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Thodoris Chondrogiannos
Issue of international law violations in the Chios shipwreck
05 • 02 • 2026

In February 2026, international and domestic human rights organisations raised concerns about whether the Greek authorities violated national legislation, EU law, and international law in relation to the deadly Chios shipwreck.

In February 2026, international and domestic human rights organisations and bodies intervened publicly regarding whether the Greek authorities violated national legislation and international law in connection with the Chios shipwreck of 4 February 2026, which resulted in the deaths of 15 people and the serious injury of 24 others (at least 11 of whom were children), following a collision between a Coast Guard vessel and a boat carrying refugees.

Beyond the intervention of the judiciary, a Sworn Administrative Inquiry (ΕΔΕ) was ordered against a Coast Guard officer. According to reporting by Kathimerini, the Coast Guard vessel involved had not activated its onboard camera at the time of the incident.

More specifically, on 4 February, the Greek National Commission for Human Rights (GNCHR) – the independent advisory body to the Greek state on human rights issues – issued a statement noting that any incident involving loss of life at sea requires an immediate, thorough, and transparent reconstruction of the facts, and must be investigated with full openness, impartiality, and in line with internationally recognised standards. This includes, in particular, a precise account of the circumstances of the collision, the collection of reliable testimonies from survivors and rescue personnel, the assessment of all available material such as video footage, radar data, and communications, and the prompt notification of victims’ families and the public about the investigation’s findings. 

The GNCHR added that timely and credible investigations into such incidents are essential for safeguarding the rule of law and maintaining public trust in state institutions. Referring to the Farmakonisi shipwreck, the Commission recalled that Greece was condemned by the European Court of Human Rights in Safi and Others v. Greece (5418/15), not only because lives were lost, but primarily because the authorities failed to conduct an adequate investigation, thereby breaching the procedural obligations under Article 2 of the European Convention on Human Rights (right to life). The Court found that the shortcomings in the inquiry were so serious that they could not shed sufficient light on how the shipwreck occurred. This case law makes clear that a prompt, effective, and transparent investigation into the circumstances that led to such a tragedy is a distinct and fundamental obligation of a state governed by the rule of law.

The Ombudsman also stressed to the Coast Guard that the incident must be examined impartially and thoroughly, recalling that, according to the case‑law of the ECtHR in judgments against Greece, the primary obligation during border‑control operations at sea is the protection of human life.  The constitutionally established independent authority explained that, as the National Mechanism for Investigating Arbitrary Incidents, it had pointed out to the Coast Guard the investigative standards required under ECtHR case‑law in similar cases involving shipwrecks, dangerous manoeuvres, or shootings by Coast Guard personnel. These standards, the Ombudsman noted, must also guide the current administrative inquiry. They include ensuring that the investigation is independent not only from the officers involved but also from colleagues responsible for preliminary fact‑finding; taking all reasonable steps needed to clarify the incident; securing every objective piece of evidence, such as footage from Coast Guard cameras or mobile phones, recorded communications with the Operations Centre, full forensic reports, expert assessments of the vessels, raising the sunken boat if necessary, and ballistic examinations if gunfire is alleged; and obtaining statements from the widest possible range of witnesses, including survivors and rescue personnel. The Ombudsman added that the inquiry must also examine whether the operation was organised in a way that minimised risks to life, whether alternatives to pursuit were available, and ultimately determine whether the operation was focused on safeguarding the lives of those on board

The HLHR noted that the circumstances of the incident remain unclear. Based on the information released so far, however, it appears that the Coast Guard conducted a deterrence operation using a high‑speed patrol vessel rather than a rescue operation. The organisation stressed that choosing deterrence over rescue, especially when dealing with an overcrowded and possibly unseaworthy boat already within Greek territorial waters and close to shore, raises serious concerns about the Coast Guard’s role in protecting life at sea and the priority given to human safety. 

The HLHR added that the ECtHR has repeatedly condemned Greece for violations of the right to life (Article 2 ECHR) during border‑control operations carried out by the Coast Guard. In several cases (including Safi, F.M., Alkhatib, Almukhlas & Al‑Maliki), the Court found that when the Coast Guard encountered refugee boats, protecting life was neither the aim nor the priority of the operation. According to this case‑law, in similar fatal incidents, the authorities had not planned their operations with the necessary attention to the risks to life and physical integrity of all passengers, nor had they exercised the required diligence to minimise danger

The organisation concluded that a prompt, effective, and transparent investigation into the circumstances of the tragedy is a core obligation of a state governed by the rule of law. It also emphasised that protecting human life at sea is an absolute legal duty, regardless of the identity or legal status of those on board. 

UNHCR stressed the need for full transparency and clarification of the facts in such maritime operations, noting that the Chios incident is not an isolated case. It highlighted that between 2015 and 2025, 3,148 people died or went missing in the Aegean Sea. UNHCR added that safeguarding human life at sea is both a legal and humanitarian imperative, requiring cooperation among all actors. 

  1. The 1982 UNITED NATIONS CONVENTION ON THE LAW OF THE SEA (UNCLOS) provides that states, ‘… promote the establishment, operation and maintenance of an adequate and effective search and rescue service regarding safety on and over the sea and, where circumstances so require, by way of  mutual  regional  arrangements  co-operate  with  neighbouring States for this purpose’ (Article 98(2)).
  2. 1974  INTERNATIONAL  CONVENTION  FOR  THE  SAFETY  OF LIFE AT SEA (SOLAS CONVENTION) obliges states to: ‘…ensure  that  necessary  arrangements  are  made  for  distress communication  and  co-ordination  in  their  area  of  responsibility and for the rescue of persons in distress at sea around its coasts. These arrangements shall include the establishment, operation and maintenance  of  such  search  and  rescue  facilities  as  are  deemed practicable and necessary …’ (SOLAS regulation V/7)
  3. 1979 INTERNATIONAL CONVENTION ON MARITIME SEARCH AND RESCUE (SAR CONVENTION) obliges states to:‘… ensure that assistance [is] provided to any person in distress at sea … regardless of the nationality or status of such a person or the circumstances in which that person is found’ (Chapter 2.1.10) and to ‘… provide for their initial medical or other needs, and deliver them to a place of safety’ (Chapter 1.3.2).
Where is the problem with the rule of law?

In a state governed by the rule of law, authorities must comply with international legal standards on search and rescue at sea, as well as with the rules governing international protection for refugees fleeing war, authoritarian or undemocratic regimes, or other dangers in their countries of origin. This includes refraining from unlawful expulsions or pushbacks of asylum seekers.

As the UNHCR has underlined, European law requires that border‑surveillance measures be carried out in full respect of human rights and refugee law, including the 1951 Refugee Convention. It has also stressed that states must honour their obligations and uphold fundamental rights, such as the right to life and the right to seek asylum.

In the case at hand, however, serious concerns arise as to whether the Greek authorities breached national legislation, EU law, and international law in relation to the Chios shipwreck. The incident must therefore be examined independently and effectively by the competent state and judicial bodies.

Thodoris Chondrogiannos
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