Lawyers representing an Ivorian woman tortured by Libyan General Almasri will file a complaint with the Rome Prosecutor’s Office contesting the shelving of the case against Prime Minister Giorgia Meloni. “Meloni stated she shared the decisions,” explained attorney Angela Maria Bitonti. This follows the Ministers’ Tribunal’s dismissal of proceedings against Meloni.
Bitonti further stated they await parliamentary decisions on authorizing proceedings against two ministers and an undersecretary, adding, “Should authorization be denied, we will evaluate further actions.” She also announced plans to reapply for access to case documents after their initial request was rejected because her client was deemed an “indirect victim.” “We contest this view,” Bitonti emphasized, “arguing she is a direct victim since Almasri’s repatriation and failure to transfer him to the International Criminal Court (ICC) prevented justice for victims of these heinous crimes.”
In its request to Parliament for authorization to proceed against Justice Minister Carlo Nordio, Interior Minister Matteo Piantedosi, and Undersecretary Alfredo Mantovano, the Ministers’ Tribunal suggested their actions may have stemmed from fears of retaliation. The Tribunal stated it “appears plausible” that the ministers’ decisions – Nordio’s refusal to execute the ICC’s cooperation request for Almasri’s arrest and seizure, Piantedosi’s expulsion order, and Mantovano’s request for the repatriation flight – were motivated by concerns raised by Prefect Caravelli (head of AISE) during institutional meetings. These concerns reportedly involved potential reprisals against Italian citizens and interests in Libya if Almasri remained detained.
The Chamber of Deputies’ Presidency Committee has unanimously set a timeline to examine the Tribunal’s request concerning Mantovano, Piantedosi, and Nordio. Committee President Devis Dori announced a report for the full Chamber will be ready by late September following at least five sessions, including hearings for the officials involved. The Committee will vote openly, while the Chamber will vote secretly by October, with three separate votes required.
The government, in a July 30th defense memo to the Tribunal seen by the authorization committee, justified the officials’ actions by citing a “state of necessity” under Article 25 of the UN International Law Commission’s Articles on State Responsibility. It argued this international law principle, allowing otherwise unlawful acts to safeguard a state’s essential interest from grave, imminent danger, legitimizes their conduct under domestic law.
Meanwhile, Rome Prosecutor Francesco Lo Voi countered claims of delay in transmitting the Almasri case files to Parliament: “Some allege I sent the Tribunal’s documents late, claiming I received them August 1st. Aside from the need to read, reorganize, supplement with necessary measures, and photocopy them, the time taken was minimal – from their arrival here on August 4th to delivery at the Chamber on August 5th. If 24 hours seems excessive…” Lo Voi questioned, “Who said the documents arrived at the Prosecutor’s Office on August 1st? Are there confidential details unknown to me?”