http://www.swissinfo.org/eng/front/detail/Cabinet_backs_inquiry_into_CIA_flight.html?siteSect=105&sid=7529189

Cabinet backs inquiry into CIA flight

The government has authorised plans to launch criminal proceedings over 
an alleged CIA flight that took a kidnapped Muslim preacher across Swiss 
airspace.

The CIA allegedly flew Nasr Osama Mustafa Hassan - known as Abu Omar - 
from Aviano air base in Italy across Switzerland to Ramstein air base in 
Germany, and then on to Cairo in Egypt, in February 2003.



"In the view of the government, the use of Swiss air space for an 
abduction cannot be tolerated," said a statement by the seven-member 
cabinet on Wednesday.

"There is evidence that basic norms of international law were violated."

Nasr was released on Sunday when an Egyptian state security court judged 
his detention for four years in Egypt to have been unfounded.

Daniel Wendell, spokesman for the US embassy in Bern, said he was aware 
of the decision but had no specific comment concerning Abu Omar.

But he reiterated: "The United States has not used the airspace or 
airports of any country for the purpose of transporting a detainee to a 
country where he will be tortured."


Swiss investigation



Swiss prosecutors opened an investigation in December 2005 and applied 
to the cabinet a year later for permission to start proceedings against 
those involved in the kidnapping on suspicion that they violated the 
country's law.

"Switzerland does not tolerate human rights violations even in the fight 
against terrorism," the cabinet said.

The government cited possible violations of the country's law concerning 
forbidden activities by foreign agents. Under that law, a sentence of up 
to three years in prison can be imposed on anyone who undertakes actions 
for a foreign government on Swiss territory without permission.

It also specifies a prison term of at least one year for abduction 
through violence, trickery or threats, followed by delivery to an agency 
or organisation outside Switzerland.


Suspect flights



In June 2006, the Federal Civil Aviation Office said CIA planes landed 
in Switzerland 58 times and flew through the country's airspace 73 times 
between February 2001 and February 2006.

One plane, registered to the US Department of Defence, flew across the 
country twice on February 17, 2003, on a flight from Ramstein to Aviano 
and back again to Ramstein.

Italian prosecutors reportedly have identified the plane – a Learjet 35 
with the call sign SPAR92 – as being used to fly Abu Omar to Ramstein, 
from where he was taken on another plane to Cairo.

Italian authorities, meanwhile, are holding a preliminary hearing in 
Milan to decide whether to indict 26 Americans and five Italian 
intelligence officials on criminal charges in the alleged 2003 abduction 
of Abu Omar. That hearing will conclude on Friday.


Damning EU report



In a parallel development on Wednesday, European Union lawmakers accused 
European governments and secret services of accepting and concealing 
secret US flights of terrorism suspects across the continent.

The European parliament approved a damning report on secret CIA flights 
and voted to accept a non-binding resolution concluding a year of 
investigations into allegations that the CIA secretly held terror 
suspects in Europe and flew some to states that practise torture. 
Switzerland, which is not in the EU, is not mentioned in that report.

According to the EU report, the US had operated 1,200 flights, flying 
suspects on to states where they could face torture.

The article adopted by the parliamentarians said the European Parliament 
"condemns extraordinary rendition as an illegal instrument used by the 
United States in the fight against terrorism".

swissinfo with agencies

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