This factsheet provides a summary of political developments and operational updates regarding our ships and aircraft.
1. Political developments
2. Updates on our aerial operations with Seabird 1 and Seabird 2
- Overview of boats in distress spotted
- Details and outcomes of selected boats in distress
3. Updates on our operations at sea with the Sea-Watch 5 and Aurora
1. Political developments
Legal proceedings for Frontex not terminating operations in the central Mediterranean sea
The European Coast Guard Agency Frontex has operated in the central Mediterranean sea since 2014 and contributes to pullbacks to Libya with the use of its aircraft.¹ In May 2024, Frontex’ Executive Director Hans Leijtens was requested by the NGOs Front-Lex and Refugees in Libya to terminate its operations in the central Mediterranean, pursuant Art. 265 TFEU.² Since Frontex continued operating despite being aware of grave concerns and risks concerning the co-perpetration of crimes against humanity, Front-Lex and Refugees in Libya decided to take the European Coast Guard Agency to court on the 4th of October 2024, acting on behalf of a person in Libya. Sea-Watch supported the lawsuit by sharing expertise and by providing actual information based on its airborne operations.³
“Flussi” Decree-Law escalates ship detentions foreseen under the “Piantedosi” Decree-Law
As well as targeting civilian aircraft⁴, the Italian government added further elements to the “Flussi” Decree-Law during the parliamentary process, exacerbating the situation for NGO ships once again. From January 2023 until November 2024, the “Piantedosi” Decree-Law set up requirements – many of them violating international law – that civil Search and Rescue vessels have to comply with or be detained. The law entails an eventual confiscation of the ships after repeated violations, and its application has often happened arbitrarily. On the 4th of December 2024, with the “Flussi” Decree-Law, changes were introduced to the “Piantedosi” Decree-Law that prolong detentions and accelerate the process of escalating sanctions, leading to a faster confiscation of rescue vessels and dramatically intensifying the systematic obstruction of civil search and rescue. A change in procedure effectively allows Italian authorities to block NGO ships for 10 days after disembarking rescued people, even if there are no alleged violations of the law.
By setting conditions that are either unnecessary or in conflict with international law, the Italian government creates opportunities for detaining and potentially permanently confiscating civilian ships and aircraft, thus shutting down the only rescue assets and civilian eyes on the Mediterranean.5 See the press release related to this case: sea-watch.org/en/sea-watch-ship-aurora-detained-on-fabricated-grounds/ 6 See: www.euractiv.com/ section/politics/news/ melonis-migration-de-al-with-albania-fails-once-again/
NGO ships have already been detained on 26 occasions under the framework designed by the “Piantedosi” Decree-Law. Many appeals against detentions and fines are pending. In a legal proceeding related to the detention of Sea-Watch’s vessel Aurora⁵ in June 2023, the court requested that the UNHCR provide an assessment regarding Tunisia and the question of whether it is a “place of safety”. The UNHCR postponed the deadline on two occasions, even mentioning “very initial and delicate stages of discussions with the Tunisian Government regarding the national asylum system and support measures for refugees” – irrelevant to the case – and taking in the end 9 months to submit their report.
The Italy-Albania Deal is illegal
While initially announced for spring, during the second week of October 2024 Italy started the deportation of people to prison-like centers in Albania for the first time, where persons were supposed to be locked up for the time of their asylum request and directly deported afterwards. In the first attempt to make use of the deal, 16 people were selected for transfer – however, despite previous assessments, four of them fell under the criteria of vulnerability and were therefore brought to Italy upon arrival. For the remaining 12 people, the competent court in Rome did not validate the detention orders and instead ordered transfer to Italy shortly after. A second attempt occurred at the beginning of November 2024, where 8 people were deported to Albania. Again in this case, the court did not validate the detention and ordered transfer to Italy. The same happened during a third attempt in January 2025.⁶
2. Updates on our aerial operations with Seabird 1 and Seabird 2
3. Updates on our operations at sea with the Sea-Watch 5 and Aurora
¹ See: sea-watch.org/wp-content/uploads/2024/05/Frontex-Factsheet-2nd-Report.pdf, www.hrw.org/video-photos/interactive/2022/12/08/airborne-complicity-frontex-aerial-surveillance-enables-abuse
² See: www.refugeesinlibya.org/post/challenging-the-complicity-of-frontex-s-aerial-surveillance-activities-in-crimes-against-humanity
³ See: x.com/RefugesinLibya/status/184356181066 8245267, www.ilfattoquotidiano.it/2024/10/07/migranti-ong-contro-frontex-la-corte-di-giustizia-ue-impedisca-allagenzia-di-segnalare-le-imbarcazioni-al-la-guardia-costiera-libica/7721789/
⁴ In addition to the escalation of the “Piantedosi” Decree-Law, the “Flussi” Decree-Law also introduced a set of conditions for our aerial operations, copying the Piantedosi model to aerial assets. See the previous factsheet: sea-watch.org/en/quarterly-factsheet-july-september-2024/
⁵ See the press release related to this case: sea-watch.org/en/sea-watch-ship-aurora-detained-on-fabricated-grounds/
⁶ See: www.euractiv.com/section/politics/news/melonis-migration-de-al-with-albania-fails-once-again/
