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Two migrants have sued Italy at the European Court of Human Rights, claiming that the release of Osama Al-Masri Njeem prevented justice for crimes committed against them in Libya...
Two migrants have filed a lawsuit against Italy at the European Court of Human Rights (ECHR), accusing the country of violating their rights by releasing a Libyan commander wanted for crimes against humanity.
The plaintiffs, a man from South Sudan and a woman from Ivory Coast, allege they were tortured in a detention center in Libya, where thousands of migrants have been held since the conflict escalated after the fall of the regime in 2011.
According to the charges, the center was under the supervision of Osama Al-Masri Njeem. He was arrested in Italy in January 2025 on the basis of an international arrest warrant issued by prosecutors of the International Criminal Court (ICC). The prosecution accuses him of war crimes and crimes against humanity, including torture, rape, sexual slavery and murder.
However, Al-Masri was released just two days after his arrest and returned to Libya on an Italian state plane. The decision sparked strong political reactions and became a contentious issue for the government of Prime Minister Giorgia Meloni.
Prosecutors investigating the case in Rome have said that Al-Masri's militia was part of the Libyan state security apparatus and had collaborated with Italian security services to prevent migrants from setting sail for Europe by sea. The Italian government has argued that it acted in the interest of national security and that Al-Masri was also wanted by Libyan authorities in a similar investigation.
The two migrants claim to have been direct victims of abuse at the Al-Masri-controlled detention center. According to the testimony of the South Sudanese man, he was forced to fight in the ranks of the militia, while the Ivorian woman states that she was subjected to sexual violence and mistreatment.
In their lawsuit, they argue that Italy's failure to enforce the ICC arrest warrant has violated their right to life and the prohibition of torture, guaranteed by the European Convention on Human Rights, resulting in a denial of justice.
The ECHR has announced that it has officially notified the Italian authorities of both cases and will now examine whether they meet the conditions for admission to the procedure.
Last month, the International Criminal Court announced that it had referred Italy to the Assembly of States Parties, the court's supervisory and legislative body, for its handling of the Al-Masri case.
Following international backlash, Al-Masri was removed from his post and arrested in Libya. He is currently challenging the ICC's jurisdiction over his case.
The Italian government has not yet given an official comment regarding the lawsuit.
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