(ANSA) - ROME, FEB 6 - The Hague-based International Criminal
Court (ICC) has opened a probe into the Italian government's
alleged obstruction of the administration of justice over the
release of Libyan general Osama Almasri and flight back home to
Libya following his January 19 arrest by Italian authorities on
an ICC warrant, the online edition of the Avvenire newspaper
reported on Thursday.
The ICC reportedly opened an investigation into whether
decisions taken by the government "hindered the administration
of justice under article 70 of the Statute of Rome" on the case
of the Libyan judicial police chief who is wanted by the ICC for
alleged crimes against humanity and war crimes, including
murder, torture, rape and sexual violence, allegedly committed
in Libya from February 2015 onwards.
His release has sparked an outcry and led the ICC to request
clarification.
Article 70 of the Rome Statute deals with acts punishable by the
Court as offences against the administration of justice.
The probe was opened after a Sudanese refugee filed a complaint
against Premier Giorgia Meloni, Justice Minister Carlo Nordio
and Interior Minister Matteo Piantedosi, Avvenire reported.
The Sudanese refugee who filed the complaint had already
reported to international investigators in 2019 that he and his
wife had allegedly been tortured by the Libyan general, the head
of the notorious Mitiga detention facility, when they were held
in Libya.
In the 23-page complaint he has filed now, the asylum seeker, a
Sudanese citizen from Darfur who has been granted refugee status
in France, said he was a victim of numerous crimes together with
his wife and several others.
In 2019, Avvenire reports, the man had provided "ample evidence"
to the prosecutor's office in The Hague which he claimed
implicated high European Union and Italian officials, including
former premiers and ministers whom he said had favoured crimes
against humanity in Libya.
His account as a witness was included in court papers attached
to the arrest warrant against Almasri, per the report.
Avvenire wrote that the man's lawyers are working to correct the
first complaint, which contained mistakes, including the
indication that the Libyan general was "in Italy for 12 days",
while Almasri travelled to the country on January 18 and was
flown back to Libya on an Italian secret services plane on
January 22 after being released by Rome's appeals court on a
technicality.
The article says that, "according to the prosecution, which
lists Meloni, Nordio and Piantedosi as 'suspects', the
representatives of the Italian government did not hand over
Almasri to the International Criminal Court".
"They abused their executive powers to disregard international
and national obligations", allegedly breaching in particular
article 70 of the Statute of Rome which regulates measures
against those who hinder international justice, the report also
said.
Under the article, "the Court shall have jurisdiction over the
following offences against its administration of justice when
committed intentionally", including , "obstructing or
interfering with the attendance or testimony of a witness".
(ANSA).
ICC probing government on Almasri case - media
After Sudanese citizen filed complaints, Avvenire reports