Ocean Viking receives an email from Colibri 2 (Pilotes Volontaires) confirming that the first distress case has been intercepted by the LCG patrol vessel and that the second distress case still requires assistance.
Ocean Viking reminds to Patrol Boat 656 that she is able to provide assistance and medical support in case of need. After completing the interception of the first wooden boat, the LCG Patrol Boat is observed heading at high speed towards the second wooden boat.
Ocean Viking in position 33 36.8 N 012 26.0 E
While proceeding towards the two wooden boats, Ocean Viking observes a LCG patrol vessel heading to the same area at high speed.
Patrol Boat 656 calls Ocean Viking on VHFChannel 16 to inform that they are the OSC and they will take care about the two cases; Ocean Viking informs the Patrol Boat 656 that she is able to provide assistance and medical support in case of need.
Ocean Viking approaches the empty burning wreck of the second distress case.
EUNAVFOR Med informs Ocean Viking about today LCG interceptions in the area of interest. EUNAVFOR Med also informs Ocean Viking that EU patrol aircrafts did not spot any rubber boat in this area after the interceptions operated by LCG during the day
Ocean Viking informs Libyan JRCC that it cannot proceed to disembarkation in Libyan Port
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 9th 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 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”