http://www.muslimnews.co.uk/news/news.php?article=18761

 

Italy: CIA imam snatch damages frozen

29-09-2010

Milan, (ANSA): An Italian judge on Tuesday froze a damages payment by two
Italian former spies to an Egyptian cleric snatched by the CIA from Milan in
a high-profile 2003 'extraordinary rendition' case. 

The judge suspended the payment of 1.5 million euros to former Milan imam
Hassan Mustafa Omar Nasr and his wife by ex-military intelligence officers
Pio Pompa and Luciano Seno. But he turned down a similar request from five
CIA agents and the former commander of a US air force base on the grounds
that they carried out the abduction while Pompa and Seno were only guilty of
aiding and abetting. 

An appeals trial for the kidnapping is set to open on October 12 and is
expected to last a couple of months. 

At the end of the first trial, on November 4, 22 CIA agents and a US Air
Force colonel were convicted in absentia, with most given five-year jail
sentences. 

Italy's top two former spies, former SISMI (now AISE) chief Nicolo' Pollari
and his ex-No.2 Marco Mancini, were acquitted. 

The two-year trial was the first, long-awaited judicial examination of the
controversial US rendition policy. 

The top US defendant, former CIA Milan station chief Jeff Castelli, saw his
diplomatic immunity plea granted. 

Two other CIA agents, Betnie Medero and Ralph Russomando, were also granted
immunity. 

Among those found guilty were the CIA's ex-Rome station chief Robert Seldon
Lady, who received an eight-year sentence, and a former US consular official
prosecutors said was an undercover agent, Sabrina De Sousa. 

Pollari and Mancini were acquitted because of a state-secrecy injunction but
Pompa and Seno got three years. 

Nasr, an Islamist wanted in Italy on suspicion of recruiting jihadi
fighters, was awarded one million euros in damages while his wife was
awarded 500,000 euros. 

The cleric, who is also known as Abu Omar, did not attend the trial because
he was unable to leave Egypt. 

Nasr disappeared from a Milan street on February 17, 2003. 

Prosecutors said he was snatched by a team of CIA operatives with SISMI's
help and taken to a NATO base in Ramstein, Germany. 

He emerged from an Egyptian prison four years later, claiming he was
tortured and threatened with rape. 

US-ITALIAN FRICTION. 

The case caused friction between Italy and the United States, which voiced
its "disappointment" with the verdict. 

Italian Foreign Minister Franco Frattini said after the verdict he
sympathised with US concerns, noting that the judiciary in Italy was
independent but despite this, the Italian government had obtained the
secrecy injunction. 

He also voiced confidence that none of the Americans risked serving time. 

Some of the agents had said they were worried they would become
international fugitives but Frattini said: "I don't think those US
operatives will go to jail". 

"Judges' decisions have to be respected even when you don't agree with
them," he said. 

Extraordinary rendition was first authorised by Bill Clinton in the 1990s
and stepped up when George W. Bush declared war on terror after the
September 11, 2001 attacks by Al-Qaeda. 

Successive Italian governments denied all knowledge of the case and
consistently ruled out the possibility of extradition. 

During the trial the CIA refused to comment and its officers were silent
until Lady, the ex-Rome chief, told an Italian daily in August 2009 that he
was only following orders. 

Lady, who has now retired, said from an undisclosed location that he was ''a
soldier...in a war against terrorism''. 

Italian Premier Silvio Berlusconi and his predecessor Romano Prodi obtained
the Constitutional Court secrecy ruling, which also exempted them from
testifying. 

The trial of Nasr claimed headlines worldwide and stoked discussion of
rendition, which was extended by President Barack Obama in 2008 under the
proviso that detainees' rights should be respected. 

The Council of Europe, a 47-nation human rights body, called Nasr's case a
"perfect example of rendition". 

 



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