Abu Omar Case: Italian Court Delivers Damning Verdict on CIA Renditions

By Britta Sandberg in Milan

A court in Milan has delivered its verdict in the spectacular trial of several CIA agents involved in the 2003 kidnapping of the Islamist Abu Omar. Some 23 American agents received prison terms after being found guilty in absentia. The court's decision is a condemnation of the anti-terror policies of George W. Bush.

The same verdict was repeated 25 times: guilty. But it wasn't just the accused who were being condemned -- the court's decision was also an unmistakable verdict on American anti-terrorist practices under former US President George W. Bush.

In the world's first trial involving the CIA's "extraordinary renditions" program since the Sept. 11 terror attacks, a court in the Italian city of Milan delivered a clear verdict. A total of 23 US agents were convicted in abstentia and sentenced to prison terms over their role in the 2003 kidnapping of the Islamist Abu Omar. Twenty-two of the Americans were given five year terms while the former Milan CIA station chief Robert Lady was sentenced to eight years in prison. Three US citizens were acquitted, with reference to their diplomatic immunity.

Photo Gallery

12  Photos
Photo Gallery: The Case of Abu Omar

Italian agents were also indicted in the case, but it was harder to prove their involvement in the kidnapping. Two of them were convicted of complicity in the abduction and sentenced to three years in prison. Five more had to be acquitted, as evidence which documented their cooperation with the American agents was classified as secret and could not be used in the trial. The court also ruled that the convicted parties must pay a total of €1 million ($1.5 million) in damages to Abu Omar and €500,000 to his wife.

Taken in Broad Daylight

The Egyptian Islamist Abu Omar was abducted on Feb. 17, 2003 while he was living in Milan. Omar was seized in broad daylight on the open street, pushed into a white van, taken to the Aviano military airport and then flown to Egypt via the US Ramstein Air Base in Germany. In Egypt, he was held without being charged and without access to a lawyer. Omar, who was only released on Feb. 11, 2007, claims he was tortured by local investigators during his detention.

The case only attracted international attention when the Italian prosecutor Armando Spataro began looking into the background to the abduction. Spataro spent five years putting together the pieces of the puzzle; hardly ever has a covert CIA operation been reconstructed in such minute detail. In the process, Spataro experienced just what the consequences of such a commitment to the truth can be. His communications were monitored, the Italian intelligence service placed him under observation and there were even investigations into whether he had betrayed state secrets. The government tried again and again to silence him.

"This trial will also show whether the political powers-that-be in Italy today are in a position to influence independent investigations -- and whether a public prosecutor is still allowed to prosecute a criminal act as such," Spataro said ahead of the verdict.

Following the court's decision Wednesday, he said he was "very satisfied." Even if in all likelihood none of the US agents will ever actually have to go to prison, given that they live outside Italy, "the message is clear," Spataro told SPIEGEL ONLINE. "Terrorism must be combated within the framework of existing laws." He now hopes that in the US, "members of Barack Obama's government will take this ruling as an opportunity to investigate and make public what happened in relation to the secret CIA abductions."

Just Following Orders?

For Spataro, the most important thing is the conviction itself -- even if Judge Oscar Magi delivered sentences that were much less severe than those the prosecutor had demanded. Spataro had actually called for 13 years imprisonment each for the then-CIA station chief in Rome, Jeff Castelli, and Nicolo Pollari, the former head of the Italian military intelligence service SISMI. The former CIA station chief in Milan, Robert Lady, was supposed to get a 12-year prison term. Although Lady opposed unlawful abductions, he still coordinated them nonetheless.

Lady had protested his innocence in an interview with the Il Giornale newspaper in June. Abu Omar's abduction was not a criminal operation, he argued, but a state affair conducted in the name of the war on terror. "I was a soldier I could not discuss the orders I received," he was quoted as saying.

Arianna Barbazza, a Milan-based lawyer appointed by the court to defend Lady, called for an acquittal for him and 11 other US agents that she represented. "If they are convicted, then people will have been convicted who were simply following orders," she told SPIEGEL ONLINE before the announcement of the verdict. "In this sense, this trial is therefore a political trial."

"This was no gang of bandits who kidnapped an Arab," Barbazza said. "They were acting on orders."

Spataro had offered to make a deal with Lady if he testified as a witness against the CIA. But the former agent could not and would not accept the offer -- even though his former employer provided him precious little support in the trial. Lady was refused a lawyer and generally treated as if the trial in Italy was not taking place. On Wednesday, a spokesman for the US State Department said little more than: "We are disappointed by the verdicts."

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Graphic: The kidnapping of Abu Omar Zoom
DER SPIEGEL

Graphic: The kidnapping of Abu Omar



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