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Italy officials say accused Libyan freed over ICC warrant ‘inaccuracies'
Italy officials say accused Libyan freed over ICC warrant ‘inaccuracies'

Al Jazeera

time05-02-2025

  • Politics
  • Al Jazeera

Italy officials say accused Libyan freed over ICC warrant ‘inaccuracies'

Italy had no choice but to free a Libyan officer wanted for war crimes by the International Criminal Court (ICC) because of mistakes and inaccuracies in the court's arrest warrant, the country's justice minister said. The allegation from Minister Carlo Nordio on Tuesday comes after authorities in Italy detained and then released Osama Elmasry Njeem on an ICC warrant that said he was suspected of the murder, torture, and rape of detainees in Libya. Njeem is the head of the Tripoli branch of the Reform and Rehabilitation Institution, a notorious network of detention centres. He was flown home to Tripoli two days after being taken into custody in Turin in January. The ICC, which has been investigating allegations of serious crimes committed in Libya since the country's 2011 civil war, demanded an explanation from Italy over why Njeem was freed, saying Rome let him go without any consultation. His release also triggered a legal investigation into Italy's Prime Minister Giorgia Meloni, two of her ministers, and a cabinet undersecretary. 'Huge, hasty mess' On Wednesday, Nordio, one of Meloni's ministers under investigation, told parliament the ICC's warrant was 'marked by inaccuracies, omissions, discrepancies and contradictory conclusions'. Nordio said there was 'uncertainty' in the warrant over when Njeem was suspected of committing the alleged crimes, saying the document stated alleged abuses were committed from 2015 to 2024, but later referred to crimes committed from 2011 onwards. The ICC later corrected the mistake when it publicly unsealed the warrant. 'It is my intention … to ask the ICC for justification of the inconsistencies,' Nordio said, adding the international court realised it made 'a huge, hasty mess'. Interior Minister Matteo Piantedosi, who also addressed parliament, said Njeem had been subsequently expelled from Italy following his release because he was viewed as dangerous. He denied claims by opposition leaders that Njeem had worked with Italy to help control migrant flows from Libya, or Rome faced external pressure to free him. Since 2017, Italy has had an agreement with the United Nations-backed Libyan Government of National Unity in Tripoli. Under the deal, Rome provides training and funding to the Libyan coast guard to deter the departures of migrants or return those already at sea back to Libya. Warring parties in Libya signed a ceasefire agreement in March 2020, but a political standoff has led to the formation of two separate governments in the North African country. The opposing body, the Government of National Stability, is based in the eastern city of Benghazi. 'I deny in the most categorical manner that … the government received any act or communication that could even remotely be considered a form of undue pressure,' Piantedosi said. Credibility 'tarnished' Italy's opposition leaders swiftly rejected the ministers' explanations and demanded that Meloni come in person to explain her government's decision. 'The international credibility of Italy has been tarnished by your decision to release a Libyan torturer,' said Elly Schlein, head of the main opposition group, the Democratic Party. 'What kind of country do we want to be, colleagues? On the side of the tortured or on the side of the torturers?' Schlein asked in parliament. Last week, Meloni revealed that Rome's chief prosecutor, Francesco Lo Voi, was investigating her, Nordio, Piantedosi and the cabinet undersecretary for intelligence matters, Alfredo Mantovano, over allegations they aided and abetted a crime and misused public funds. All four have denied the allegation and accused Lo Voi of politicising the case. Meloni and the two ministers have also been named in a complaint filed on Monday in Rome by a South Sudanese migrant who says he was tortured by Njeem in the Mitiga detention centre, east of Tripoli.

Libyan war crimes suspect freed because of errors in ICC warrant, Italy says
Libyan war crimes suspect freed because of errors in ICC warrant, Italy says

BBC News

time05-02-2025

  • Politics
  • BBC News

Libyan war crimes suspect freed because of errors in ICC warrant, Italy says

Italian Justice Minister Carlo Nordio has said Rome had no choice but to release a Libyan war crimes suspect due "errors and inaccuracies" in an arrest warrant issued by the International Criminal Court (ICC).Osama Almasri Najim, head of Libya's judicial police, was apprehended in Turin on 19 January. Two days later, he was released and flown back to Tripoli on an Italian air force Najim faces various charges including murder, rape, and torture linked to his role at Tripoli's Mitiga detention centre, and his release drew condemnation from opposition parties and NGOs. Addressing the Italian parliament on Wednesday, Carlo Nordio said the warrant that led to Mr Najim's detention was riddled with "inaccuracies, omissions, discrepancies and contradictory conclusions" which meant the Libyan citizen could not be held in Minister Matteo Piantedosi said Mr Najim was expelled as he was a "national security risk".Images shared by Libyan media showing a jubilant crowd welcoming Mr Najim back circulated widely on Italian media. The ICC has demanded an explanation from the Italian authorities. Elly Schlein, leader of the opposition Democratic Party (PD), accused Nordio of speaking not as a government minister but as a "defence lawyer for a torturer".Last week, Prime Minister Giorgia Meloni disclosed that she, Nordio and Piantedosi were under investigation in connection with Mr Najim's release. A special court that handles cases involving ministers has begun an Yambio, a 27-year-old from South Sudan who says he was abused in Tripoli's Mitiga prison, told the BBC that Italy was "complicit in the atrocities taking place in Libya".He says he first encountered Mr Najim after he was caught at sea while trying to cross the Mediterranean on a boat and was returned to he was forced to join a militia – which he says was "a pure nightmare" – Mr Yambio ended up in Mitiga, where he says he suffered months of torture. He also said he saw Mr Najim abuse other migrants."The injustice we suffered, and how Italy became complicit in our eyes, is clear. They took justice away from us.""Our torturer was in Italy, he was arrested, and then he was smuggled back to Libya," Mr Yambio a signatory to the ICC, Italy is legally bound to execute the court's critics suggest Italy's decision to free Mr Najim may have been influenced by its political and business ties with 2017, the centre-left government of Paolo Gentiloni forged a deal with Tripoli that saw Italy pay the Libyan coastguard to intercept migrant boats before they reach Italian have consistently criticised this policy, which they say exposes migrants to dire conditions in Libyan detention case has now dominated Italian headlines for weeks. Yet it is unlikely the investigation into Meloni, Nordio and Piantedosi will yield any meaningful consequences, given the government's solid parliamentary week, Meloni suggested that the investigation was part of a politically motivated attack from the left and said she would not be "blackmailed or intimidated".But some commentators believe that Libya's ability to leverage its relationship with Rome highlights Italy's vulnerability on migration – one of Meloni's flagship issues."While Meloni insists she is not susceptible to blackmail from the judiciary, she is highly vulnerable to Libya, given her fixation on migration," said Nathalie Tocci, director of Rome's Institute for International added that the issue had been "weaponised and exploited" by Libya."The implicit message is: either you release Mr Najim or we will let the migrant boats through."Libya plays a key role in the success of Meloni's Mattei Plan - an ambitious set of policies that aims to boost European co-operation with Africa in exchange for curbing irregular migration."The question of Libya is and remains a matter of... national security, meaning the safety of all citizens," former interior minister Marco Minniti told Italian newspaper Corriere della Sera. "A large part of national security is played out beyond national borders."For Mr Yambio and other survivors of the atrocities that Mr Najim is accused of, the release of the man they say tortured them is "a deep betrayal".In a letter to Giorgia Meloni, they called for an end to the Italy-Libya migration agreement, as well as the release of those still detained in Libyan camps."We are witnesses of so many crimes that Mr Najim is responsible for," Mr Yambio said.

Italy's justice minister defends repatriation of Libyan warlord wanted by ICC
Italy's justice minister defends repatriation of Libyan warlord wanted by ICC

Euronews

time05-02-2025

  • Politics
  • Euronews

Italy's justice minister defends repatriation of Libyan warlord wanted by ICC

Italy's justice minister vigorously defended the government's decision to repatriate a Libyan warlord wanted by the International Criminal Court (ICC), arguing on Wednesday that the court itself had made an 'immense mess' of the case with an inconsistent and flawed arrest warrant. Carlo Nordio told the lower house of the Italian parliament that he had acted cautiously regarding the 18 January warrant against Ossama Anjiem, also known as Ossama al-Masri, who is accused of war crimes and crimes against humanity. Nordio said the Hague-based court had later 'corrected, or rather completely overturned, the previous warrant' by amending the timeframe of al-Masri's alleged offences. 'The court itself detected the errors and attempted to amend them five days later, because it realised that an immense mess was made,' Nordio told his colleagues. The Italian government has faced sharp criticism from the ICC, human rights organisations, and opposition politicians for releasing al-Masri from detention on 21 January and deporting him to Libya on an Italian military aircraft. Al-Masri was detained in Turin on 19 January, a day after arriving from Germany to watch a football match. He heads the Tripoli branch of the Reform and Rehabilitation Institution, a network of detention centres controlled by the government-backed Special Defence Force. The ICC warrant, published on the court's website, accuses al-Masri of war crimes and crimes against humanity committed at Mitiga prison in Libya from 2015 onwards, including murder, torture, rape, and sexual violence — offences that carry a life sentence. However, the Italian government insists that Rome's court of appeal ordered his release due to a technical issue in how the ICC warrant was transmitted, as it initially bypassed the Italian justice ministry. Nordio reiterated this argument, stating he had only received an 'informal email of a few lines' from Interpol three hours after al-Masri's arrest. He also pointed to contradictions in the original warrant, which initially stated the crimes occurred between 2015 and 2024, but in its conclusions, referred to offences committed from '2011 onwards'. 'An irreconcilable contradiction emerges regarding an essential element of the arrestee's criminal conduct, regarding the time of the crime committed,' Nordio added. However, when the ICC publicly unsealed the warrant on 24 January, it issued an amended version to 'correct certain typographical and clerical errors'. The updated document confirmed the timeframe as 2015-2024. Accusations of breaching ICC obligations Human rights groups have condemned Italy's decision to repatriate al-Masri, calling it a major violation of its responsibilities as a founding member of the ICC. Under Article 89 of the Rome Statute, the treaty that established the court in 1998, signatories are obligated to comply with arrest and surrender requests. Opposition lawmakers have seized on the controversy to criticise Prime Minister Giorgia Meloni, demanding she personally address parliament on the matter. During Wednesday's session, they held up placards reading: 'Meloni, patriot at large'. Italy has strong ties with Libya's internationally recognised government, whose help it relies on to curb migration across the Mediterranean from the North African coast. Critics have accused Meloni's government of capitulating to pressure from Libyan militias, allegedly out of fears that had al-Masri been handed over to the ICC, they would retaliate by increasing the number of migrant boats sent towards Italy. However, Interior Minister Matteo Piantedosi, who also addressed parliament on Wednesday, dismissed any suggestion that al-Masri had acted as a government intermediary on migration issues. He also denied that Italy had received threats in connection with his arrest. Opposition leader Elly Schlein of the Democratic Party sharply criticised Nordio's defence, arguing that his legal justifications for dismissing the ICC warrant were misplaced. 'Minister Nordio, you didn't speak to this chamber as a minister, but as the defence lawyer of a torturer,' Schlein said. Nordio's critique of the ICC aligns with the government's broader attempt to shift focus onto the judiciary's handling of the case. Last week, Rome's chief prosecutor informed Meloni, Nordio, Piantedosi, and another senior official that they were under investigation for allegedly facilitating irregular migration by repatriating al-Masri. Meloni has spent days denouncing what she describes as political interference from Italy's judiciary and defending the government's decision, framing it as a matter of national security. 'When the security of the nation and the interests of Italians are in play, there is no room for backing down,' she wrote on X on 29 January.

Italy blames badly drafted ICC warrant for Libyan suspect's release
Italy blames badly drafted ICC warrant for Libyan suspect's release

Arab News

time05-02-2025

  • Politics
  • Arab News

Italy blames badly drafted ICC warrant for Libyan suspect's release

ROME: Italy's government shifted blame Wednesday for its much-criticized release of a Libyan war crimes suspect to the International Criminal Court (ICC), which it said had presented a poorly written arrest warrant. Osama Almasri Najim, the head of Libya's judicial police, was arrested in the northern Italian city of Turin on January 19 on an ICC warrant, only to be released and flown home to Tripoli two days later on an Italian air force plane. Opposition parties have denounced the decision to free a man wanted on charges including murder, rape and torture relating to his management of Tripoli's Mitiga detention center. Justice Minister Carlo Nordio told parliament Wednesday that Najim had been arrested on a warrant 'that I do not hesitate to define as characterised by inaccuracies, omissions, discrepancies and contradictory conclusions.' Najim was freed after an appeals court refused to validate his arrest. The justice minister said the court had noted discrepancies concerning dates within the arrest warrant, with crimes attributed to Najim in places dated to February 2011 and others to February 2015. 'An irreconcilable contradiction emerges regarding an essential element of the criminal conduct of the arrested person, regarding the time of the crime committed,' said Nordio, citing 'patent, gross and serious contradictions' within the warrant. The ICC six days later sent a 'corrected version' of the arrest warrant, Nordio said, including the dissenting opinion of a judge who had questioned a lack of jurisdiction by the court. AFP asked for comment from the ICC, but did not immediately receive a response. Prime Minister Giorgia Meloni revealed last week that she, Nordio and Interior Minister Matteo Piantedosi were under investigation over the case. A complaint had been made to a Rome prosecutor, who passed it onto the special court that considers cases against ministers. Elly Schlein, leader of the center-left opposition Democratic Party, said Wednesday that Italy's 'international credibility has been tarnished' by the case. And she called again for Meloni to come to parliament herself to explain what she said was the government's 'deliberate choice... to free and escort home a Libyan torturer.' 'What kind of country do we want to be, colleagues? On the side of the tortured or on the side of the torturers?' Schlein asked in parliament. Piantedosi spoke to MPs shortly after Nordio, where he repeated that once Najim had been released from custody, he was deemed too dangerous to remain in Italy. He denied suggestions that Italy had bowed to pressure from Libya in repatriating Najim. Some opposition politicians have alleged the suspect was sent home to avoid jeopardizing relations with Libya. Italy has a controversial agreement dating from 2017 with the UN-backed Libyan government in Tripoli in which Rome provides training and funding to the Libyan coast guard for help deterring the departures of migrants, or returning those already at sea back to Libya. 'I deny in the most categorical manner that... the government received any act or communication that could even remotely be considered a form of undue pressure,' Piantedosi said.

Italy says it freed Libyan officer because of errors in ICC warrant
Italy says it freed Libyan officer because of errors in ICC warrant

Yahoo

time05-02-2025

  • Politics
  • Yahoo

Italy says it freed Libyan officer because of errors in ICC warrant

By Angelo Amante ROME (Reuters) - Italy's justice minister said on Wednesday Rome had no choice but to free a Libyan military officer wanted for war crimes by the International Criminal Court because of what he described as mistakes and inaccuracies in the court's arrest warrant. Osama Elmasry Njeem was released and flown home to Tripoli two days after being detained last month in northern Italy on the back of the ICC warrant which said he was suspected of the murder, torture and rape of detainees in Libya. See for yourself — The Yodel is the go-to source for daily news, entertainment and feel-good stories. By signing up, you agree to our Terms and Privacy Policy. His release sparked outrage among Italian opposition parties and triggered a legal investigation into Prime Minister Giorgia Meloni, two of her ministers and a cabinet undersecretary. One of those under investigation, Justice Minister Carlo Nordio, told parliament the warrant had been "marked by inaccuracies, omissions, discrepancies and contradictory conclusions". Representatives of the court and its prosecutor did not immediately respond to requests for a reaction to the comments. Nordio said there was "uncertainty" in the warrant over when Njeem was suspected of committing the alleged crimes, saying the document suggested they had started in February 2011 and later referred to February 2015. "It is my intention ... to ask the ICC for justification of the inconsistencies," Nordio said, adding that the Court had realised it had made "a huge, hasty mess" and corrected the document a few days after it was first issued. Interior Minister Matteo Piantedosi, who also addressed the house, reiterated that a decision to expel Njeem following his release was because he was viewed as dangerous. He denied suggestions from the opposition that Njeem had worked with Italy to help control migrant flows from Libya, or that Rome had faced external pressure to free him. The ICC, which has been investigating allegations of serious crimes committed in Libya since the country's 2011 civil war, has demanded an explanation over why Njeem was freed, saying Rome let him go without any consultation. Opposition leaders rejected the explanations provided by the justice and interior ministers and demanded that Meloni come in person to explain her government's decision. "The international credibility of Italy has been tarnished by your decision to release a Libyan torturer," said Elly Schlein, head of main opposition group the Democratic Party. Rome's chief prosecutor, Francesco Le Voi, said last week that Meloni, Nordio, Piantedosi and the cabinet undersecretary for intelligence matters, Alfredo Mantovano, were under investigation over allegations they aided and abetted a crime and misused public funds. All four have denied the suggestion and accused Le Voi of politicising the case. Being placed under investigation in Italy does not imply guilt, nor mean that formal charges will necessarily follow.

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