The Italian government released Osama El-Masry Njeim unexpectedly due to legal complications.
The International Criminal Court has demanded answers from Italy about why it released a Libyan man suspected of crimes against humanity and war crimes, as well as murder, torture and rape.
Italy arrested Osama El Masry Njeim, also known as Osama El Masry Njeim, on Sunday in Turin after receiving a tip off from The Hague-based International Criminal Court, which issued an international arrest warrant against him.
However, the Italian government unexpectedly released him on Tuesday due to legal proceedings. He was then transferred on an official state plane to Tripoli.
Njeim is the head of the Tripoli branch of the Correction and Rehabilitation Institution, a notorious network of detention centers run by the government-backed Special Defense Force.
Njeim is believed to have been in charge of the Mitiga detention center in Tripoli, and has been wanted on charges including murder, rape, sexual violence and torture, since February 15, 2015.
The ICC said the alleged crimes were committed against the detainees because of their religion, “immoral behaviour,” or alleged support for or affiliation with other armed groups.
The International Criminal Court, which is investigating alleged serious crimes committed in Libya since the country’s 2011 civil war, said in a statement that it urged Italy to contact its staff if there were any problems with the arrest.
But she said that Njeim was released without prior notice or consultation.
“The court is seeking, but has not yet obtained, verification from the authorities regarding the steps said to have been taken,” the ICC said.
The ICC statement said: “The Court recalls the duty of all (member states) to cooperate fully with the Court in its investigations and prosecutions of crimes.”
Neither Prime Minister Giorgia Meloni’s office nor the Ministry of Justice commented on the case.
Technology
The Italian government released the warlord on technical grounds, citing a procedural error in his arrest.
The ruling by a Rome court, which secured the release of the prisoners, said that Justice Minister Carlo Nordio should have been informed in advance, because the Ministry of Justice handles all relations with the ICC.
The Italian government has close relations with the internationally recognized government in Tripoli.
Any trial in The Hague for Najm would have drawn unwanted attention to Italy’s immigration policies and its support for the Libyan Coast Guard, which it funded to prevent migrants from leaving.
“This is a devastating blow to victims, survivors and international justice, and a missed opportunity to break the cycle of impunity in Libya,” said Esther Major, Amnesty International’s Deputy Director for Europe Research.
Despite the Italian move, a European Commission spokesman reiterated that all 27 EU member states are committed to cooperating with the court.
European Commission spokesman Anwar al-Anouni said: “We respect the court’s impartiality and are fully committed to international criminal justice to combat impunity.” He added that EU leaders committed at the 2023 summit “to fully cooperate with the court, including the rapid implementation of any pending arrests.”
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