** A pivotal development has unfolded in the Almasri affair, triggering a political reckoning in Parliament. Italy’s Ministerial Tribunal has formally requested authorization from the Chamber of Deputies to proceed against Justice Minister Carlo Nordio, Interior Minister Matteo Piantedosi, and Undersecretary Alfredo Mantovano.
The Tribunal asserts that the true, unstated motive behind key decisions—Nordio’s refusal to execute an ICC request for arrest and seizure, Piantedosi’s expulsion order, and Mantovano’s arrangement of a state flight for Almasri’s repatriation—was concern over potential retaliation against Italian citizens and interests in Libya. This concern, the Tribunal states in documents filed with the Chamber, stemmed directly from warnings by Prefect Caravelli (Director of AISE) during high-level institutional meetings about the risks of keeping Almasri detained.
The Tribunal sharply criticized Piantedosi’s expulsion decree, deeming its stated justification of public order and security “paradoxical.” It argued the decree resulted in “returning the fugitive Almasri, now free, to where he could continue criminal acts similar to those he was accused of,” rendering the order “manifestly irrational and therefore unlawful.”
Contradicting Minister Nordio’s parliamentary and written defenses, the Tribunal ruled that while Italian law tasks him exclusively with managing Italy’s ICC relations and initiating procedures, it “confers no discretionary power” upon him. Instead, it mandates he act as a “guarantor of the procedure’s successful outcome.”
The Tribunal further stated that both Italy’s ICC ratification law and its torture convention implementation law obligate the state to arrest and extradite individuals subject to international arrest warrants. Therefore, following Almasri’s release by the Appeals Court, his “expulsion, let alone repatriation orchestrated by two high-ranking officials—Interior Minister Piantedosi and Undersecretary Mantovano—constituted a clear violation of these international treaty obligations.”
Accusing all three officials of acting knowingly, the Tribunal stated: “Ministers Nordio and Piantedosi, along with Undersecretary Mantovano, were fully aware of the ICC’s cooperation requests and Almasri’s arrest warrant. By failing to act on these requests (Nordio), issuing an irrational expulsion order (Piantedosi), and arranging the state flight ensuring his immediate return (Mantovano), they knowingly and willingly helped Almasri evade the ICC’s investigation and pursuit.”
The Chamber of Deputies now has 60 days to vote on whether to authorize criminal proceedings against the indicted government figures. Prime Minister Giorgia Meloni is exempt, as the Tribunal has already dismissed the case against her.
The charges vary: all three face allegations of aiding and abetting for failing to surrender the alleged Libyan torturer to the ICC. Piantedosi and Mantovano additionally face embezzlement charges for using the government’s Falcon 900 jet. Justice Minister Nordio is separately accused of omission of official acts for allegedly failing to promptly request Almasri’s preventive custody as required by the ICC.
Investigators reportedly focused intensely on Nordio’s role, seeking to question him. Testimony revealed internal tensions, including claims by Giovanni Birritteri, former head of the Justice Department, against Nordio’s chief of staff, Giusi Bartolozzi, regarding communication about Almasri’s release. Bartolozzi countered with a January 19th email suggesting Birritteri only informed her of the arrest, not the ICC warrant, denying any procedural delay. Despite requests from the defendants’ lawyer, Giulia Bongiorno, to hear Mantovano’s account, the Tribunal insisted on questioning Nordio directly, deeming their positions “non-fungible.” Nordio never testified.