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U.S. faces questions over 'kidnappings' in Europe
By Mark Trevelyan, Security Correspondent
Fri May 20, 2005 09:53 AM ET

BERLIN (Reuters) - Pressure is growing on the United States to respond to
allegations that its agents were involved in spiriting terrorist suspects
out of three European countries and sending them to nations where they may
have been tortured.

In Italy, a judge said this week that foreign intelligence officials
"kidnapped" an Egyptian suspect in Milan two years ago and took him to a
U.S. base from where he was flown home.

In Germany, a Munich prosecutor is preparing a batch of questions to U.S.
authorities on the case of a Lebanese-born German who says he was arrested
in Macedonia on New Year's Eve 2003 and flown by U.S. agents to a jail in
Afghanistan.

And in Sweden, a parliamentary ombudsman has criticised the security
services over the expulsion of two Egyptian terrorism suspects who were
handed over to U.S. agents and flown home aboard a U.S. government-leased
plane in 2001.

Campaign group Human Rights Watch said there was credible evidence the
pair had been tortured while being held incommunicado for five weeks after
their return. One was later convicted in a "patently unfair" trial.

"We know it's not right to send people back to torture. That's criminal.
That's the one factor that ties all these cases together right now," Julia
Hall of Human Rights Watch said in a telephone interview.

"But whether they're kidnappings, whether they're abductions, whether they
occur always with the collaboration of security services in the host
country -- these are things that still have yet to be determined."

ASSURANCES AGAINST TORTURE

Secret transfers of suspects to foreign states for interrogation are an
acknowledged tool of the United States in the war on terrorism, but it
denies charges that the practice -- known as rendition -- amounts to
outsourcing torture.

"(In) the post-9/11 world, the United States must make sure we protect our
people and our friends from attack ... And one way to do so is to arrest
people and send them back to their country of origin with the promise that
they won't be tortured," President George W. Bush said in March.

"We seek assurances that nobody will be tortured when we render a person
back to their home country."

Human Rights Watch argues such assurances are worthless.

The latest twist came in the case of Egyptian cleric Hassan Mustafa Osama
Nasr, who disappeared from a Milan street in February 2003.

Italian judge Guido Salvini said in a court document, obtained by Reuters:
"It is now possible to affirm with certainty that he was kidnapped by
people belonging to foreign intelligence networks interested in
interrogating him and neutralising him, to then hand him over to Egyptian
authorities."

Although he did not identify the foreign agents responsible, Salvini said
Nasr had been "taken to an American base, interrogated and beaten and
taken the next day on board a U.S. military plane" to Egypt.

It was not until a year later, Salvini said, that Nasr was heard from
again in phone calls, including one to his wife. Italian media have
reported he told her he was tortured in Egypt and partially lost his
hearing.

Salvini is investigating suspects linked to Nasr and is not responsible
for the probe into his disappearance. That case is being handled by the
Milan prosecutor's office, which said Salvini did not have access to all
the documents and expressed surprise at his conclusions.

But his comments were the hardest yet by judicial authorities in Europe on
the alleged renditions.

GERMAN PROBE

In Germany, Munich prosecutor Martin Hofmann said he was finalising an
official request to the United States for information on the case of
Khaled el-Masri.

The German citizen says he was arrested in Macedonia on Dec. 31, 2003 and
flown by U.S. agents to an Afghan jail. Only five months after being
seized was he flown back to Europe and dumped without explanation in
Albania, from where he made his way home.

NBC News reported last month that Masri was snatched because he shared the
same name as an al Qaeda suspect. It said even when investigators realised
the error, he was held another six weeks in an Afghan jail dubbed the Salt
Pit before being freed.

"I'm investigating kidnapping, physical injury, duress and deprivation of
freedom," said Hofmann, who is also seeking information from Macedonia and
Albania.

But investigators face formidable obstacles to prove what happened and
hold anyone to account. Hofmann said he could not bring any charges unless
he could identify those individuals involved in Masri's alleged abduction.

"The problem is, I need the persons responsible. So far the investigation
is into 'unknown persons'," he told Reuters.

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