CIA AGENTS GUILTY OF ITALY KIDNAP

BBC NEWS
urope/8343123.stm
2009/11/04 19:31:47 GMT

An Italian judge has convicted 23 Americans – all but one of them
CIA agents – and two Italian secret agents for the 2003 kidnap of a
Muslim cleric.

The agents were accused of abducting Hassan Mustafa Osama Nasr,
known as Abu Omar, from Milan and sending him to Egypt, where he was
allegedly tortured.

The trial, which began in June 2007, is the first involving the CIA’s
so-called "extraordinary rendition" programme.

The Obama administration has expressed its disappointment at the
convictions.

"We are disappointed by the verdicts," state department spokesman
Ian Kelly said in Washington.

He declined to comment further pending a written opinion from the
judge, but said an appeal was likely.

Three Americans and five Italians were acquitted by the court in Milan.

Symbolic ruling

The Americans were all tried in their absence as they have not been
extradited from the US to Italy.

" For us, this first case puts the war on terror on trial " Joanne
Mariner Human Rights Watch spokeswoman The CIA’s Milan station chief
at the time, Robert Lady, was given an eight-year term, while the
other 22 Americans convicted – one of them a US air force colonel –
were sentenced to five years in prison.

Lawyers for the 23 Americans said they would appeal against their
convictions.

The two Italian agents, who were convicted as accomplices to
kidnapping, were given three-year prison terms.

The court also ruled that those convicted must pay 1m euros ($1.5m)
in damages to Abu Omar and 500,000 euros to his wife.

CIA spokesman George Little in Washington declined to comment on the
convictions, telling the Associated Press news agency: "The CIA has
not commented on any of the allegations surrounding Abu Omar."

Secrecy laws

Italian prosecutors said Abu Omar was taken as part of a series of
extraordinary renditions carried out by the CIA – when terror suspects
were moved between countries without any public legal process.

They told the court he had been kidnapped in daylight on a Milan
street in February 2003 and flown to Germany, and then Cairo, where
he was held for years until being released without charge.

Judge Oscar Magi acquitted the CIA chief for Rome, Jeffrey Castelli,
saying he was protected by state secrecy rules, as were the former
head of Italy’s military intelligence agency, Nicolo Pollari, and
his deputy, Marco Mancini.

Mr Pollari, who resigned over the affair, told the court earlier this
year that documents showing he had no involvement in the kidnapping
were classified under secrecy laws.

Prosecutor Armando Spataro rejected the argument that legal provisions
could shield those accused from prosecution, saying any agreement to
carry out a kidnapping was "absolutely against Italian law".

He had sought a 13-year jail term for Mr Castelli and Mr Pollari and
12 years for Robert Lady.

Activist group Human Rights Watch welcomed the verdict, saying it sent
"a strong signal of the crimes committed by the CIA in Europe".

Spokeswoman Joanne Mariner said: "For us, this first case puts the
war on terror on trial."