Italian court sentences 23 CIA agents in attack on rendition
An Italian court sentenced 23 US CIA agents in absentia to prison for the abduction and 'extraordinary rendition' of Muslim cleric from Milan in 2003.
By Dan Murphy | Staff writer 11.04.09
After two years of wrangling to head off a case that centered around the Bush administration’s practice of abducting alleged terrorists abroad and sending them to friendly third states for interrogation, Italian prosecutors won a stunning victory on Wednesday, when 23 US intelligence agents were convicted in absentia by a Milan court for kidnapping.
The practice of “extraordinary rendition” became common for the CIA after the Sept. 11, 2001, attacks on the US, with hundreds of alleged militants abducted in Europe and Central Asia and elsewhere, and delivered to states like Algeria, Egypt, and Syria, where torture is often used against presumed enemies of the state. The US says it received assurances that torture would not be used. But the practice has been especially controversial in Europe, where roughly 100 Muslim men have been abducted.
In a ruling that could damage US-Italian relations, Robert Seldon Lady, the former CIA station chief in Milan, was handed an eight-year sentence, and the 22 others — all believed to have been CIA employees or contractors — were given five-year sentences for the 2003 abduction from a Milan street of Muslim cleric Hassan Moustafa Osama Nasr. The convicted Americans were also ordered to pay Mr. Nasr and his wife $2 million. It was the first conviction for a rendition case. None of the men are in Italy, and their whereabouts have not been disclosed.
A spokeswoman for the State Department said the US was “disappointed” by the verdict, adding that the US was waiting for a written opinion from the judge before addressing the matter further. As to a possible extradiction request from Italy, she said: “It is a longstanding tradition of the United States not to comment on extradition matters … but we would note that because of anticipated appeals this matter is likely to continue in litigation in Italy and that final decisions with respect to the accused are unlikely for some time.”
In what the Italian press dubbed the “kidnapped Imam affair,” Nasr, often referred to by his nickname Abu Omar, was bundled into a minivan as he walked to noon prayers on Feb. 17, 2003, and driven to America’s Aviano airbase in Italy. From there, he was flown to Rammstein airbase in Germany and eventually on to Egypt, his native country, on a Learjet. Nasr was put under house arrest in Egypt in 2004 and said he had been tortured while in detention.
While Italian prosecutors argued they struck a blow for the rule of law, and sent a message that not even close friends like the US can expect freedom of action in Italy, their investigation also found that the abduction took place with the knowledge of the Italian intelligence services. Three Italian intelligence officers who were charged in the abduction were acquitted on Wednesday, with sentencing Judge Oscar Magi saying their acquittals were necessary to protect Italian state secrets.
Nasr, whom Egypt had granted asylum in 2001, was under surveillance by Italian intelligence at the time of his arrest on suspicion of involvement in terrorist activities. Italian law-enforcement agents said the US abduction disrupted their case. US official privately alleged, when his abduction became public, that Nasr was recruiting operatives to travel to Iraq to oppose the looming US invasion.
The CIA declined to comment.
Nasr’s allegations of torture are unproven, but torture is common in Egyptian prisons — as it is in a number of other countries that have been used in the US rendition program. The US State Department in its annual report on Egypt’s human rights practices said in 2004 that Egyptian “security forces continued to mistreat and torture prisoners, arbitrarily arrest and detain persons, hold detainees in prolonged pretrial detention, and occasionally engaged in mass arrests.”
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2. Dame Justice | 11.04.09
Please publish the names of the 23 individuals convicted, including the names of those acquitted. I am an American appalled at what my own government did–and has now failed to correct–shamed that it took the Italians (of all people) to reprove us for kidnapping and torture. I am going to make every effort to and see that these people face justice and serve their sentences. Even if the federal government declines to extradite the convicted CIA personnel, conceivably state governments might do so.
3. Shane234 | 11.04.09
I can’t help but think that the “message” would have been more effective if they hadn’t acquitted all 3 of the Italian operatives allegedly involved.
4. liz | 11.04.09
Why blame the CIA agents? They were simply obeying orders from above. It is appalling how a government which preaches democracy to all others and chides them for poor humanitarian records conveniently forgets all it preaches when it comes to following its own agenda.
5. Kathy | 11.04.09
Next time the duck and cover Italians ask for America’s help, I say let them fend for themselves.
6. Joe | 11.04.09
Shane234 said exactly what I was thinking. The fact that all the Italians were acquitted makes me feel that this is more political than idealistic.
As for liz, “just following orders” is not an excuse anyone should accept. They call it the Nuremburg defense and if you don’t know the awful history of it, you should read about it. Moreover, hypocrisy is not unique to any one country. If you’re going to charge them with that, you can find a lot of other countries to blame, including the USA.
7. kb | 11.04.09
What cynicism on the part of the Italian court to convict the Americans but acquit the Italians “to protect Italian state secrets”. Yes, please publish the names of the Americans, so I can commend them publicly for their service. Good job, men! You are appreciated, even if some here in the US, and the weasels in Europe, have no spine. Hard to imagine how bad things would be without folks like you, doing the hard work! Thank you! (And I suggest you NOT visit Italy any time soon… no great loss, just a bunch of old buildings, very very crowded, but great food!)
8. captainkona | 11.04.09
Aside from the economy, here’s even more evidence of Bush Administration failure and the far reaching results.
We’ll be cleaning up after the NeoCons for a long time to come.
9. micsix | 11.04.09
Italy has great food and great people but Italian politics are some of the most corrupt in the western world to the point that Italy has a criminal oligarch for a prime minister. The idea of an American CIA agent ever spending 1 minute in Italian jail is ludicrous. Who is going to arrest them? Does anyone think that America is going to let some 3rd rate power really interfere with its operations? Maybe Britain, maybe even Australia or Japan and certainly Israel..but Italy..seriously?
10. David | 11.04.09
Is the law only a tool to be manipulated by those with power against those without it? We say that no one is ‘above the law’ but this apparently doesn’t include members of the CIA.
For those Americans who applaud this abuse of power, when they come for you I will still be here speaking out against the tyranny of the powerful because I believe the purpose of law is to protect us all, not to persecute the powerless because someone ‘believes’ they are evil.
How can any moral person advocate the imprisonment of someone without a trial, a conviction or even legally valid charges?
11. Gianni | 11.04.09
Please, let’s get real here. What happened was that a foreign power (the US) unlawfully kidnapped people in a country where it has no jurisdiction. Under what circumstances can that be defended?
Can you imagine the reaction if anyone did that on US streets — stop and picture it.
The actions are simply indefensible under any interpretation of sovereignty. Let’s stop trying to finesse it - we broke the law in a grotesque and inexcusable manner, the end does not justify the means, especially when the means is kidnapping and torture.
12. Tom S. | 11.04.09
The lessons the Italans think they have to teach in this matter would have come across more strongly had they demonstrated similar resolve with repect to the hijackers of the Achillie Lauro.
13. Michael D | 11.04.09
fair enough regarding the convictions: they committed a crime and the court seems to have done its job.
so, wonder how those courts will do regarding berlusconi (ahem)
14. Luca | 11.05.09
kb: a European arrest warrant has been issued, so that as soon as those guys touch the EU soil (including UK, France, Germany, Spain and more) they’ll be handcuffed.
Greetings from the country of the ‘old buildings’ and great food!
15. Ishmael Daro | 11.05.09
I agree with what some posters have written already. If the Italian agents had been convicted as well, this would be a good ruling. But it stinks of a political move.
16. Rwilson | 11.05.09
Way to go CIA! That’s how you get a dirty job done clean. The naivety of so many is astounding. Why do police carry self-defense weapons and why do militaries exist if everyone would just follow simple rules? America had been yelling from the front porch towards those bad kids during the Clinton Administration and under the Bush Administration, the dogs of war were finally released to deal with those who will not follow civil society rules. Do I care if a third country like Egypt beats its prisoners? Nope, because then I’ll need to care about Serbia, Iran, Saudi Arabia, Burma, my the human rights violators list never stops… Will Osama Bin Laden ever come willingly to a Human Rights Court to face his punishment? Yes or no? You know the answer… he’ll be dragged kicking and screaming to face his accusers and all of you will be whining about how badly he was treated. Get the rope and make sure it’s new!
17. Steven Leonard | 11.07.09
I am for hire to help capture these 23 fugitives and bring them to Justice. They should be held accountable and I praise teh Italian Court’s for rendering Justice that our American System failed to do.
18. TS | 11.07.09
Italian is always like this. They surrendered WWII much earlier than Germany and Japan; therefore, they could minimize damage caused by war. I feel Italy is trying to distract Al Qaeda from attacking their land. Italian is always changing the lane, following the current of the times – a weathercock.
19. Ben | 11.09.09
I think people can support jailing without trial because there IS evidence these people have done bad things, like plotting terrorist attacks and recruiting suicide bombers. The problem with trials in the 1st world is that the other TERRORISTS then know your informants, taps, etc. So they use things like rendition to get information to stop attacks.
No gov’t has any desire to just arrest people for the heck of it. US actions probably were legal and with the support of Italian leaders (hence Italian intel involvement). This case is just silly. If anyone is guilty it is the US AND Italian governments, renditions are not comparable to Nuremberg. Kidnapping a terrorist vs. killing people for being Jewish, NOT the same in any context.
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1. Charles Duwel | 11.04.09
I would give this ruling the respect it deserves but I don’t know how to swear in Italian.