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An Italian judge has ordered 26 Americans and five Italians to stand trial for the kidnapping of a terror suspect in Milan in 2003, in what will be the first criminal court case over the CIA’s extraordinary rendition programme.
The decision, which indicts a number of senior intelligence officials from the US and Italy, concerns the abduction of a radical imam known as Abu Omar, who was flown to Egypt where he claims he was tortured under questioning on February 17 2003. Prosecutors say that five Italian intelligence officials worked with the CIA to abduct the Egyptian cleric.
All but one of the American suspects have been identified as CIA agents. Among them are said to be the former heads of the CIA in Rome and Milan - Jeff Castelli and Robert Lady – as well as the former Italian chief of military intelligence, Nicolo Pollari. The other US citizen is an air force officer stationed at the time at Aviano, where Abu Omar was taken after being seized.
Mr Pollari, the only defendant who appeared during the preliminary hearing, has insisted that Italian intelligence played no role in the alleged abduction, and told the judge he was unable to defend himself properly because documents clarifying his position were not permitted in the proceedings because they contain state secrets. The CIA has refused to comment on the case.
Abu Omar, whose real name is Hassan Mustafa Osama Nasr, was allegedly snatched from Milan, where he was transferred by vehicle to the Aviano Air Force base near Venice. He is said to have then been flown to the Ramstein Air Base in Germany, and then on to Egypt, where he says he was tortured by Egyptian agents with electric shocks and threatened with rape.
As well as straining Italian-US relations, the case has put an uncomfortable spotlight on intelligence operations, as prosecutors press the Italian government to seek the extradition of the US agents. The previous government of Silvio Berlusconi refused, and Romano Prodi’s current centre-left government has yet to make its decision.
Even if a request is made for the Americans’ extradition it is highly unlikely that Washington would turn over the CIA agents for trial abroad. All of the US agents have court-appointed lawyers, who have acknowledged having no contact with their clients.
Richard Owen, Times Correspondent in Rome, said that today’s significant decision was enabled partly by a political climate more critical of Washington than under Mr Berlusconi, whose administration had he said displayed a “firm, almost unquestioning support for the Bush administration and the war on terror.”
“Berlusconi himself has always denied having any knowledge of the kidnapping, as has Pollari,” he said. “But the political environment has changed now – Prodi’s Government, although largely loyal to the Atlantic alliance, does contain some strong anti-US elements from the hard-left. This created a climate in which the prosecution of CIA agents became more likely.”
He added that the unlikelihood of the US responding to possible extradition requests meant that today’s move was “partly symbolic”, adding nonetheless that there would be more tangible consequences.
“The prosecution of the Italians will cause serious embarrassment to the former government of Berlusconi and the Italian intelligence service” he said. “The trial will also put a strain on US-Italian relations, amid the climate of Prodi’s centre-left government and its anti-American elements.”
Italian investigators do not question that Abu Omar was suspected of involvement in terrorism. They say their own surveillance of him - including wiretapped phone calls - led them to believe that he had ties to al-Qaeda and was recruiting insurgents for Iraq. They complain, however, that the alleged CIA abduction compromised Italian anti-terror investigations and was a violation of Italian sovereignty.
The cleric was released earlier this week from an Egyptian jail. His lawyer there said that he wants to return to Italy, where he had been granted the status of political refugee.
Although Italy is now likely to be the scene of the first criminal trial for the extraordinary rendition program, there are moves elsewhere in Europe to prosecute those allegedly involved. This week, the Swiss government approved prosecutors’ plans to investigate the flight that allegedly took Abu Omar over Swiss air space, from Italy to Germany.
A Munich prosecutor recently issued arrest warrants for 13 people in connection with another alleged CIA-orchestrated kidnapping, this time of a German citizen who says he was abducted in December 2003 at the Serbian-Macedonia border and flown to Afghanistan.
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What's WW2 got to do with it? They also used to torture women and burn them alive in the Middle Ages in Europe. Perhaps that could be thrown in too as an excuse for justifying torture today??
Maybe because Italy and Germany have tasted facism they understand how fragile democracy, accountability and the rule of law is. That's the lesson to be learned here not whether or not terrorists are nasty. Every child knows that.
Danny, Berwick Upon Tweed, UK
What are you saying, Joe Elliott, that dubious behaviors in Italy and Switzerland's mean that they need to look the other way on dubious CIA agent's behavior today? The WWII experience is EXACTLY why we must prosecute ALL human rights abusers and torturers - whether al-Qaeda types or our own blue-eyed boys, snug and anonymous, back in Virginia. I am an American and to me the hateful thing is the act: the crime, not the race, skin color, religion or nationality.
Frankly, I find it hard to understand how any American, who wants America to win and the terrorists to lose, would not share this point of view - and realize that playing apologist for Gestapo tactics is EXACTLY what the 'bad guys' want; for it will ABSOLUTLEY make them stronger. I am convinced more than ever that there actually is a 'war on terror', and that some important battles it in are being fought right here, right now. Choose the side of American values and justice, my friend! We are going to win.
Joe Maguire, Boston, MA 02112
Let the Italian Government defend itself from know terrorists instead of hiding behind the safety provided by others and wailing to make a name for themselves. When they've been in danger in the past they were VERY quiet!
Michael J. Grudis, Glen Burnie,
I hope the time soon comes when Italy needs the help of the USA and the US can tell them where to get off. Same goes for the double dealing Switzerland who,s conduct during WW2 was a disgrace. This just reenforces the argument for getting out of the EU and away from these cowardly liberals who would appease terrorism
D Case, Newquay, UK
Saying that Italy and Switzerland do not have the moral right to voice an opinion on the matter is absurd. If Britain could not get involved in countries where its morals were "questionnable" in the past, we could not get involved in 1/2 the states n the world - including the US. The fact that a state (America) has violated another states sovereignty (Italy), is the main issue here, and is entirely a resent day issue, not a historical one. The fact the Italians were watching the suspect shows they are also no havan to terrorism. It is unbelievable that America could not use the official channels in such matters. If Russia came into the UK to get its many citizens who have assylum here, there would be an international outcry, not least from America. We should not forget the international, agreed rights that we have sworn to protect during this war on terror. As G. Roddenbury put it, "In our quest for humanities future, let us not forget out humanity". Perhas the CIA should consider that
Liam Halliday, Farnborough, UK
Mr Elliot is spouting much of the idiotic American flag-waving nonsense that has caused this situation to arise in the first place. America has been pushing other nations around to protect its own interests more and more and finally there is a possibility of Americans learning that talking does more use than throwing your weight around. The decline of American economic and military power means that America is willing to seek to any level, even that of the terrorists, to achieve their aims. The Bush administration has frequently opposed terrorists abducting people in the night in Iraq and Afghanistan, but they are doing the same thing. It is also hard to take seriously an American claiming that Italy and Switzerland have no 'credibility on righteousness', both being Christian nations with excellent human rights records. To dismiss terrorists as 'nasty people' is grossly oversimplifying the matter and thinking it is an Italian ploy to prevent terrorist attacks is pure paranoia.
Gavin Le Boutillier, Hull, East Yorkshire
Individual CIA agents should not be penalized for implementing the policies of the US administration. Responsibility should be levied on people who set the policy.
I am happy thwarting terrorism is a higher priority than it was before 9/11. But I agree with Adam Ali in that the rule of law should not be suspended thwart terrorism.
While I agree with gathering intelligence about people with hostile intentions before they commit a crime, I'm concerned about targeting people and persecuting them before a crime is committed. What's next, going after thought crime?
Peter Cooke, Allen Park, MI, USA
Joe Elliott, WW2 ended over 60 years ago. And anyway, what does WW2 have to do with breaking the law? How would you like it if Italian agents came over to your and began to kidnap Americans to Iran or North Korea so that they could be beaten up on suspicion of committing criminal acts?
M. Aloisio, Siracusa, Italy
It is a pity that the terrorists do not consider the human rights of their innocent victims. These people make a laughing stock of western governments.
These radicals choose the soft-touch western democracies because they know that there behaviour would not be tolerated in their home countries.
Tim Irwin, St Helens, UK
The CIA could benefit by studying the methods of German intelligence under Admiral Canaris when he directed the Abwehr in the early 1940's. He managed to infiltrate the Soviet General Staff and didn't need to snatch people off the street to find out what the other side was planning.
Ken Yeager, St.Paul,
Although largely symbolic this case does show the neo-con administration in the US for what it really is, namely an out of control faction believing it can do whatever it likes anywhere in the world. Their total disregard of the rule of law should not be allowed to be ignored as it has been by the likes of Blair and if US-Italian relations are strained it will be a good thing to make the next administration approach difficult issues in a more consensual manner. When the CIA kidnap a large number of people purely on a fishing expedition and they never see a court room, this cannot be a democratic process. Coincidentally the Spanish authorities are currently having a trial over the Madrid bombings, and wanted assistance over a known terrorist the US has incarcerated somewhere. Unfortunately the co-operation against terrorism only goes one way to selfishly help the American administration but not its allies.
Mike, Denia, Spain
I agree with Italy. Why is America in their business?
Shawn, Schaumburg, IL
Italian judge orders first 'rendition' trial of CIA operatives
I think every one is upset about the hidden prison leave aside the prisoners. They may be alive at least if they are in Gaunatanamo Bay or Abu Garib but in the vanishing prisons. This is a magicians act.
Firozali A.Mulla MBA PhD, Dar-Es-Salaam , Tanzania
This is absurd. Italy seems to have already forgotten the beheading of one of their own ministers on video. And as for Switzerland. Neither one of these countries have much credibility on righteousness looking back to WWII. Terrorists have demonstrated that they are nasty people, and any terrorist suspect has that potential. This seems to be an Italian ploy to appease terrorist so that they won't strike in Italy.
Joe Elliott, Washoe Valley, Nevada
There needs be a rule of law in this world. This type of extra-judicial rendition is akin to Gustapo and KGB and as citizens of the "free" world, we can not let these neo-cons take away our constitutional and international rights to due-course and presumption of being innocent until proven guilty. These are some of the key tenents that seperates us from what we intend to change in the world and we can not let these rights be "raped" so easily. These people including people from CIA and Adminstration should be accountable to somebody - they sure are not accountable to US citizens perhaps they may be accountable to international rule of law.
Adam Ali, Chicago, USA