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Why was Meloni put under investigation? Prosecutors' line: A forced choice

2025-01-29 09:00:15Kosova&Bota SHKRUAR NGA REDAKSIA VOX
Why was Meloni put under investigation? Prosecutors' line: A forced choice
Prosecutor Francesco Lo Voi

It is almost certain that the file opened by the Rome Prosecutor's Office will not end in a trial, as any possible trial would have to be approved by Parliament, where the government has a stable majority. However, it is equally certain that prosecutor Francesco Lo Voi had no other option in the face of the denunciation received.

According to his interpretation of the law, he was obliged to register the accused in the register of investigations and send case no. 3924 of 2025 to the Court of Ministers. According to the law, “no preliminary investigation may be conducted,” which for the prosecutor means a ban on gathering evidence that supports or refutes the accusation.

In the documentation, apart from the accompanying letter, there is only the denunciation of the lawyer Luigi Li Gotti, who mentions two possible charges: personal favoritism (in favor of Libyan General Najeen Osama Almasri) and abuse of office (for the use of the state plane for his return to Libya). The charges are directed against the Prime Minister and the Ministers of Justice and Interior, who decided on Almasri's release and extradition, as well as against the Secretary of State responsible for the secret services, for the use of the means of transport.

The complaint also includes newspaper articles on the case, but no other evidence has been submitted to the Court of Ministers. Not even the decision of the Rome Court of Appeal, which states that the Minister of Justice, informed of Almasri's arrest by the Turin Digos on January 19 and a day later by the Rome Public Prosecutor's Office, took no action to keep him in prison pending his surrender to the International Criminal Court (ICC).

The prosecutor did not include this decision in the file, as he considered it a formal act, the investigation of which is the responsibility of the Court of Ministers. Likewise, the communications between the Italian embassy in The Hague and the Italian government after the issuance of the arrest warrant for Almasri were not examined. Without these elements, it is difficult to decide whether Li Gotti's denunciation is unfounded.

In this case, there are no “leftist prosecutors” involved, while there is a clash between the Italian government and the Hague Court after the release of Almasri, ordered by the Court of Appeal, emphasizing that communication between the Ministry of Justice and the General Prosecutor's Office was necessary, which unsuccessfully requested a reaction from the minister. For this reason, the government's political decision not to hand over Almasri, accused of torture, rape and war crimes by the ICC, has become an accusation of favoritism in the denunciation of Li Gotti.

Under the laws governing Italy’s relations with the International Court of Justice, judicial cooperation with The Hague is mandatory. For example, Article 59 of the Rome Statute stipulates that “a State Party which has received a request for arrest shall promptly take the necessary measures to detain the person concerned, in accordance with its national law.”

In this context, for Minister Nordio there was also the possibility of an investigation for “failure to act in the performance of his duties”, but this was not included in Li Gotti’s denunciation. Instead, he requested that the decisions to favor Almasri and the use of the state plane for his return to Libya be investigated. These issues belong to the Court of Ministers, while the issue of a political act – that is, the decision not to arrest Almasri – remains controversial. However, Nordio has not officially claimed it as a political act, so this will also be the subject of an investigation.

Another certainty is that this issue will increase tensions between the government and the Rome prosecutor's office. Especially after reports that an AISI (Internal Security Agency) investigation into Meloni's chief of staff, Gaetano Caputi, which was supposed to remain secret, ended up in an investigative file and was made public. This development was not well received at Palazzo Chigi, as was the announcement delivered to the prime minister yesterday./Corriere Della Sera


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