In a national scandal for Prime Minister Giorgia Meloni’s government, Al-Masri was released two days after his arrest and returned to Libya on an Italian state jet.
Prosecutors in Rome investigating the case said Al-Masri’s militia was part of Libya’s state security and worked with Italian security to stop illegal boat departures from Libya. The Italian government stated the action was for national security and that Al-Masri was also wanted in Libya for a similar case.
Two migrants are now suing Italy, claiming torture in a detention center controlled by Al-Masri. The Sudanese man reported being forced to fight in the militia, while the Ivory Coast national said she faced sexual violence and mistreatment.
The plaintiffs argue that Italy’s failure to enforce the ICC’s arrest warrant violated their rights under the European Convention on Human Rights, resulting in a denial of justice.
The ECHR has officially informed Italy about both cases and will decide on their admissibility. Last month, the ICC announced that Italy was referred to its Assembly of States Parties regarding the Al-Masri case.
Amid international criticism, Al-Masri was removed from his position and arrested in Libya. He is challenging the ICC’s jurisdiction and has filed an appeal.
The Italian government did not immediately comment.
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