The War Profiteers - War Crimes, Kidnappings & Torture

 

May 27th, 2009 - Ex-Spy Chief in Italy Denies Role in CIA Kidnap

News article from the Associated Press

News article from Agence France Presse

Summary of the Abu Omar Kidnapping Case

Ex-Spy Chief in Italy Denies Role in CIA Kidnap

 

By Colleen Barry

Associated Press

May 27, 2009

 

Milan - The former head of Italy's military intelligence told a court Wednesday he had no role in the kidnapping of an Egyptian terror suspect - allegedly as part of the CIA's extraordinary rendition program - but claimed he cannot prove his innocence because the evidence is classified.

 

Nicolo Pollari is among seven Italians and 26 Americans on trial in the case, the first trial in any country involving the CIA's extraordinary renditions program.

 

"I am absolutely not involved" in the kidnapping, Pollari said, reading a prepared statement to the court. "But to defend myself as any citizen, I would have to refer to contents and documents that by law I cannot."

 

All seven Italian suspects deny involvement and have declined to answer prosecutors' questions relating to the kidnapping, citing a constitutional court order preventing them from revealing classified information.

 

The Italians appeared in court Wednesday, all but one making their first appearance in the two-year-old trial, while the American suspects are being tried in their absence.

 

Successive Italian governments have denied any involvement in the Feb. 17, 2003 abduction of Egyptian cleric Osama Moustafa Hassan Nasr, also known as Abu Omar, from a Milan street.

 

Prosecutors say Nasr was transported in a van to a joint U.S.-Italian base in northern Italy, flown to a U.S. air base in Germany and onward to Egypt, where he said he was tortured. He has since been released in Egypt without charge.

 

The case is the first to scrutinize extraordinary renditions, under which the CIA transferred terror suspects to third countries for interrogation. Human rights advocates charge that renditions were the agency's way to outsource the torture of prisoners to countries where torture was permitted. The CIA has declined to comment on the Italian case.

 

Several defendants, including Pollari's ex-deputy Marco Mancini, on Wednesday presented letters from Premier Silvio Berlusconi's office, reminding them not to make disclosures that would reveal state secrets.

 

Italy's constitutional court ruled that no evidence could be permitted in the trial that would reveal operations between Italian secret services and their foreign counterparts, or that would show how Italian intelligence operated.

 

Only Pollari and his lawyers voiced discomfort with the order, arguing that it conflicted with his right to defend himself. Pollari says some 80 documents can prove that he had absolutely no involvement in the case, but they are classified.

 

"I cannot use these documents. It is not my choice. I respect the law, which I have never broken," Pollari said.

 

Pollari told the court he would never have participated in an extraordinary rendition. He was replaced as head of Italy's Sismi intelligence agency in 2006, after about four years in his post.

 

Copyright © 2009 The Associated Press.

 

External link: http://www.google.com/hostednews/ap/article/ALeqM5iM_YyWi9inE9T_InTSAg1w3qlraAD98ELN8O0


Ex-Italian spy denies involvement in CIA kidnapping

 

By Gina Doggett

Agence France Presse

May 27, 2009

 

Milan, Italy - The former head of Italian military intelligence Wednesday denied at a landmark trial any role in the CIA kidnapping of an Egyptian imam from a Milan street six years ago.

 

"I am totally outside of the events under discussion," Nicolo Pollari told the court, adding that documents that could prove his innocence were protected by state secrecy laws.

 

"The documents show irrefutably that ... I never gave any moral, material or any other support to the crime," said Pollari, who had to resign from the head of the military intelligence arm SISMI over the affair.

 

The abduction of the imam known as Abu Omar was part of the CIA's covert "secret rendition" programme under which terror suspects were transferred outside the judicial process to third countries known to practise torture.

 

The 26 US defendants in the case - 25 CIA agents and a US air force colonel - are being tried in absentia.

 

The six other Italian defendants took the stand Wednesday but refused to answer any questions put by lead prosecutor Armando Spataro, saying they were protected by state secrecy laws.

 

Judge Oscar Magi adjourned the trial to June 10 after Spataro argued that "illegitimate orders cannot be covered by state secrecy laws" and asked the court to use statements made by the defendants during the investigation.

 

"State secrecy doesn't cover crime and doesn't constitute a reason for non-punishment," Spataro said.

 

The prosecutor later told AFP that if Magi admitted evidence from the probe, "it should be possible to finish the case before summer."

 

Successive Italian governments have declined to seek the extradition of the American defendants in the case, who include the former CIA substation chief in Milan, Robert Seldon Lady.

 

Government lawyers sought to have it thrown out as a threat to national security.

 

The issue went before Italy's Constitutional Court, which agreed that part of the investigation had violated state secrecy provisions but said the prosecution could use evidence obtained correctly.

 

The imam's suspected captors failed to take many standard precautions, notably speaking openly on cell phones, leaving investigators in Milan to suspect that the Americans had cleared their intentions with senior Italian intelligence officials.

 

Abu Omar, whose real name is Osama Hassan Nasr, was snatched from a Milan street on February 17, 2003.

 

The imam, a member of a radical Egyptian Islamist opposition group who had been accorded political asylum in Italy, was transferred to a high-security prison outside Cairo, where he was held for four years.

 

After his release in February 2007, he spoke of torture and humiliation during his incarceration.

 

His seizure was thought to be among scores of secret abductions around the world since the attacks of September 11, 2001.

 

Last week Judge Oscar Magi ruled that Prime Minister Silvio Berlusconi and his predecessor Romani Prodi would not have to testify in the trial, saying their testimony would be "superfluous" and might compromise state secrecy.

 

The kidnapping took place during staunch US ally Berlusconi's second stint as prime minister, from 2001 to 2006, and he insists that he was never made aware of the operation.

 

Prodi's subsequent centre-left government followed Berlusconi's policy of refusing to seek the extradition of the Americans accused in the case, which is among several that have clouded bilateral ties in recent years.

 

Italian prosecutors suspect the former cleric of having fought in Afghanistan and being involved in recruiting fighters to go to Iraq. Abu Omar has denied the allegations through his lawyer.

 

Spataro had been building a potential terrorism case against Abu Omar for months before the kidnapping and had secured convictions of a number of his acquaintances.

 

The Italian prosecutor is known for his work against the left-wing militant group the Red Brigades that was active in the 1970s.

 

Copyright © 2009 AFP.

 

External link: http://www.google.com/hostednews/afp/article/ALeqM5hWzOh7PKvyJe0c4l08ZSYyIEDqkA

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