|
The War Profiteers - War Crimes,
Kidnappings & Torture |
|
October 14th,
2009 - Lawyers in CIA Trial Argue for Immunity |
|
Lawyers in CIA Trial Argue
for Immunity By Colleen Barry Associated Press October 14, 2009 Milan - Lawyers for two
high-ranking former CIA operatives in Italy charged in the 2003 kidnapping of
an Egyptian cleric argued on Wednesday that their clients should be granted
diplomatic immunity. They also said evidence
against the two, who were allegedly acting as part of the agency's
extraordinary renditions program, was insufficient for a conviction. Jeffrey Castelli, identified
as the former head of the CIA in Rome, is the highest-level American
defendant among the 26 charged in what prosecutors argue was a CIA-led
extraordinary rendition of a terror suspect. Prosecutors are seeking 13
years in jail for Castelli, citing his alleged role in orchestrating the
abduction along with the former head of the Italian military intelligence,
and 12 years for Robert Seldon Lady, the Milan station chief at the time. It is the first trial
anywhere in the world scrutinizing extraordinary renditions, which human
rights advocates say were the CIA's way of outsourcing the torture of
suspected terrorists to countries where it was practiced. The CIA has declined to
comment on the case, and Italy's government has denied involvement. Lawyers
have entered innocent pleas for the Americans, who are considered fugitives
and risk arrest in Italy. Seven Italians also are charged. Matilde Sansalone argued
that Castelli enjoys immunity because he was an accredited diplomat at the
U.S. Embassy in Rome at the time of the disappearance on Feb. 17, 2003 of
Osama Moustafa Hassan Nasr, an Egyptian cleric who at the time was under
investigation as a terror suspect by Italian authorities. Another lawyer, Arianna
Barbazza, argued that Lady too should be granted immunity, and said that
evidence linking him to the cleric's disappearance is insufficient. Sansalone and Barbazza are
both court-appointed lawyers, and have had no contact with their clients. The judge in the preliminary
hearing phase already has ruled out immunity for the U.S. defendants because
of the severity of the charges. Sansalone also said during
her closing arguments that much of the testimony presented against Castelli
was no longer admissible, due to a ruling by Italy's Constitutional Court
striking any evidence referring to the workings of the Italian or American
secret services. This includes testimony indicating a meeting between
Castelli and the head of Italian military intelligence, Nicolo Pollari. Even if it were admitted,
Sansalone argued that the evidence in no way proves her client's involvement.
She also argued there was no evidence indicating he orchestrated the
kidnapping, saying that responsibility was assigned only because of his
high-level position at the embassy. Barbazza, who represents
half of the American defendants, said her remaining 12 clients have been
identified on the basis of such evidence as poor quality passport photographs
or cell phone records. She argued the evidence does not meet standards for
positively identifying defendants charged with a crime as serious as
kidnapping. "They need to be
acquitted because we don't have certain and physical identification,"
she told the court. Prosecutors say Nasr was
taken in broad daylight from a Milan street on Feb. 17, 2003, transferred in
a van to the Aviano Air Base in northern Italy, then flown to the Ramstein
Air Base in southern Germany before being flown onward to Egypt - where he
was allegedly tortured. Barbazza and another
court-appointed lawyer, Alessia Sorgato, also said that if the judge
determined there was indeed a CIA order for Nasr's kidnapping, the defendants
would be innocent because they were subordinates following orders. "They were the last
link of a long chain," Barbazza said. Defense arguments continue
next week. A verdict is expected in November. Copyright © 2009 The
Associated Press. External link: http://www.google.com/hostednews/ap/article/ALeqM5iFK6jJ12W23VZD-Hsw_RZIo67JnwD9BB0AD80 |