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An Italian judge yesterday ordered 26 Americans, most of them believed to be CIA agents, to stand trial for the kidnapping and torture of a Muslim cleric.
In the first criminal court case arising from the CIA’s extraordinary rendition programme, the judge also indicted five Italians, including the former head of Italy’s military intelligence.
The trial threatens embarassing revelations over the CIA programme in which terror suspects were seized in one country and taken to another. The tactic has been one of the most controversial in the US led War on Terror.
Osama Mustafa Hassan, also known as Abu Omar, was allegedly kidnapped on a Milan street in February 2003 by CIA agents in collusion with their Italian counterparts. He was flown from Aviano to Ramstein Air Base in Germany, and then to Egypt, where he claims that he was tortured. He was released in Cairo this week.
The trial is likely to encourage prosecutors in other European countries to pursue similar cases. A prosecutor in Munich has issued arrest warrants against 13 people for an alleged kidnapping of a German citizen.
It will also increase pressure on other European Governments to disclose the extent of their cooperation with the rendition programme. The Government in Spain has agreed to declassify an intelligence report on the CIA’s use of Spanish airports after a request from a judge.
A European Parliament report into rendition, approved this week, claims that Britain allowed 170 secret CIA flights connected to the illegal seizure of terror suspects to make stopovers at its airports, second in number only to Germany.
Washington acknowledges secret transfers of terror suspects to third countries but denies using torture.
Yesterday Caterina Interlandi, a Milan judge, set a trial hearing for June 8. The US citizens charged include Bob Seldon Lady, the former CIA station chief in Milan and Jeff Castelli, described as head of CIA operations in Italy. None of the Americans is expected to return to stand trial in Italy, where defendants can be tried in absentia.
It is unclear whether the centre-left Government of Romano Prodi will seek their extradition. The previous Italain Government, headed by the staunchly pro-American Silvio Berlusconi, rejected earlier extradition requests.
The Italians who will stand trial include Nicolò Pollari, then head of Sismi, Italy’s military intelligence service. In preliminary hearings Mr Pollari denied that Italian intelligence had any role in the kidnapping. He complained that he was unable to defend himself because documents which would prove his case were classified. Prosecutors say that the kidnapping was a breach of Italian sovereignty that compromised Italy’s antiterrorism efforts.
A key witness in the trial will be Luciano Pironi, an Italian police officer who has admitted stopping Abu Omar so that CIA agents could seize him, for which he is serving a 21-month prison sentence. He claimed that the operation was approved by both the Italian and US Governments, but that he was told the purpose was to recruit the imam as an informer, not to fly him abroad to be tortured.
Guido Meroni, who represents six of the accused Americans, claimed that the evidence against them was circumstantial, based on telephone interceptions and their presence in hotels close to the kidnapping operation.
At the time of his abduction Mr Hassan was under investigation for alleged links to the terrorist group Ansar al-Islam. He has vowed to return to Italy and sue Mr Berlusconi for €10 million (£6.7 million) in compensation.
Mr Hassan claims that he was bundled into a white van, beaten and blindfolded as he made his way to the mosque. During interrogations he was blindfolded “with my hands tied up to my back, totally naked, and my body hanging from the ceiling by my feet while my head was suspended upside down”.
He said that he was held “in a tiny cell, [with] no lavatory, weak lighting and a very small hole in the ceiling for ventilation.” He added: “I was subjected to electric shocks all over my body specially in my head, nipples, testicles and penis.”
The US Administration was saying little about the arrests. Sean McCormack, the State Department spokesman, said: “It’s a judicial matter in Italy.” Any view about possible prosecutions or extraditions would remain a matter for “internal dialogue,” he added.
Spotlight on abduction
The CIA practice of extraordinary rendition was revealed in November 2005. It involves the US transfer of untried terror suspects, or those suspected of links to terror groups, to camps overseas, with flights using European airports as stopovers.
President Bush admitted in September 2006 that 14 suspects had been detained in secret centres abroad, but declined to say where.
At least 1,245 flights were operated by the CIA through European airspace and airports between September 11, 2001, and the end of 2005, according to a report for the European Parliament this week.
The most stopovers were logged for Germany (336) followed by Britain (170) and Ireland (147).
The flights were allowed by 14 EU countries: Austria, Belgium, Britain, Cyprus, Denmark, Germany, Greece, Republic of Ireland, Italy, Poland, Portugal, Romania, Spain and Sweden.
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Didn't the Americans invade a country to stop the abuse of human rights and torture? Didn't Mr Bush stand up and make speeches about the terrible travesty of Justice taking place in Iraq.
What happens when American begin to disappear of the streets in the USA? Oh, They do already.
Sounds about right, The American's contempt for the ethos and practice of Justice has and will always be suspect.
Power, Corrupts, absolute power etc etc.
Jack McVicker, London, UK
Congratulations to the CIA on the rendition policy,the gloves came off after 9-11.Why should the Americans take one chance in a million with any suspected terrorist?,if they left the fight to Europeans then there would be no fight and our way of life would be surely destroyed.
Maybe the US. should have left Hitler and Mousolini in contol of Italy! God Bless America.
Derek McDonald, Saigon, Vietnam
Surely any actions that facilitate the torturing of suspcts prior to due trial and process is as unlawful an act as it is to torture. If so, then are these countries not in breach of Article 3 of the European Convention of Human rights? If not in breach of the letter of the law, still in breach of its spirit and intention.
If it is not the case that they are being tortured, then they are still being detained against article 5, and the right to liberty and security of person. It has to be asked whether a country that is capable of "kidnapping" citizens of other nations is indeed capable of setting up a fair judicial power capable of processing the acused.
James, Suncheon, South Korea
"Drastic measures in drastic times." -Faqi
I think we've heard that one before.
"Necessity is the plea for every infringement of human freedom. It is the argument of tyrants; it is the creed of slaves." -- William Pitt
Larry, Palo Alto, CA
Why all this fuss now, it happens all over the world. If the 'free world' thinks that they are safe, then they are sadly mistaken. Due to our bumbling politicians on the left of the PC Brigade our lives are not safe as we have been asked to tolerate the intolerant in our midst. If no one does anything about it, we may have more 9/11's and 7/7's and so forth. Eternal vigilance is the only answer to the problem at hand. Rendition is very necessary at this time. Drastic measures in drastic times.
Faqi, London, UK
Finally people are starting to stand up for their rights. For far too long the CIA have controlled not only US politics and through illegal activities the US economy, they think that they can simply have the run of the entire planet. I'm not lawyer but every single one of those 1,245 (known) flights must have been an illegal act which potentially went on to encourage others against the rights of individuals. Not only that but costs incurred and/or countries that allowed this to go on reflect directly on every one. If we allow this to happen we're only one small step behind and uncontrollable big brother combined with a Nazi style rule of power. IF Italy can take things this far, and the Canadian government are doing something similar where is the UK? Right now i imagine so deeply involved that they simply cannot follow a similar route. IF the UK is as involved as one might imaging then i am ashamed to be British. It seems that we're still unable to keep our hands out of other countries business before leaving when it gets too hot.
Jeff Bridges, Langley, Britain
You know, guys, I'm really shocked about aforesaid facts. I do belive in all this accusations, especially because it all have happended in the world history not at once. Only in the 20th century the privite life and freedom became an object of esteem and mostly throughout the western world. And what we see nowadays? Kidnapping, tortures, violance sanctioned by authorities on the one hand and THE CONCEPT OF RULE OF LAW on the other! I'm a Russian citizen and in our country people are of doubtful value for the Government and secret services. And, unfortunately, such stories as "CIAs extraordinary rendition programme" only strenthen their neglect to the life and dignity of an individual (the argument: if democratic leaders allow themselves such deeds why we cannot act voluntarily and cruelly?). You know, the difference between western country and Russia is that we see that a victim in Europe may enjoy some remedy (money) and accuse authorities and these remedies failure in Russia...
Vitaliy, Moscow, Russia
The kidnap and virtual air piracy of indivauls is totally alien to the democratic traditions of the west. The arrest and charging of indivuals and bringing before the courts is the only people to justice
Malcolm, Coventry, UK
Torture, supporting torture or aiding a process which results in torture is not only a crime - it is a crime against humanity. Through this first step action, Italy has shown that it has both the moral and legal strength to try and protect basic civilised behavior. Germany in a less dramatic way has also indicated that humanity is important. Sadly America in its revision of the War Crimes Act has shown that it acks such moral fortitude. One hopes that over time all those responsible - directly or indirectly - in such an horrendus act are broght to trial to stand accused before humanity. One hopes that humanity will make them pay for their heineous crimes. Those responsible include not only those who torture but those who order the event and those who support it. That includes the pilots, the politicians, the military and yes the air traffic controllers in Prestwick.
Loat, London,
The prosecutors claim that the illegal kidnapping compomised Italy's counter terrorist campaign. As such it is alleged that it was an act in support of terrorism. I believe the judge has issued a European arrest warrant which is valid in the UK. I further believe that the UK government agreed a treaty with the US government whereby arrest warrants connected to alleged terrorist activities would automatically be honoured in extradition hearings in either country. The UK meekly complied with an extension of this agreement to cover non-terrorist activities in the case of three bankers last year. I recall Baroness Scotland was dispatched to the US to ensure the US Senate ratified the agreement made by the US government. Perhaps Mr. Blair will now insist that the US honour their undertakings and immediately extradite, without argument or legal debate, the US residents charged in the Italian courts in this matter. Or is he really George Dubbya's lapdog?
David Cooke, Woking, UK
Whatever the outcome of the trials in Italy, the end result will be nullified by a conflict with American law.
Last year the GOP Congress, at the direction of the Bush Administration, revised the War Crimes Act of 1996 so that any US official involved in war crimes at the direction of officials of the US govt. could not be charged with such a crime regardless of the nature of the charges or the proof of such crimes. Thus, as long as a US official was acting in accordance with orders from his superiors, they cannot be held liable for such crimes and they cannot be extradited to other countries to be tried for such crimes.
This is the way the Bush Administration operates. It is a travisty of justice, but there it is.
Steven, Wisconsin, USA
All of you need need to take a deep breathe and just calm down (and maybe take a lesson in writing proper English would help, also).
No rational person would ever compare the President to a dictator, murder, or person who commits crimes against humanity. You may disagree with the current American foreign policy, but lets end it at that.
We Americans, as you know, do the world's work in making it safe for all peoples. We pay; we suffer; we cry. You whine. So what else is new?
Pieter Kreyns, Bethel Park, PA/USA
I live in italy (and i can made any language mistake), and the CIA it is truly overbearing to come in Italy and to make it even if the authorization has been denied.
Lorenzo, Ravenna, Italy
Finally someone in Europe is man enough to stand up to the "Evil Empire". For most of the last half-century this mini-continent was like the 51st state. Some like the UK are still more complaint to King George's wishes than even actual US states. Speaking of which, you guys should vote to get rid of your Queen and apply to join!
WhiteSands, Dublin, Ireland
If torture is the only means by which the Bush Administration can obtain evidence, then they are no better than Saddam Hussein in his prime.
Sally Anne Hamath, King's Lynn, Norfolk, England
Well done to the Italian judge for making this symbolic gesture. Nothing will happen, but at least the issue will be highlighted. Much more than anything Mr Blair's government or the Lord Chancellor might contemplate for fear of antagonizing the americans.
Hamad Lone, Thornton Heath, England
That other rogue state, North Korea used to kidnap people in other countries in the 70s.
I'd ike to know how many of the peope who were subect to rendition aka kidnap and torture were actually guilty of being "terrorists".
Just like with the Guantanamo people, most were innocent.
kev Lax, Shanghai, China