The ECHR has received two appeals against Italy concerning the failure to arrest Elmasry

Brussels – The European Court of Human Rights has notified two appeals against the Italian government for the “alleged” failure to execute an arrest warrant issued by the International Criminal Court (ICC) in January 2025 against Osama Elmasry Njeem, former head of the Libyan paramilitary police, accused of crimes against humanity. Njeem was arrested in Italy in January 2025, but was repatriated to Libya shortly afterwards. The case was brought by two citizens, from Sudan and the Ivory Coast, who filed the two appeals and claim to have been victims of torture and ill-treatment during their detention in prisons controlled by Njeem. 

On 18 January 2025, the ICC Prosecutor issuedan arrest warrant against Osama Elmasry Njeem, charging him with torture, rape, sexual slavery, murder, and crimes against humanity. On 19 January 2025, the Libyan national was arrested by the Italian police and placed in pre-trial detention. Two days later, the Rome Court of Appeal refused to validate his arrest, and Njeem was released and immediately repatriated to Libya.

 In his appeal, the Sudanese national explains that he fled South Sudan in 2018 and arrived in Italy in June 2022. Before that, however, he was detained in Libya, at Al-Jadida prison and the Mitiga military base, both controlled by Njeem, who allegedly tortured him and forced him to fight in a military group led by him. The other claimant is a citizen of the Ivory Coast who fled to Libya while still a minor. She recounts being held in slavery, subjected to sexual abuse, and finally taken to Mitiga prison, and alleges that she was subjected to torture, sexual violence, and ill-treatment, including at the hands of Njee himself. 

The two appeals were lodged with the ECHR on 16 April 2025 and 7 February 2026, respectively. Both complain to the Strasbourg Court of violations of Articles 2 and 3 of the European Convention on Human Rights, and the citizen of the Ivory Coast also invokes Article 4 and laments the lack of justice following the Rome court’s refusal to authorise the opening of criminal proceedings against members of the Italian government. According to the ECHR statement, this refusal “had the effect of preventing her case from being brought to light.” In informing Italy of the two appeals, the European Court explains that it has decided to treat both cases as a matter of priority and has sent Rome a series of questions in order to reconstruct the legal framework of the events. The government has until 18 September to respond, barring any extensions.