Sharky
8 June 2007, 16:05
Trial Opens in Italy Against CIA Agents
06/08/2007 18:49 GMT
By COLLEEN BARRY
Associated Press Writer
MILAN, Italy
The first trial involving the CIA's extraordinary rendition program opened in Italy on Friday without the presence of any of the 26 American defendants _ a case that threatens to expose the workings of the U.S. and Italian intelligence agencies.
Highlighting the strain the trial has placed on U.S.-Italian relations, it began on the same day President Bush arrived in Rome for meetings with the pope, Italy's premier and president.
After ruling on several motions, the judge postponed the trial until June 18 so he could consider a defense request to suspend the proceedings until Italy's Constitutional Court rules on matters related to the case later this year.
The Italian government has asked the country's highest court to throw out the indictments against the Americans _ all but one of them believed to be CIA agents _ who are accused of abducting Osama Moustafa Hassan Nasr from a Milan street on Feb. 17, 2003.
The government is concerned that a trial might embarrass Italy's intelligence community over the handling of a highly secret operation by publicly airing details about the U.S. program of extraordinary rendition. The program moves terrorism suspects from country to country without public legal proceedings.
Italian prosecutors say Nasr, also known as Abu Omar, was abducted in an operation coordinated by the CIA and Italian intelligence, then transferred to U.S. bases in Italy and Germany before being moved to Egypt, where he was imprisoned for four years. Nasr, who was released Feb. 11, said he was tortured.
Prosecutor Armando Spataro argued vigorously that the court must continue its deliberations despite the pending case in the highest court.
"In a democracy, the separation of powers is critical," Spataro told the court. He also denied any state secrets were involved in the preparation of the case.
In addition to the Americans, seven Italians were also indicted in the case, including Nicolo Pollari, the former chief of military intelligence. Pollari, who was not present Friday, has denied any involvement by Italian intelligence in the abduction.
Pollari's lawyer, Titta Madia, said he sought the suspension so both sides know which evidence can be used.
Only one defendant showed up in court, Luciano di Gregori, who worked at the Italian intelligence agency at the time of Nasr's abduction. "I have been doing this work for 33 years," di Gregori said. "I did it with my head held high and in the full light of day. I have nothing to hide."
The 26 Americans, meanwhile, have left Italy, and a senior U.S. official has said they would not be turned over for prosecution even if Rome requests it. The government has not yet responded to prosecutors' requests to seek their extradition.
In Friday's hearing, Magi allowed Nasr and his wife to be listed as injured parties in the case, a status that allows their lawyers to question witnesses alongside the prosecution. However, Magi rejected a bid to name the CIA and the Italian intelligence agency as responsible parties. Such a move could have exposed the agencies to possible financial damages in the event of convictions.
Magi also denied another defense motion to strip the Americans of their fugitive status and another to close the trial to the public.
Nasr's Egyptian lawyer traveled to Italy to participate in the trial and said Nasr wanted to do the same, even though he would face an Italian arrest warrant, but was being prevented from leaving Egypt. He also said Nasr's wife, Nabila Ghali, tried to leave for Italy early Friday to attend the trial but was stopped by authorities at the airport.
"His presence is very important because he brings the accusations to life," said Montasser al-Zayat.
At the time of his abduction, Nasr was under investigation, but a warrant for his arrest was not issued until about two years after he was imprisoned in Egypt. Al-Zayat said Nasr has lost about 70 percent of his hearing in both ears, has a lesion on his spine and suffers depression as a result of the torture he endured.
Critics of the extraordinary rendition program were watching the trial closely.
"It is painful to see the type of treatment meted to prosecutors of the caliber of Armando Spataro and Fernando Pomarici _ public prosecutors who for years have been fighting terrorism, not without great personal risk, and always with great respect to the rule of law," Council of Europe investigator Dick Marty wrote in a report released Friday that accused Italy and Germany of obstructing investigations into alleged secret detentions by the CIA.
06/08/2007 18:49 GMT
By COLLEEN BARRY
Associated Press Writer
MILAN, Italy
The first trial involving the CIA's extraordinary rendition program opened in Italy on Friday without the presence of any of the 26 American defendants _ a case that threatens to expose the workings of the U.S. and Italian intelligence agencies.
Highlighting the strain the trial has placed on U.S.-Italian relations, it began on the same day President Bush arrived in Rome for meetings with the pope, Italy's premier and president.
After ruling on several motions, the judge postponed the trial until June 18 so he could consider a defense request to suspend the proceedings until Italy's Constitutional Court rules on matters related to the case later this year.
The Italian government has asked the country's highest court to throw out the indictments against the Americans _ all but one of them believed to be CIA agents _ who are accused of abducting Osama Moustafa Hassan Nasr from a Milan street on Feb. 17, 2003.
The government is concerned that a trial might embarrass Italy's intelligence community over the handling of a highly secret operation by publicly airing details about the U.S. program of extraordinary rendition. The program moves terrorism suspects from country to country without public legal proceedings.
Italian prosecutors say Nasr, also known as Abu Omar, was abducted in an operation coordinated by the CIA and Italian intelligence, then transferred to U.S. bases in Italy and Germany before being moved to Egypt, where he was imprisoned for four years. Nasr, who was released Feb. 11, said he was tortured.
Prosecutor Armando Spataro argued vigorously that the court must continue its deliberations despite the pending case in the highest court.
"In a democracy, the separation of powers is critical," Spataro told the court. He also denied any state secrets were involved in the preparation of the case.
In addition to the Americans, seven Italians were also indicted in the case, including Nicolo Pollari, the former chief of military intelligence. Pollari, who was not present Friday, has denied any involvement by Italian intelligence in the abduction.
Pollari's lawyer, Titta Madia, said he sought the suspension so both sides know which evidence can be used.
Only one defendant showed up in court, Luciano di Gregori, who worked at the Italian intelligence agency at the time of Nasr's abduction. "I have been doing this work for 33 years," di Gregori said. "I did it with my head held high and in the full light of day. I have nothing to hide."
The 26 Americans, meanwhile, have left Italy, and a senior U.S. official has said they would not be turned over for prosecution even if Rome requests it. The government has not yet responded to prosecutors' requests to seek their extradition.
In Friday's hearing, Magi allowed Nasr and his wife to be listed as injured parties in the case, a status that allows their lawyers to question witnesses alongside the prosecution. However, Magi rejected a bid to name the CIA and the Italian intelligence agency as responsible parties. Such a move could have exposed the agencies to possible financial damages in the event of convictions.
Magi also denied another defense motion to strip the Americans of their fugitive status and another to close the trial to the public.
Nasr's Egyptian lawyer traveled to Italy to participate in the trial and said Nasr wanted to do the same, even though he would face an Italian arrest warrant, but was being prevented from leaving Egypt. He also said Nasr's wife, Nabila Ghali, tried to leave for Italy early Friday to attend the trial but was stopped by authorities at the airport.
"His presence is very important because he brings the accusations to life," said Montasser al-Zayat.
At the time of his abduction, Nasr was under investigation, but a warrant for his arrest was not issued until about two years after he was imprisoned in Egypt. Al-Zayat said Nasr has lost about 70 percent of his hearing in both ears, has a lesion on his spine and suffers depression as a result of the torture he endured.
Critics of the extraordinary rendition program were watching the trial closely.
"It is painful to see the type of treatment meted to prosecutors of the caliber of Armando Spataro and Fernando Pomarici _ public prosecutors who for years have been fighting terrorism, not without great personal risk, and always with great respect to the rule of law," Council of Europe investigator Dick Marty wrote in a report released Friday that accused Italy and Germany of obstructing investigations into alleged secret detentions by the CIA.