Libya

The Tripoli Court sentences Almasri to 7 years and 4 months

‘Prisoners’ rights have been violated’. The court has also ordered the loss of legal capacity and the deprivation of civil rights for the entire duration of the sentence and for a further year

by Rome Editorial Staff

3' min read

Translated by AI
Versione italiana

3' min read

Translated by AI
Versione italiana

The Tripoli Criminal Court has sentenced Osama Najeem Almasri to 7 years and 4 months’ imprisonment for ‘violating the rights of prisoners’, according to Libyan media reports. The former Libyan commander, who is at the centre of a dispute between the Italian government and the International Criminal Court, has also been stripped of his legal capacity and civil rights for the entire duration of his sentence and for a further year thereafter.

The arrest warrant

The man is the subject of an arrest warrant issued by the International Criminal Court for alleged crimes against humanity and war crimes, including murder, torture, rape and sexual violence, which are alleged to have been committed from 2015 onwards at Mitiga prison. The case also became a political and diplomatic issue in Italia in January 2025, when he was arrested in Turin pursuant to the ICC warrant, but released two days later after the Rome Court of Appeal failed to uphold the arrest.

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Repatriation to Libya

Shortly afterwards, he was repatriated to Libya on an Italia government flight, a decision which the government justified on security grounds but which was contested by the opposition, human rights organisations and the International Criminal Court itself, which had sought clarification as to why the suspect had not been handed over to The Hague.

The implications of the judgement

The Libyan judgement does not automatically close the ICC case. The Court in The Hague retains jurisdiction to assess whether the national proceedings cover the same facts and meet the standards of genuineness required by the principle of complementarity.

Montaruli (FdI): the conviction confirms that the government was right about the expulsion

The news immediately sparked political reactions. Within the ruling coalition, Augusta Montaruli, deputy leader of the Fratelli d’Italia group in the Chamber of Deputies, commented: ‘The news of Almasri’s conviction by the Tripoli court confirms that the Meloni government was right and acted correctly. He posed a threat to national security and therefore had to be expelled swiftly, handing him over to the Libyan justice system, which has indeed run its course. Above all, this news puts the unnecessary and opportunistic controversies of the left into perspective, confirming once again that they prioritise propaganda and political speculation over the national interest. It is further confirmation of our government’s authority.”

The PD: Libya has done what the Italian Government was unwilling to do

The opposition, on the other hand, is attacking the Government. Federico Gianassi, the PD’s group leader on the Chamber of Deputies’ Justice Committee, emphasises that ‘Almasri’s conviction by the Court of Tripoli shows that even Libya has done what the Italian Government refused to do. Faced with a ruling that recognises the extremely serious human rights violations committed by Almasri, Minister Nordio, along with the other members of the government who were involved in that affair, should reflect deeply on their actions and on the decisions that led to Almasri’s release.”

‘The Meloni government bears a very grave political responsibility, as its most senior figures – until the facts came to light in all their clarity – covered up an operation that allowed a murderer and rapist, wanted by the International Criminal Court, to return to his own country with impunity on a state flight. Today, it is even more evident just how wrong and unjustifiable that decision was. The government must explain to the Italian people why it decided to shirk its international obligations and facilitate the return to his country of a person accused of extremely serious crimes,” concludes Gianassi.

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