On Nov. 4, an Italian judge rendered a landmark decision against the U.S. government’s illegal practice of “rendition” kidnappings in the “war on terror.” The judge, Oscar Magi, convicted 23 U.S. citizens, almost all CIA operatives, for the kidnapping of a Muslim cleric commonly known as Abu Omar. He was abducted in Milan, Italy, in broad daylight on Feb. 17, 2003, and was flown from a U.S. military base in Italy to Germany and then to Egypt, where he said he was tortured. He was released without charge in February 2007.
Judge Magi gave the longest jail sentence, eight years, to Robert Seldon Lady, a former CIA Base Chief in Milan. The 22 other convicted defendants, including an Air Force colonel and 21 CIA agents, received five-year sentences. They were tried and convicted in absentia, and are now considered fugitives. Magi also sentenced two Italian secret service agents to three-year prison terms.
At the same time, the court ruled that three other U.S. citizens, including the former CIA station chief in Rome, Jeffrey Castelli, had diplomatic immunity so could not be convicted. It also did not convict five high-ranking Italians who were on trial as well, citing state secrecy concerns.
In addition to the convictions, Magi called for $1.45 million in damages to Abu Omar, and $750,000 for his wife, Ghali Nabila.
Administration continues illegal policies
The Obama administration has continued illegal policies that were rampant during the Bush presidency, and Obama has repeatedly worked to block any attempt to investigate crimes committed by the United States in the so-called war on terror. The current administration claims to have shut down secret overseas prisons but has not renounced the policy of renditions, in which people are kidnapped and sent to other countries often to be tortured. State Department spokesman Ian C. Kelly said that the administration is “disappointed” by the verdict. Citing a possible appeal, he declined to comment on specifics of the case.
The prosecutor in the case, Armando Spataro, indicated that he might ask the Italian government for an international arrest warrant for the Americans. Although the criminals convicted of the crime against Abu Omar may never serve their prison sentences, the trial serves as a clear condemnation of the U.S. rendition policy. Coming in a country whose government has been a U.S. ally, it is an indication of significant disagreements between Europe and the United States on the so-called war on terror.
The case developed and came to trial in spite of very restrictive conditions set by Italy’s Constitutional Court, which ruled that state secrecy laws rendered inadmissible any discussion revealing details of coordination between the Italian secret services and the CIA. In spite of those extreme restrictions, Spataro built the case by reconstructing the movements of the suspects, leading to the convictions. The convictions, coming in a country long allied with the U.S. government, could set a precedent, encouraging other countries to bring additional cases to reaffirm their sovereignty in response to CIA kidnappings.
