Wanted Cia Agent Claims Rome Knew About Omar Kidnap
Rome, 30 Nov. (AKI) - One of the 22 CIA agents wanted in Italy over the kidnapping of Egyptian imam Abu Omar from a street in Milan in February 2003 has claimed in his defence that the Italian authorities were well aware of the operation. The lawyer for Robert Seldon Lady, who headed the CIA's Milan station from 2000 to January 2004, made the claim while challenging the warrant issued for his arrest by Italian prosecutors in June this year, saying his actions had "explicit, or at least implicit authorisation from the Italian government."
However, Italian newspaper Corriere della Sera reports that "the CIA has lost the first legal round" in its fight to legitimise its practice of 'extraordinary renditions', which involves the capturing and deporting of foreign terror suspects without any trial to countries where they could be tortured.
Milan judge Enrico Manzi rejected the first line of defence used by Lady's lawyer, with a verdict establishing that no diplomatic immunity or state secret can authorise "the capture of suspects outside of every judiciary control" by either Italian or foreign secret services. Manzi therefore declared the rendition "an act of force" which "violates the sovereignty of Italy" and cannot be justified. If Lady was a official diplomat, he does have diplomatic immunity under international law. Judge can declare as much as he wants, he'll be overruled in a higher court |
Omar was already under surveillance by Italian police when he was kidnapped, suspected of having links with terrorist groups and recruiting young people to be used as martyrs in Iraq. Milan investigating magistrates say he was first taken to the Aviano American air base in northern Italy and transferred to a military base at Ramstein in Germany, from where he was then flown to Egypt in a private plane hired by the CIA. Since then he has been held at the high security Tora prison, where, he told a friend when he was briefly released, he was tortured to the point of being left partially paralysed.
Pressure has been growing for an explanation into dozens of CIA flights through Europe thought to have picked up and delivered terror suspects to prisons in countries where they may subsequently have been tortured. An investigation has been opened in Germany into the use of the Ramstein base in the Abu Omar rendition.
Italian investigators found a photograph of Abu Omar on Lady's computer, taken on the street he was seized from 33 days before he disappeared. His wife had deleted all the files on his computer, but on rebuilding the hard drive, police are reported to have found evidence that he had run searches for the shortest route from the Milan street where Omar was kidnapped to Aviano. A list of the luxurious hotels in Milan the agents accused of being involved in the kidnapping stayed in was also found in the rubbish bin in his garage. Evidence has also been uncovered that Lady was in Cairo during the two weeks when Omar is said to have suffered the most violent interrogation. Investigators tracked down two airplane tickets showing that he flew to Cairo from Zurich on 24 February 2003, and returned to Italy on 7 March.
In her first appeal, Lady's lawyer Daria Pesce, claimed he was innocent or "only following orders" and was occupying the role of consul at the time, giving him "diplomatic immunity" which also covered him for "special missions". However, this argument was rejected by the judge, who decreed that immunity does not cover "serious crimes like kidnapping". State secrets, he argued, protect "the security of Italian democracy" and not "actions carried out by foreign operatives".
The Italian government and intelligence service SISMI have always denied knowledge of the operation to capture Abu Omar. However, Lady's lawyer stated twice in his defence that "Lady, in his consular role as intelligence supervisor, undoubtedly enjoyed the authorisation of the US government in agreement with the political authorities of the Italian state" and this "Italian approval" was "indispensible" for a "special mission sent by the United States".
Italy's La Repubblica newspaper speculated on Wednesday that Italian prime minister Silvio Berlusconi could soon find himself forced to make a difficult choice: "Turn the whole affair into a state secret, thereby admitting that Palazzo Chigi [the Prime Minister's office] knew, or alternatively, hand over to the Milan prosecutor's office the names of those who authorised or kept quiet about the kidnapping of Abu Omar."
While the Bush administration has publicly defended the extraordinary rendition practice, it has always denied complicity in any torture the suspect may later have suffered in the country he was sent to.
Posted by: Steve 2005-11-30 |