Italy to answer to European Court of Human Rights after failure to surrender suspected Libyan torturer to the ICC

Survivor of Almasri’s abuse at detention site files complaint

BERLIN / ROME, OCTOBER 14, 2025

A torture survivor, who was unlawfully detained in Libya, has filed an application to the European Court of Human Rights against Italy for its failure to cooperate in the investigation and prosecution by the International Criminal Court (ICC) of a high-ranking Libyan official wanted for crimes against humanity and war crimes. Osama Elmasry Njeem (also known as Almasri), a senior member of the Special Deterrence Force for Combatting Terrorism and Organized Crime (“Al-Radaa”), was in charge of one of the detention centers where the applicant was detained.

Following its failure to cooperate with the ICC arrest warrant for Almasri, Italy must now answer to the European Court of Human Rights. The application on behalf of the survivor (anonymous for protection reasons) was submitted by a legal team led by professors Andrea Saccucci and Chantal Meloni with the support of the European Center for Constitutional and Human Rights (ECCHR) and Refugees in Libya. After a preliminary review, the application was formally registered and the case will be examined by the Court.

“For the first time, the European Court of Human Rights will consider a State’s refusal to surrender a suspect wanted by the ICC. The applicant’s life was put in severe danger not only at the hands of Almasri while he was detained in Libya, but also by Italy’s failure to fulfil its legal obligations and to surrender the suspect,” says Chantal Meloni, one of the applicant’s representing lawyers in Italy. “Italy’s conduct violates the duty of States to cooperate with international justice mechanisms and to conduct effective investigations into violations of the right to life and prohibition on torture, under Articles 2 and 3 of the Convention. By releasing Almasri, Italy obstructed justice and denied victims any prospect of accountability.”

The applicant, a sub-Saharan African, was taken by the so-called Libyan Coast Guard, an entity which receives substantial funding as well as equipment and training from the EU and Italy, while crossing the Central Mediterranean in a rubber boat. The applicant was unlawfully detained at a number of Libyan detention sites controlled by Alsmasry, including the Mitiga army base, where he was subjected to forced labor and torture. He later managed to escape and now resides in Italy.

The ICC has been investigating grave crimes committed against migrants and refugees since 2017, within the Libya Situation. Accused of committing and overseeing murder, torture, rape and other forms of sexualized violence, an arrest warrant for Almasri was issued by the ICC on 18 January 2025. After entering the EU, on urgent notice by Interpol, Italian police arrested the suspect. Due to the failure of the Justice Minister to fulfil his cooperation duties under Italian law and the ICC Statute, Almasri’s release was ordered by Rome’s Court of Appeal and the suspect was rushed to Libya on an Italian state-owned plane.

“Italy and Libya must end their deadly collaboration,” says a spokesperson for Refugees in Libya. “By releasing Almasri, the Italian government has victimized the survivors all over again.” After an initial investigation, the Italian parliament last week voted not to authorize a criminal investigation into Justice Minister Carlo Nordio, Interior Minister Matteo Piantedosi and Cabinet Secretary Alfredo Mantovano, for their unlawful behaviour, which obstructed justice, nullifying efforts to prosecute Almasri at the ICC. “Italy must be held accountable for its role in enabling international crimes committed in Libya, as well as shielding officials both in Libya and Italy from indictment,” says Allison West, senior legal advisor at ECCHR, which supported the filing of the case. “This case shows that cooperation with the ICC is not optional—it forms part of states’ international obligations to investigate and prevent torture and other grave crimes under the European Convention on Human Rights.”  This week, Italy and Libya are poised to renew a Memorandum of Understanding first signed in 2017 which provides EU funding and FRONTEX coordination to train, finance and equip Libyan forces. Extensive documentation shows these forces are responsible for the systematic arrest, detention, torture and enslavement of those they capture at sea. A campaign by Refugees in Libya calls to stop the memorandum, to stop enabling torturers, end impunity and offer safe alternatives to people stuck in the cycle of torture in Libya.