Italy government under fire for releasing Libyan warlord accused of war crimes

ROME — Human rights groups and Italian opposition lawmakers voiced outrage Wednesday after Italy released a Libyan warlord on a technicality, after he was arrested on a warrant from the International Criminal Court accusing him of war crimes and crimes against humanity.

Italian Justice Minister Carlo Nordio was grilled about Tuesday's release of Ossama Anjiem, also known as Ossama al-Masri, who heads the Tripoli branch of the Reform and Rehabilitation Institution, a notorious network of detention centers run by the government-backed Special Defense Force.

Nordio didn't respond when asked to provide details or to reaffirm Italy's commitment to upholding international justice.

''This is a stunning blow to victims, survivors and international justice and a missed opportunity to break the cycle of impunity in Libya,'' said Amnesty International's Esther Major, deputy director of research for Europe.

The ICC warrant, dated Jan. 18 and referenced in Italian court papers, accuses al-Masri of war crimes and crimes against humanity committed in the Mitiga prison in Libya starting in 2011, punishable with life in prison.

Al-Masri was arrested Sunday in Turin, where he reportedly had attended the Juventus-Milan soccer match the night before.

Rome's court of appeals ordered him freed Tuesday, and he was sent back to Libya aboard an aircraft of the Italian secret services, because of what the appeals court said was a procedural error in his arrest. The ruling said Nordio should have been informed ahead of time, since the justice ministry handles all relations with The Hague-based court.

Al-Masri returned to Tripoli late Tuesday, received at the Mitiga airport by supporters who celebrated his release, according to local media. Footage circulated online showed dozens of young men chanting and carrying what appeared to be al-Masri on their shoulders.

Opposition lawmakers from several parties voiced outrage and demanded clarity, with former Premier Matteo Renzi accusing the right-wing government of hypocrisy given its stated crackdown on human traffickers.

''But when a trafficker whom the International Criminal Court tells us is a dangerous criminal lands on your table, it's not like you chase him down, you brought him home to Libya with a plane of the Italian secret services,'' said Renzi of the Italia Viva party. ''Either you've gone crazy or this is the image of a hypocritical, indecent government.''

The Democratic Party demanded Premier Giorgia Meloni respond specifically to parliament about the case, saying it raised ''grave questions'' given the known abuses in Libyan prisons for which Al-Masri is accused.

Italy has close ties to the internationally recognized government in Tripoli and any trial in The Hague of al-Masri could bring unwanted attention to Italy's migration policies and its support of the Libyan coast guard, which it has financed to prevent migrants from leaving.

Human rights groups have documented gross abuses in the Libyan detention facilities where migrants are kept, and have accused Italy of being complicit in their mistreatment.

''It's critical to understand why al-Masri was in Italy and why he was freed with such urgency despite the international arrest warrant,'' said the Democratic lawmaker Paolo Ciani. He said the choice ''appeared to be political."

Another senator noted that the plane sent to retrieve al-Masri was sent to Turin before the Rome appeals court had even ruled, suggesting the decision to send him home had been already made by Meloni's office, which is responsible for the Italian secret services.

Two humanitarian groups, Mediterranea Saving Humans and Refugees in Libya, which have documented abuses committed against migrants in Libyan detention facilities, said they were incredulous that Italy let al-Masri go.

''Those of us who managed to survive had believed that it was really possible not only to get justice, but more importantly to prevent this criminal from still acting undisturbed,'' they said in a joint statement. ''Instead, in recent days we have witnessed something shameful, unbelievable in how brazenly it has been conducted.''

But Tarik Lamloum, a Libyan activist working with the Belaady Organization for Human Rights which focuses on migrants in Libya, said Italy's release of al-Masri was expected. He said his release shows the power of militias who control the flow of migrants to Europe through Libya's shores.

''Tripoli militias are able to pressure (Italy) because they control the migrants file,'' he told The Associated Press.

Militias in western Libya are part of the official state forces tasked with intercepting migrants at sea, including in the EU-trained coast guard. They also run state detention centers, where abuses of migrants are common.

As a result, militias — some of them led by warlords the U.N. has sanctioned for abuses — benefit from millions in funds the European Union gives to Libya to stop the migrant flow to Europe.

Amnesty International said Italy should have turned al-Masri over to the ICC immediately and said the procedural error involved in his arrest was no excuse.

''The failure of the Italian authorities to follow internal procedures is not a valid reason for not fulfilling their obligations'' as an ICC member, Amnesty said.

The ICC prosecutor's office didn't respond to requests for comment. The European Commission spokesman reaffirmed all EU members had pledged to cooperate with the court.

''We respect the court's impartiality and we are fully attached to international criminal justice to combat impunity," said EU commission spokesman Anouar El Anouni. In a 2023 summit, the EU leaders committed ''to cooperate fully with the court, including rapid execution of any pending arrests,'' he added.

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Magdy reported from Cairo. Raf Casert in Brussels contributed.