The Prosecutor of the International Criminal Court accuses the Italian government of “not having complied with his obligations” on the Almasri case and that he has thus prevented the Court from exercising his functions “. This is what is contained in the 14 pages of “observations” signed by the prosecutor Nazhat Shameem Khan on the story of the Libyan General.
In the text – reported by the press – the government strategy is contested according to which a request for extradition formulated by Libya was issued on January 20, only two days after the arrest of Almasri in Turin. A request, is underlined by the Prosecutor of the Court, made known “over three months after Almasri’s release”. And “The documentation from Italy does not include any arrest warrant presumably issued by the Libyan authorities”, the observations continue, while Almasri “was neither delivered to the Court nor was it extradited (or arrested) to Libya on his return but transferred in complete freedom to Tripoli, where he was welcomed by a festive crowd”. Therefore, underlines the Public Prosecutor’s Office, “Italy seems to have considered that it could exercise discretion in determining whether it could prioritize the request for extradition of Libya with respect to the request for delivery of the Court”, while “he had the obligation to consult the Court and his lack of consultation constitutes in itself a serious default”. What is therefore contested is to have acted without a comparison “in the face of any perceived problem that could hinder the execution of the request for delivery of the Court, pursuant to article 97 of the statute”.
As for the Minister Carlo Nordio, the CPI Prosecutor underlines that the owner of justice is “the only recipient of the Court’s cooperation requests” and should “simply execute the request by transmitting it to the Prosecutor General”. Then contesting what Nordio called “absolute uncertainty on the date of crimes committed” by intervening in the Chamber of Deputies, the text specifies that in the “substantial part of the mandate there is no suggestion that any crime discussed there may have taken place from 2011, a time when the mitiga prison did not even exist as such”.
In summary, “Italy’s conclusion is legally and in fact unsustainable” and the observations sent to L’Aja “do not provide any practicable explanation, let alone a justification, for its inability to cooperate”. Therefore, the prosecutor of the CPI “asks the Chamber to issue a formal assessment of default against Italy and to define the question of the Shareholders’ Meeting of the States and/or to the United Nations Security Council”.
“Almasri’s escape was organized by the Italian government to subtract him from the trial for crimes against humanity and war crimes. The Prosecutor of the International Criminal Court officially accuses the Italian government of having hindered the work of justice, preventing the delivery of Osama Almasri – head of the judicial police of Tripoli, accused of crims against humanity – to the court itself. Returned, as a free man, to Libya aboard an Italian state flight, between tricolor flags and applause “. Mediterranean writes it in a note asking that “the Court of Ministers of Rome, taking note of what the Court of the Hague has ascertained, concludes without delay the investigations in progress for the hypothesis of aiding and abetting against the ministers Nordio and planted, the Undersecretary of Mantuan and the President of the Council Meloni. And that international justice is activated as a result at each level”.
“Mediterranea – concludes the note – hopes that those responsible for this illegal and illegitimate act leads the international criminal court to add Almasri as favings and accomplices, the members of the government who organized his escape.
The shameful protection of a criminal who has raped, killed, tortured many innocents in the Lager of Mitiga, must now constitute the reason for an honest and transparent parliamentary discussion, on the Memorandum Italia – Libya, because it is in this context that the violations of human rights and international conventions take place: the system of rejections in the Mediterranean of human beings based on rescue omissions, Lager, torture, torture, finish! We demand that the Italian Parliament makes full light on what happened. Truth and justice cannot be sacrificed to protect criminal alliances “.
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