But Al-Masri as released within just two days of his arrest and sent back to Libya on an Italian state jet, in what became a national scandal for Prime Minister Giorgia Meloni’s government.
According to prosecutors investigating the case in Rome, Al-Masri’s militia was part of the state security apparatus and collaborated with Italian security services in blocking illegal boat departures from Libya. The Italian government claimed it acted in interest of national security and that Al-Masri was wanted in Libya for a similar investigation.
The two migrants now suing Italy claim they were tortured in a detention center controlled by Al-Masri. The Sudanese man said he was forced to fight in the militia, while the Ivory Coast national said she was subject to sexual violence and ill-treatment.
The plaintiffs allege that Italy’s failure to enforce the ICC’s arrest warrant breached their right to life and the prohibition of torture under the European Convention of Human Rights, leading to a denial of justice.
The ECHR said it had officially notified Italy of both cases and will now decide if they are admissible. The ICC announced last month that Italy has been referred to its Assembly of States Parties — the court’s oversight and legislative body — over the Al-Masri case.
Following international outrage, Al-Masri was removed from his post and arrested in Libya. He is now appealing the ICC’s jurisdiction over his case.
The Italian government did not immediately respond to a request for comment.