
For the first time since the September 11 attacks, a court has charged and convicted former CIA officials and a military officer for their involvement in an alleged case of "rendition," a now-infamous procedure used to capture and question terrorism suspects. Following a months-long trial, for which none of the defendants were present, a Milan court today convicted 23 CIA operatives and one Air Force colonel in the kidnapping a Muslim cleric, who says he was later tortured in Egypt.
The implications of the ruling range from banal to the profound. The CIA operatives and an Air Force officer can forget about spending the summer in Provence, or any European Union country for that matter. But more fundamentally, the case raises questions about diplomatic immunity and the ability of foreign courts to try U.S. officials in cases of supposed human rights and other abuses.
The case relates to an incident that happened in February 2003, when an agency team hustled a top al Qaeda suspect known as Abu Omar into a van, rushed him to the U.S. air base at Aviano, and flew him to Cairo via Ramstein, Germany, for interrogation.
Italian police later intercepted a telephone call from Omar to his wife in Milan in which he described his abduction in detail from where he said he was captured. The detectives, mining cell phone broadcast records on the day of Omar's disappearance, easily traced the kidnapping team to its hotels and rental cars, which eventually revealed its members' true and false names and movements all over Italy.
The question of the convicted officials' status seems relatively clear. Despite a plea for the case's prosecutor, the Italian government in Rome has decided not to press Washington for extradition. Regardless, the U.S. government would be unlikely to hand them over. However, should any of the convicted enter the European Union, they will be met with handcuffs, the Milan prosecutor, Armando Spataro, told me. A European arrest warrant has been issued, which would turn over the officials to prosecutors in Milan to serve out the five- to eight-year prison sentences handed down today.
But that's where the damage ends for the CIA, a former senior U.S. intelligence officer told me. He spoke anonymously because the case still involves a still-classified operation. "No great secrets were revealed, no sensitive equipment compromised," he said.
Nor will diplomatic relations with Rome and other governments allied with Washington in the war on Islamist terrorism be undisturbed by the case. "There will be a lot of hyperbole about how this will affect diplomatic relations and renditions," said the former intelligence officer. "[B]ut in reality, nothing will change." He maintained that Italy would remain cooperative as an ally in the war on terror. "If it's in [Italy's] interest" to collaborate on future renditions, he said, "they'll do it."
For the CIA, "the issue is better field management and tradecraft." The Milan fiasco "shouldn't keep you from doing something -- just do it better."
Those convicted include Robert Seldon Lady, the CIA's man in Milan at the time. By some accounts, he objected to the operation. But he did his part because he was "a soldier," he told the Italian daily Il Giornale this summer. He was sentenced to an eight-year jail term today.
GIUSEPPE CACACE/AFP/Getty Images
Jeff Stein wrote the SpyTalk column for Congressional Quarterly from 2005 through this September.
Guilty Verdict Proves Italy is not a Banana Republic.
It was quite galling for CIA to kidnap Abu Omars from a friendly and allied country, Italy. The Italian intelligence had him under surveillance, and CIA could have asked the Italians to bring him in, and interrogate him in Italy. But in the presence of Italian agents, the CIA could not torture him to
confess and give up other associates. And Egypt, which gets $2.5 billion
a year in U.S. aid, was the right place - since torture in Arab countries is a
standard practice.
But the end of the whole story proves that the CIA was the double dupe on this case. a) Abu Oman didn't have any terrorist network information to belch out after his torture in Egypt. b) Regardless of the reluctance of the Italian government to officially ask it ally, the U.S., to extradite the CIA operatives, Joseph Spataro [used Armando in this article], the Italian magistrate continued the case and finally brought justice to the case - if not to Abu Omar. Spataro, along with Spain's famous magistrate Baltazar Garzon, who has investigate various Latin American "death squads" officials for crimes committed at the behest of the CIA, are a new breed of tough judicial officials ready to take on the untouchable -so far- CIA.
I am sure CIA knows better now, and it will probably be more careful in the future. But Garzon [on Latin killers] and Spataro on CIA have set precedents that other U.S. allied magistrates may have to follow if similar cases occur, rather than be seen as meek lackeys of the U.S. when their sovereignty
is violated. And I wouldn't be surprised if at some future day, and under another regime in Pakistan, if there would be a trial of CIA people in absentia there too. The Abu Omar kidnapping in Italy definitely opened a Pandora's Box for the CIA. Nikos Retsos, retired professor
No muy amablemente Danie ferrero (dany) y Gustavo Giorgi fueron
excluidos por incompententes
The stuff missing from this story
1. The rendered guy's name isn't given, which is surprising. it has been no secret for some years now. He's also, as this story says, "known as Abu Omar"-- but why not mention his real name up front? Careless work, or just a suggestion he's some sort of lay figure, not a real human being.
2. The rendered person was innocent of any guilt and has been released with no stain on his character. This added to the sense of outrage in the Milan court, and also should have in the mind of everybody reading this story. But, well, uh, the writer doesn't seem to care or think that matters, so probably few readers will.
3. There is abundant evidence from other former Egyptian prisoners, handed over by the CIA in Cairo, that torture there has been systematic. Sopme seems to have been recorded as mobile phone videos. It seems virtually certain that the CIA expects such torture, and expects the fruits of it to be passed on to the agency. Steain blandly says the victim in this matter made what seems a passing claim to having been tortured. But that's not the case at all. There was sworn evidence of his claim. And we have no confidence that the CIA no longer hands over people to be tortured in other nations. it started boasting of doing that before 9/11.
4. If the victim of these criminal actions does get awarded a US government property in Italy, this won't be, as Stein emptily says, "ironic". It will be justice, you know, that stuff that Washington during the Bush years was claiming a planetary prescript for. The absence of justice from the initial blundering, criminal rendition seems, in Stein's mind, mainly something that those Italians are rather amusingly.asserting, Possibly that's not what he thinks. it's not all that clear. .
Although it may prove Italy is not a banana republic it says the opposite about the US and the use of the CIA for our plausable deniable President's in use very effectively from Reagan on it seems.
The jump from the Tonkien Gulf incident to the blatant "We know they have WMD's and we know where they are" leaves scant wiggle room. The use of disappearance in South America to direct involvement of the CIA here does have to make us wonder about secret programs here at home under the wildcard of terrorism or the Whim of the Plausable Deniers!!
It's great to see _someone_ being brought to justice for these things. Now, if only we can trick Bush, Cheney, Rumsfeld and the rest to take an all-expenses-paid vacation in the Riviera, or anywhere else that will extradite to Germany...
The worst of this is where one of the agents says that he was just following orders, despite his personal objection to the operation. Apparently the Nuremberg Defense is only bad when people we don't like do it.
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