A/HRC/56/60 (principle 2 (5)). Specifically, principle 9 (4) provides that: “States shall establish or reinforce mechanisms for searching for migrants who have gone missing or disappeared within their territory and on the high seas.” 28. The Special Rapporteur highlights the commitment made by States engaged in the Bali Process, including to victim-centred and protection-sensitive strategies and to further capacity-building of the relevant agencies in search and rescue operations.42 29. The Special Rapporteur highlights also that effective protection of the right to life imposes procedural obligations under international human rights law, including obligations to conduct effective investigations and to ensure accountability for alleged failures of protection. In Safi v. Greece,43 the European Court of Human Rights found that the steps taken by the authorities, namely the initiation of criminal proceedings against coastguard personnel, were insufficient, leading to the finding of a violation of the procedural aspect of article 2. The Human Rights Committee found a violation of the due diligence obligations arising under article 6 (1) of the International Covenant on Civil and Political Rights due to a failure to respond promptly to a distress call, in the absence of a clear explanation for that failure.44 The high numbers of deaths and disappearances of migrants and refugees crossing the Mediterranean Sea has been an ongoing serious concern, raising urgent questions of how and whether States and other actors, including Frontex, are meeting their obligation to ensure the protection of the right to life and other fundamental rights. Following the deaths and disappearances of an estimated 600 persons in the Adriana shipwreck on 14 June 2023, an investigation was launched by the European Ombudsman into the compliance of Frontex with its fundamental rights obligations concerning search and rescue in the context of its maritime surveillance activities, in particular in relation to the Adriana shipwreck. The Ombudsman concluded, inter alia, that there was a need for greater clarity on roles and responsibilities and, importantly, on the nature of Frontex’s cooperation with national authorities and, significantly, that there was a failure to ensure Frontex’s fundamental rights monitors were sufficiently involved in decision-making on maritime emergencies detected during Frontex’s surveillance activities.45 V. Identification, assistance and protection: disembarkation and places of safety 30. The Special Rapporteur recalls that a place of safety must be interpreted as meaning a place that can ensure protection of the rights of those disembarked, including, specifically, the rights of victims and potential victims of trafficking, as well as the prevention of trafficking in persons, “since the notion of ‘safety’ extends beyond mere protection from physical danger and must also take into account the fundamental rights dimension of the proposed place of disembarkation”.46 States are required to ensure respect for human rights principles, including access to relevant procedures, the prohibition of refoulement and avoiding serious harm or other risks.47 31. The positive obligation on States to identify victims of trafficking and persons at risk of trafficking continues to apply at sea, including during search and rescue operations. It also applies at disembarkation, imposing obligations on both flag States and port States. The obligations on States to identify and protect victims of trafficking and persons at risk of trafficking are positive obligations, not dependent on self-identification, and must take account of the trauma endured by victims of trafficking, ensuring gender equality, the best 42 43 44 45 46 47 GE.24-06692 Bali Declaration on People Smuggling, Trafficking in Persons, and Related Transnational Crime, (para. 5), reinforced by the 2023 Adelaide Strategy for Cooperation. European Court of Human Rights, Safi v. Greece, application No. 5418/15, Judgment, 7 July 2022. A.S. et al. v. Italy (CCPR/C/130/D/3042/2017). para. 8.5. See www.ombudsman.europa.eu/en/case/en/63451. Council of Europe Parliamentary Assembly resolution 1821 (2011) on the interception and rescue at sea of asylum seekers, refugees and irregular migrants, para. 9.5. UNHCR and others, Joint Statement on Place of Safety, “The concept of place of safety under international law and the respect of the rights of migrants and refugees rescued at sea by all States” (May 2022). 9