Almasri case: Authorization to proceed requested for Nordio, Piantedosi, and Mantovano

The Tribunal of Ministers has requested authorization to proceed in the Almasri case against Undersecretary Alfredo Mantovano , Interior Minister Matteo Piantedosi and Justice Minister Carlo Nordio .

They are all charged with aggravated aiding and abetting, Mantovano and Piantedosi are also charged with aggravated embezzlement, while Nordio is also charged with the aggravated crime of refusing to perform official duties.

In the 90-page request, the judges reconstruct the facts, in chronological order - from the request for the arrest of the Libyan criminal by the International Criminal Court up to his release and repatriation to Tripoli on an Italian state flight .

"Both the Council and the Chamber will cast three separate votes, with an open vote in the Council and a secret vote in the Chamber, which will vote definitively by October." This was announced by Devis Dori, president of the Chamber's Authorizations Committee, who also specified that the Council will invite Undersecretary Alfredo Mantovano and ministers Matteo Piantedosi and Carlo Nordio, under investigation in the Almasri case, "to provide their clarifications." Dori confirmed that today's presidency "unanimously decided on the timing of the examination of the documents sent by the Tribunal of Ministers," effectively "beginning the work. The report for the Chamber will be ready by the end of September" and "at least five sessions will be held."

Prime Minister Giorgia Meloni shared updates on the Tribunal of Ministers' decision to shelve its position on the Almasri case in a social media post, revealing her outrage.

"This is a patently absurd thesis. Unlike some of my predecessors who distanced themselves from a minister in similar situations, I maintain that this government acts cohesively under my leadership: every decision, especially such important ones, is agreed upon. It is therefore absurd to ask that Piantedosi, Nordio, and Mantovano be tried, and not myself, before them. On the merits, I reiterate the correctness of the entire government's actions," she continued, "which has had as its sole compass the protection of the safety of Italians. I said this publicly immediately after learning of the entry in the register of suspects, and I will reiterate it in Parliament, sitting next to Piantedosi, Nordio, and Mantovano when we vote on the authorization to proceed," the Prime Minister concluded.

"Meloni's words in claiming a decision agreed upon with her government ministers regarding the Almasri affair are an admission of her own responsibilities. The Prosecutor's Office should reopen the investigation in the face of such a new development," said Francesco Romeo, lawyer for Lam Magok, a victim of torture by Libyan General Almasri, regarding the dismissal of Prime Minister Giorgia Meloni's case by the Tribunal of Ministers.

"In this affair, there are crimes that are prosecutable ex officio," he adds. "A dismissal is not a definitive decision; it can always be questioned if new elements emerge, as in this case. If Meloni is convinced she did everything right, then she and the ministers can calmly face the trial, without hiding behind immunity."

The lawyer then added: "We are also awaiting the parliamentary process regarding the request for authorization to proceed. Then we will evaluate what to do."

A long-distance clash erupts between the minister and Cesare Parodi , president of the National Association of Magistrates: "A trial where certain facts are definitively established clearly has political repercussions for the people involved." Parodi is referring to the possibility that Giusi Bartolozzi, chief of staff at the Ministry of Justice, might face trial in the case of the Libyan general arrested and later released by Italy.

"I am shocked by the words of an ANM president who has been considered, until now, balanced. I don't know how he dares mention my cabinet chief, whose name, at least as far as I know, isn't mentioned in the documents. Otherwise, I would have to assume that Parodi is privy to confidential information. From a political perspective, I consider these statements an improper and unacceptable invasion of institutional prerogatives," the Justice Minister reacted. Parodi then clarified: "I never mentioned Bartolozzi; I was just making a point."

"I believe that Prime Minister Meloni, as is normal for her as head of government, has assumed political responsibility in the Almasri affair, which doesn't always coincide with criminal responsibility. They are two different things," Cesare Parodi, president of the National Association of Magistrates, told Radio Anch'io, regarding Giorgia Meloni's comments, who called it absurd that her position in the Almasri case has been shelved while ministers can request authorization to proceed.

The case began on January 6 , when the head of the Libyan judicial police began his journey to Europe , flying from Tripoli to London with a stopover at Rome's Fiumicino Airport. After staying in the British capital for seven days, Almasri traveled by train to Brussels on January 13, then continued on to Germany, traveling by car with a friend. On his way to Munich on January 16, he was stopped by police for a routine check, and the officers allowed him to continue. He eventually arrived in Turin by car to attend a football match.

On Saturday, January 18 , twelve days after the Libyan commander began his tour of Europe, the International Criminal Court – with a majority of two judges to one – issued an arrest warrant for the general for war crimes and crimes against humanity committed in Mittiga prison, near Tripoli, since February 2011. In that prison, under his command, according to documents from The Hague, 34 people were killed and a child raped .

On Sunday, January 19, Almasri, a recent arrival in the Piedmont capital, was arrested and detained by Italian police but was later released on January 21 by order of the Court of Appeal due to a procedural error: it was an irregular arrest, because the International Criminal Court had not previously forwarded the documents to the Minister of Justice Nordio . The arrest was not "preceded by discussions with the Minister of Justice, responsible for relations with the International Criminal Court; this minister was involved in this office on January 20, immediately after receiving the documents from the Turin Police Headquarters, and to date has not made any request in this regard ," according to the order from the Rome Court of Appeal, which orders his immediate release.

Shortly after his release, the same day, the Libyan commander was repatriated from Italy on a state flight , before being carried in triumph by dozens of his supporters who greeted him with cheers. The series of events sparked heated protests from the opposition and from the International Criminal Court itself , after the failed surrender of a man they wanted arrested for war crimes and crimes against humanity. "We are seeking, and have not yet received, verification from the authorities of the steps taken," the International Criminal Court said.

A couple of days later, the government officially intervened for the first time, through Interior Minister Matteo Piantedosi , who provided an initial response during question time in the Senate: once released from prison by order of the Court of Appeal, Almasri was " repatriated to Tripoli, for urgent security reasons , with my expulsion order, given the dangerousness of the individual" and because since his release "he had been 'at liberty' in Italy".

Following the announcement of the investigation, Piantedosi and Nordio's expected intervention in the Almasri case was initially postponed. The briefing was then held on February 5 : the Ministers of the Interior and Justice upheld the correctness of their actions , contrasting them with the "inconsistencies" and "errors" of those of the Hague Court . In particular, they spoke of an arrest carried out without prior consultation with the Ministry of Justice, and of a warrant from the International Criminal Court with "extremely serious anomalies" and therefore "radically null and void." Nordio explained that the Justice system does not merely serve as a "paper pusher," but is a "political body" that analyzes and evaluates carefully before making a decision. And while Via Arenula was deliberating, the Rome Court of Appeal released the Libyan, noting "irregularities" in the arrest, because "it was not preceded by discussions with the Minister of Justice," who, having been approached the day before by the same Court, "did not submit any request on the matter." But there was no negligence, the Minister of Justice emphasizes: in the ICC document, "there was a whole series of critical issues that would have made an immediate request to the Court of Appeal impossible ."

In February , the ICC sought an explanation for Almasri 's release . " On 21 January 2025, without prior notice or consultation with the Court, Mr. Osama Almasri Njeem was reportedly released from custody and returned to Libya. The Court is seeking, and has yet to obtain, verification from the authorities of the steps allegedly taken . The Court recalls the duty of all States Parties to cooperate fully with the Court in its investigations and prosecutions of crimes."

"The Court - we read further - It continued to engage with the Italian authorities to ensure the effective implementation of all steps required by the Rome Statute to implement the Court's request. In this context, the Registry also reminded the Italian authorities that, should they identify any problems that might hinder or prevent the execution of this request for cooperation, they should consult the Court without delay to resolve the matter. It stated that Italy had not consulted the ICC regarding the release .

In May, the Italian government sent its defence brief to the International Criminal Court in The Hague .

The Netherlands-based judges essentially accused Italy of failing to execute the arrest warrant, failing to search Almasri, failing to seize the devices in his possession, and squandering public funds by repatriating him to Tripoli aboard an intelligence plane.

On January 28, Prime Minister Giorgia Meloni announced that she was being investigated—following a complaint filed by lawyer Luigi Li Gotti—by the Rome Prosecutor's Office for aiding and abetting and embezzlement in connection with Almasri's repatriation. She was joined by Justice Minister Carlo Nordio, Interior Minister Matteo Piantedosi, and Undersecretary Alfredo Mantovano. Accused of inaction, Minister Nordio defended himself in Parliament by arguing that the request for his arrest from The Hague was irregular and that his prerogatives had not been respected.