An investigation by Amsterdam-based collaborative journalism team Lighthouse Reports has uncovered evidence that Italy and the European border agency, Frontex, were involved in a cover-up relating to key information regarding the deadly February 2023 shipwreck near the Italian town of Cutro, Calabria.

Italy previously said it would have launched a rescue mission had it known enough in time. However, Lighthouse Reports says it has now uncovered evidence to show Italy lied and Frontex helped in a cover-up which resulted in the death of at least 94 people, including 35 children.

Italy's prime minister Giorgia Meloni had previously refuted allegations of inaction by the Italian Coast Guard stating: “Do you think Italy could have saved the lives of 60+ people including some children and didn't?”

Leaked confidential Frontex mission reports obtained by Lighthouse Reports show that a plane operated by the border agency had in fact reported signs of distress to both Frontex and Italian authorities.

Operators reportedly had warned about "strong winds" in the Ionian Sea several hours ahead of the flight. According to the reports, Frontex was then able to detect the vessel by tracking multiple satellite phone calls made by the boat's passengers throughout the day.

According to Lighthouse Reports, Frontex concealed the fact that their pilot had signalled strong winds to their control room during the surveillance flight.

A need for transparency and accountability

Responding to the recent findings, Eve Geddie, Director of Amnesty International’s European Institutions Office, said: "Instead of shirking their responsibilities and passing the buck between themselves, Frontex and the Italian authorities should be transparent about what might have gone wrong.

"Where they fail to save lives ... they need to ensure that lessons are learnt and there is accountability for any wrongdoing," he added.

The investigation also revealed a detailed account of calls from both passengers and the pilot which suggest that the European border agency knew it was potentially a migrant vessel. In a statement Frontex admitted that although only one person was visible on the deck of the boat, thermal cameras detected "a significant thermal response from the open hatches at the bow" and other indications of a large number of people below deck.

The high level thermal response, according to Frontex’s press office, is a further indication of the presence of an "unusual" number of people on board.

Maritime law, duty to respond to distress calls

Under international maritime law, a number of obligations are imposed on states in relation to search and rescue, including arrangements for the prompt coordination of rescue operations in their area of responsibility of boats in distress. All EU coastal states are bound by these conventions, which set out the state's duties in terms of responding to and coordinating distress cases and and arranging for disembarkation.

Despite a number of key factors indicating the boat was in distress, the Italian maritime authorities did not launch a search and rescue operation. Under Frontex’s own rules and Italy’s national and international legal obligations, bad weather, a lack of life vests and overcrowding constitute signs of distress which would warrant a response by the coast guard.

Most of the passengers aboard the vessel were from Afghanistan. Geddie points out that although European politicians have been vocal about the horrors inflicted by the Taliban on civilians, "they have failed to provide enough safe and regular routes for Afghan people, which forces them to make perilous journeys in search of safety."

He added that the EU’s "scandalous externalization of responsibility for refugees to third countries must give way to policies that focus on rescuing lives at sea and increasing opportunities for safe and regular mobility."