination.

The Ocean Viking sets course and speed to reach Pozzallo in the morning the same day.

It has been 3 days that the Ocean Viking originally requested a place of safety to the Libyan and European authorities.

In that period and since the first of three rescues on the 18^th of February, JRCC-Tripoli has not responded any of the emails sent by the Ocean Viking. When answered, VHF and phone communications were useless because JRCC-Tripoli was not able to converse in any other language than Arabic.

A demand of POS was made to IT-MRCC and RCC-Malta by email late on the 19^th of February. After a second email sent the following day, IT-MRCC did acknowledge the POS request but did not provide any instruction regarding a place of safety where the 274 survivors rescued by the Ocean Viking could be disembarked.

The situation on board, with limited space coupled with the weather conditions and cold, is negatively affecting the people’s social and physical well-being. The Ocean Viking is continuing to standing by.

ITMRCC acknowledges receipt of the Ocean Viking’s PoS request. They also inform the Ocean Viking that they have forwarded the request to the competent authority.

The Ocean Viking sends a follow-up e-mail to MTJRCC, with LYJRCC and ITMRCC in copy, regarding the PoS request for disembarking the 276 survivors currently on board.

The Ocean Viking sends a follow-up e-mail to ITMRCC, with LYJRCC and MTJRCC in copy, regarding the PoS request for disembarking the 276 survivors currently on board.

At 17:00, the Ocean Viking is in the overlapping zone of the Italian and Maltese SRRs.

Ocean Viking position at 17:00: 35°55.9’N 013°18.5’E

Since the Ocean Viking has not received any response to her demand of a place of safety, or any acknowledgement of any attempts of communication in the past three days, the Ocean Viking officially requests a place of safety to disembark survivors to ITMRCC MTJRCC.

Ocean Viking position at 22:00: 34°18,7’N 012°22,1’E

At 15:26, the Ocean Viking requests that JRCC-Tripoli provides a place of safety safety, as defined in the Annex to the 1979 SAR Convention, paragraph 1.3.2 and in the International Maritime Organization 2004 Rescue Guidelines, which fulfills all requirements under all applicable international laws, where the survivors can be safely and promptly disembarked.

Total number of survivors on board: 274

Ocean Viking position at 15:00: 33°42.4’N 012°30.2’E

The 403 survivors are on land

“be informed that the Ministry of Interior has assigned TARANTO as port of destination for M/V OCEAN VIKING with 403 POB.”

We respectfully request that […] please  provide the indication of a Place of Safety […] which fulfils all requirements under all applicable international laws, where the 151 survivors can be safely and promptly disembarked.”

I respectfully request that, as the JRCC coordinating, you please provide with the indication of a Place of Safety which fulfils all requirements […]”

Ocean Viking emails to the Libyan Join Rescue Coordination Center copy to Italian and Maltese Coordination Centers also, as well to EUNAVFORMED sending the Maritime Incident Report and asking for Place of Safety. 92 survivors. 39 men, 15 women and 38 minors, among them 4 pregnant women and 2 babies. Nationalities:  Somalia, Ivory Coast, Cameroon, Guinea Conakry, Mali; Senegal, Guinea Bissau, Benin and Gambia

The 39 survivors are on land

Good evening Sir

“Be informed that Italian Ministry of Interior has assigned POZZALLO as destination harbor for your ship.[…]”

I respectfully request that, as the JRCC coordinating, you please provide with the indication of a Place of Safety which fulfils all requirements […]”

“[…]
We acknowledge that for the time being Maltese authorities are not granting to Ocean Viking the authorization to enter Maltese territorial waters in order to find shelter and safely conduct the transfer operation of the 50 survivors rescued under Malta RCC coordination.
[…] on the 20th of December, Ocean Viking requested a Place Of Safety to JRCC Tripoli for the disembarkation of the survivors rescued inside the Libyan SRR. No response has been received so far.
Ocean Viking is now formally requesting Maltese and Italian maritime authorities, which we consider as the RCCs better able to assist due to the geographical area of the SAR operation conducted and the current position of Ocean Viking, to cooperate as per SAR Convention and to facilitate finding a Place of Safety in order to disembark safely and as soon as possible all the 162 survivors on board the vessel.
While waiting for further instructions from you or those RCC’s who you would consider able to assist in this process, please be advised that due to the current weather condition in the area and the weather forecast for the next hours and days, Ocean Viking is currently proceeding to seek shelter off the Eastern coast of Sicily.”

[…] We respectfully request that, as the JRCC coordinating, you please  provide with the indication of a Place of Safety (as defined in the Annex to the 1979 SAR Convention, paragraph 1.3.2 and in the International Maritime Organization 2004 Rescue Guidelines) which fulfills all requirements under all applicable international laws, where the survivors can be safely and promptly disembarked. […]

All 60 survivors left Ocean Viking

ITCG calls Ocean Viking on phone and informs that Pozzallo (IT) has been assigned as a Place of Safety for the 60 survivors. Ocean Viking alters course accordingly

Ocean Viking sends an email to ITMRCC and MTJRCC copying LYJRCC to request a Place of Safety:

” … Please find attached Maritime Incident Report regarding the SAR operation conducted by MV Ocean Viking on 28th Nov. 2019. 60 people were rescued, including 40 males, 2 females and 18 minors …

… Whole operation took place in international waters, in the Libyan SRR and in the strictest adherence to the UNCLOS, SOLAS and SAR conventions

On the 29th of November,  we asked JRCC Tripoli to assign a Place of Safety for the disembarkation of the survivors. No response has been received.

According to international maritime conventions and regulations (IMO Resolution MSC.167 (78): in a case where the RCC responsible for the area where the survivors are recovered cannot be contacted, attempt to contact another RCC, or if that is impractical, any other Government authority that may be able to assist, while recognizing that responsibility still rests with the RCC of the area in which the survivors are recovered), Ocean Viking is now formally requesting Maltese and Italian maritime authorities, as the RCCs better able to assist, to take coordination and support finding a Place of Safety that fulfils the criteria set by Maritime and International Law to disembark safely and as soon as possible the 60 survivors on board the vessel.

Thank you in advance for your cooperation and assistance.

Please acknowledge receipt of this message”

Ocean Viking sends an email to LYJRCC and request further instructions. LYJRCC is informed about intention to head north

” … The current situation on board is stable, but we would like to inform you that the weather is going to deteriorate this evening and having not received a reply to our last email sent on 29th November at 2051Z, we would appreciate if LYJRCC could please provide this vessel with a feedback.

As stated in our previous email the breakdown of the 60 survivors is as follows:

40 adult men, 2 adult female, 18 minors.

While waiting for further instructions from you, we are heading north in order to comply with IMO Resolution MSC.167 (78) and to find a quick solution to disembark all survivors on board Ocean Viking in a Place of Safety.

As we are proceeding north we have offered to assist in the search for a rubber boat in the Maltese SRR.“

Ocean Viking sends an email to LYJRCC (copying ITMRCC, MTJRCC and EUNAVFOR MED) and asks for a Place of Safety

“… We are requesting a Place of Safety (as defined in the Annex to the 1979 SAR Convention, paragraph 1.3.2 and in the International Maritime Organization 2004 Rescue Guidelines) to promptly disembark all 60 survivors who are currently on-board.

MV Ocean Viking  in psn 33-37,9N 012-30,1E  at 2044Z

Please acknowledge receipt of this message.“

All 213 survivors left Ocean Viking

Ocean Viking is in position 37°23.7′ N, 015°43.3′ E , sailing at a speed of 12 knots.

• Wind: 28 knots
• Swell: 2.5 meter
• Sea state: 5

Ocean Viking acknowledges email and proceeds to Messina (IT)

Ocean Viking sends an email to ITMRCC and MTJRCC copying LYJRCC to request a Place of Safety:

” … MV Ocean Viking conducted 3 rescue operations, on the 19th, 20th and 21th of November, of a total of 215 people in distress. Please refer to MIR reports previously shared for more details.

All operations took place in international waters, in the Libyan SRR. All of them in the strictest adherence to the UNCLOS, SOLAS and SAR conventions

Currently, we have a total of 215 rescued people on board, including 20 women and 66 minors. 54 of the minors are unaccompanied.

There are four pregnant women, one is 8 months into pregnancy, and there are six children below the age of five.

Medical team is providing necessary treatment where needed. The medical team also provides treatment to an injured person suffering from a gun shot wound.

Some of the survivors speak of being held in places of captivity for varying periods of time, and present marks of physical violence.

On the 20th of November, JRCC Tripoli communicated Tripoli as a Place of Safety for the disembarkation of the survivors. Ocean Viking responded on the 21th  of November that Libyan ports cannot be considered as a Place of Safety and requested an alternative POS to disembark survivors on-board. No response has been received so far.

According to international maritime conventions and regulations (IMO Resolution MSC.167 (78): in a case where the RCC responsible for the area where the survivors are recovered cannot be contacted, attempt to contact another RCC, or if that is impractical, any other Government authority that may be able to assist, while recognizing that responsibility still rests with the RCC of the area in which the survivors are recovered), Ocean Viking is now formally requesting Maltese and Italian maritime authorities, as the RCCs better able to assist, to take coordination and support finding a Place of Safety that fulfills the criteria set by Maritime and International Law to disembark safely and as soon as possible the 215 survivors on board the vessel.

Thank you in advance for your cooperation and assistance.

Please acknowledge receipt of this message.”

Ocean Viking informs LYJRCC by email, with ITMRCC, MTJRCC in copy, that she cannot proceed to disembarkation in Tripoli (Libya) due to the fact that Libyan ports do not conform to the definition of Place Of Safety.

“… We acknowledge receipt of your request to proceed to Libya – Tripoli to disembark the 125 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 defined 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 women, 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, that you please provide with the indication of a Place of Safety, which fulfils all requirements under all applicable international laws, where the survivors can be safely and promptly disembarked.

Please acknowledge receipt of this message.“

Ocean Viking sends an email to LYJRCC (copying ITMRCC, MTJRCC and EUNAVFOR MED) and asks for a Place of Safety

” … We are requesting a Place of Safety (as defined in the Annex to the 1979 SAR Convention, paragraph 1.3.2 and in the International Maritime Organization 2004 Rescue Guidelines) to promptly disembark all 125 survivors who are currently on-board.”

All 104 survivors left Ocean Viking

Ocean Viking proceeds to Pozzallo

Ocean Viking informs LYJRCC by email, with ITMRCC, MTJRCC in copy, that she cannot proceed to disembarkation in Tripoli (Libya) due to the fact that Libyan ports do not conform to the definition of Place Of Safety.

Ocean Viking sends an email to LYJRCC, copying ITMRCC and MTJRCC, to request a Place of Safety for the 104 survivors

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

A recount of disembarcation updated the total of rescued people on board Ocean Viking to 355.

Revision of the CCTV footage confirmed 80 people were embarked during the third rescue, which was a correction of the original tally of 81

AFM Patrol Boat informs Ocean Viking by phone about ETA at meeting point and transfer modalities

RCC Malta informs Ocean Viking that a transfer of the survivors will take place in international waters, 15NM off the coast of Malta.

Ocean Viking requests by email a place of safety to ITMRCC and RCC Malta

“Dear Sirs,
 
We understand that discussions are ongoing between authorities in order to find a solution to disembark all survivors onboard Ocean Viking.  All the effort from the involved parties is greatly appreciated. 
 
The overall situation onboard is becoming more complicated each day for the 356 survivors onboard including 103 minors, the youngest being 1 year old and a majority of whom are unaccompanied.  
 
Some people have now been onboard for 14 days after our first rescue in addition to the 3 days they spent at sea adrift on a rubber boat.  We completed a total of 4 rescues, the 4^th of which was critical as one of the chambers completely deflated during the rescue and multiple people had to be recovered from the water.  
 
Our medical team is continuously treating patients who have suffered physical abuse in Libya and we have a few patients who require either constant pain management or monitoring.  While these cases are not currently considered emergencies, they do require further medical care that cannot be provided onboard.
 
Multiple people have been flagged as being extra vulnerable, having been victims of various forms of abuse during their journey to Libya and while being held in Libya.  The vast majority of people are suffering from long term psychological trauma which needs immediate attention for long term recovery which can only be started upon being disembarked in a place of safety.  It can clearly be felt that the continued wait onboard is only prolonging their suffering and delaying their access to the proper care they need.  
 
The humanitarian conditions on board are worsening and our capacity to keep the situation under control can not be guaranteed anymore.  In addition to the deteriorating conditions, we only have 5 days of rations left on board for survivors.
 
We need to disembark the 356 survivors as soon as possible in a place of safety that meets all the legal requirements.
We kindly request any assistance in finding a swift solution for this ongoing situation.
 
Please acknowledge receipt of this message. ”

• Wind: 6 knots
• Swell: 0.3 meter
• Sea state: 2

• Wind: 3 knots
• Swell: 0.2 meter
• Sea state: 2

Ocean Viking sends an email to ITMRCC and MTJRCC, copying LYJRCC and EUNAVFOR Med, to inform about the possibility of a medical evacuation request in the future

• Wind: 7 knots
• Swell: 0.5 meter
• Sea state: 2

• Wind: 10 knots
• Swell: 0.5 meter
• Sea state: 2

Ocean Viking is in standby at position 36°08.4’N, 013°23.9’E

• Wind: 10 knots
• Swell: 1 meter
• Sea state: 3

Ocean Viking is in standby at position 36°13.5′ N, 013°22.3’E

• Wind: 15 knots
• Swell: 1.5 meters
• Sea state: 3

Ocean Viking is in position 35°25.4’N, 013°42.3 E sailing at a speed of 3 knots.

• Wind: 33 knots
• Swell: 4 meters
• Sea State: 5

Ocean Viking sends email to LYJRCC, copying ITMRCC, MTJRCC and EUNAVFOR Med

MTJRCC replies to a Place of Safety request addressed to the ITMRCC and MTJRCC considering MTJRCC is not the competent authority to assign a Place of Safety to Ocean Viking.

Ocean Viking requests place of safety to ITMRCC and RCC Malta

“Dear Sir,

As communicated earlier, Ocean Viking conducted a rescue of 85 people in distress on the morning of the 9th August 2019.  Further rescues have been completed, on 10th and 11th August, with 85 and 81 people in distress rescued respectively. The total number of rescued people now onboard the Ocean Viking is 251, including 74 minors and 4 women. All rescues took place in international waters, in the SAR zone of Libya, in the strictest adherence to the UNCLOS, SOLAS and SAR conventions. On the 9th August at 12:38, JRCC Tripoli communicates Tripoli as a Place of Safety for the first SAR case and disembarkation of 85 survivors. Ocean Viking responded on the 10th August 00:11 that Libyan ports cannot be considered as a place of safety and requested an alternative POS to disembark survivors onboard. No response has been received so far. Ocean Viking reiterated a request of place of safety following the 2nd and the 3RD rescue allowing to disembark safely the 251 survivors onboard the vessel on the 9th and 10th August. No response has been received as of today 11th August 11am. In accordance with international maritime conventions and regulations, (IMO Resolution MSC.167 (78): “in a case where the RCC responsible for the area where the survivors are recovered cannot be contacted, attempt to contact another RCC, or if that is impractical, any other Government authority that may be able to assist, while recognizing that responsibility still rests with the RCC of the area in which the survivors are recovered”), we are now formally requesting Maltese and Italian maritime authorities, as the RCCs most able to assist, to take coordination and support finding a place of safety that fulfils the criteria set by Maritime and International Law to disembark safely the 251 survivors on board the vessel. I thanks you in advance for your kind collaboration and assistance. Please acknowledge receipt of this message. Thanks and Regards “

Ocean Viking informs LYJRCC by email, with ITMRCC, MTJRCC and EUNAVFOR Med in CC, that it cannot proceed to disembarkation in Tripoli due to Libyan ports not conforming to the definition of places of safety.

Dear Sir, We acknowledge receipt of your request to proceed to Libya to disembark the 85 survivors of the SAR Case of Ocean Viking on the 9^th of August. 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 and unaccompanied minors, 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, that you please provide with the indication of a