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The Abu Omar Case was the abduction and transfer to Egypt of the Imam of Milan
Hassan Mustafa Osama Nasr Hassan Mustafa Osama Nasr ( ar, حسن مصطفى أسامة نصر ''Ḥassan Muṣṭafā Usāmah Naṣr'') (born 18 March 1963), also known as Abu Omar, is an Egyptian cleric. In 2003, he was living in Milan, Italy, from where he was kidnapped ...
, also known as Abu Omar. The case was picked by the international media as one of the better-documented cases of
extraordinary rendition Extraordinary rendition is a euphemism for state-sponsored forcible abduction in another jurisdiction and transfer to a third state. The phrase usually refers to a United States-led program used during the War on Terror, which had the purpose ...
carried out in a joint operation by the United States'
Central Intelligence Agency The Central Intelligence Agency (CIA ), known informally as the Agency and historically as the Company, is a civilian intelligence agency, foreign intelligence service of the federal government of the United States, officially tasked with gat ...
(CIA) and the
Italian Military Intelligence and Security Service Servizio per le Informazioni e la Sicurezza Militare (abbreviated SISMI, ''Military Intelligence and Security Service'') was the military intelligence agency of Italy from 1977–2007. With the reform of the Italian Intelligence Services a ...
(SISMI) in the context of the "
global war on terrorism The war on terror, officially the Global War on Terrorism (GWOT), is an ongoing international counterterrorism military campaign initiated by the United States following the September 11 attacks. The main targets of the campaign are militant ...
" declared by the Bush administration. Abu Omar was abducted on February 17, 2003, in Milan by agents of the SISMI and CIA, and transported to the Aviano Air Base, from which he was transferred to Egypt, where he was imprisoned for four years without charges, secluded, interrogated and "brutally tortured by America's long-standing ally, the Mubarak regime.""I pm di Milano: arrestate gli agenti della Cia"
Corriere della Sera, 24 June 2005.
The CIA operation interrupted a surveillance program that was being carried out by Italian authorities into Nasr's alleged participation in Islamist organizations. Hassan Nasr was released by an Egyptian court in February 2007, which ruled that his detention was "unfounded". He has been indicted for international terrorism offenses in Italy since 2005. The Italian government originally denied having played any role in the abduction. However, Italian prosecutors Armando Spataro and Ferdinand Enrico Pomarici indicted 26 CIA agents, including the Rome station chief and head of CIA in Italy until 2003,
Jeffrey W. Castelli Jeffrey W. Castelli is a CIA officer who served as CIA station chief in Rome at the time of the Niger uranium forgeries. His subsequent involvement in the CIA-led kidnapping of Hassan Mustafa Osama Nasr would lead to his subsequent sentencing to sev ...
, and Milan chief of base
Robert Seldon Lady Robert Seldon Lady (born February 2, 1954 in Tegucigalpa, Honduras; nicknamed "Mister Bob") is a United States agent convicted of kidnapping in Italy for his role in the CIA's abduction of Egyptian cleric Hassan Mustafa Osama Nasr in February 20 ...
, as well as SISMI head General Nicolò Pollari, his second Marco Mancini and station chiefs Raffaele Ditroia, Luciano Di Gregori and Giuseppe Ciorra."Rapimento Abu Omar, a giudizio l'ex capo del Sismi Nicolò Pollari"
La Repubblica, 16 febbraio 2007.
Referring to the Italian military intelligence agency, the Italian press has talked of a "CIA-SISMI concerted operation." The prosecutors sent
extradition Extradition is an action wherein one jurisdiction delivers a person accused or convicted of committing a crime in another jurisdiction, over to the other's law enforcement. It is a cooperative law enforcement procedure between the two jurisd ...
requests for the indicted American citizens to the Italian Ministry of Justice, then headed by Roberto Castelli, for onward transmission to Washington. However, Castelli refused to forward the demand for extradition. The affair also created controversy within the CIA when the story came to light in 2005. Porter J. Goss, the director of the CIA at the time, ordered the agency's independent inspector general to begin a review of the operation.
Jose A. Rodriguez Jr. Jose A. Rodriguez Jr. (born October 21, 1948) is an American former intelligence officer who served as Director of the National Clandestine Service Central Intelligence Agency (CIA). He was the final CIA deputy director for operations (DDO) be ...
, then head of the National Clandestine Service (NCS), stopped the inspector general's review, stating that the NCS would investigate itself. In June 2009,
Robert Seldon Lady Robert Seldon Lady (born February 2, 1954 in Tegucigalpa, Honduras; nicknamed "Mister Bob") is a United States agent convicted of kidnapping in Italy for his role in the CIA's abduction of Egyptian cleric Hassan Mustafa Osama Nasr in February 20 ...
, Milan CIA chief of base at the time, said "I'm not guilty. I'm only responsible for carrying out orders that I received from my superiors." CIA officer
Sabrina DeSousa Sabrina de Sousa (born c. 1956 in Goa, Portuguese India) is a Portuguese-American ex-CIA operative convicted (in absentia) of kidnapping. In 2009 she was convicted of kidnapping in Italy for her role in the 2003 abduction of the Muslim imam Abu O ...
, sentenced to five years in prison, said that the United States "broke the law ... and we are paying for the mistakes right now". On February 12, 2013, the Court of Appeal in Milan sentenced former SISMI director Nicolò Pollari, his deputy director Marco Mancini, former Rome CIA station chief Castelli and two other CIA employees to up to 10 years in jail. Pollari has announced he will appeal against this ruling at the
Corte Suprema di Cassazione The Supreme Court of Cassation ( it, Corte Suprema di Cassazione) is the highest court of appeal or court of last resort in Italy. It has its seat in the Palace of Justice, Rome. The Court of Cassation also ensures the correct application o ...
. On February 24, 2014, the Corte Suprema di Cassazione, following a sentence of the Italian Corte Costituzionale regarding the use of secret evidence in the proceedings, acquitted Pollari and Mancini.


Investigation of Hassan Mustafa Osama Nasr

Hasaan Mustafa Osama Nasr was a radical Egyptian cleric and alleged member of al-Gama'a al-Islamiyya who had fled Egypt due to that group's prosecution as a terrorist organization by the Egyptian government. He was granted
political asylum The right of asylum (sometimes called right of political asylum; ) is an ancient juridical concept, under which people persecuted by their own rulers might be protected by another sovereign authority, like a second country or another ent ...
in Italy in 2001, and held an Italian
asylum passport A refugee travel document (also called a 1951 Convention travel document or Geneva passport) is a travel document issued to a refugee by the state in which they normally reside in allowing them to travel outside that state and to return there. Re ...
. As early as Spring 2002, he was under investigation by Italian and American intelligence agencies by means of wiretaps and physical and
electronic surveillance Surveillance is the monitoring of behavior, many activities, or information for the purpose of information gathering, influencing, managing or directing. This can include observation from a distance by means of electronic equipment, such as ...
. Italian authorities have claimed that they believed that they had evidence Nasr was building a network to recruit terrorists, and possibly had links to
Al Qaeda Al-Qaeda (; , ) is an Islamic extremist organization composed of Salafist jihadists. Its members are mostly composed of Arabs, but also include other peoples. Al-Qaeda has mounted attacks on civilian and military targets in various countr ...
. They alleged in particular links with
Ansar al-Islam Ansar al-Islam in Kurdistan ( ku, ئەنسارولئیسلام له کوردستان),Chalk, Peter, ''Encyclopedia of Terrorism'' Volume 1, 2012, ABC-CLIO simply called Ansar al-Islam ( ku, ئەنسارولئیسلام), also nicknamed the Kurdi ...
and ties to a network sending combatants in the
Iraqi Kurdistan Iraqi Kurdistan or Southern Kurdistan ( ku, باشووری کوردستان, Başûrê Kurdistanê) refers to the Kurdish-populated part of northern Iraq. It is considered one of the four parts of "Kurdistan" in Western Asia, which also inc ...
. However, citing a book on Al-Qaeda by
Jason Burke Jason Burke (born 1970) is a British journalist and the author of several non-fiction books. A correspondent covering Africa for ''The Guardian'', he is currently based in Johannesburg, having previously been based in New Delhi as the same paper ...
, a British reporter at ''
The Observer ''The Observer'' is a British newspaper Sunday editions, published on Sundays. It is a sister paper to ''The Guardian'' and ''The Guardian Weekly'', whose parent company Guardian Media Group, Guardian Media Group Limited acquired it in 1993. ...
'', ''
La Repubblica ''la Repubblica'' (; the Republic) is an Italian daily general-interest newspaper. It was founded in 1976 in Rome by Gruppo Editoriale L'Espresso (now known as GEDI Gruppo Editoriale) and led by Eugenio Scalfari, Carlo Caracciolo and Arno ...
'' noted in June 2005 that in 2002, before the
invasion of Iraq The 2003 invasion of Iraq was a United States-led invasion of the Republic of Iraq and the first stage of the Iraq War. The invasion phase began on 19 March 2003 (air) and 20 March 2003 (ground) and lasted just over one month, including 26 ...
, the Bush administration was claiming, along with
British prime minister The prime minister of the United Kingdom is the head of government of the United Kingdom. The prime minister advises the sovereign on the exercise of much of the royal prerogative, chairs the Cabinet and selects its ministers. As modern ...
Tony Blair Sir Anthony Charles Lynton Blair (born 6 May 1953) is a British former politician who served as Prime Minister of the United Kingdom from 1997 to 2007 and Leader of the Labour Party from 1994 to 2007. He previously served as Leader of the ...
, that Iraq maintained close links with Al-Qaeda, in particular through Ansar al-Islam. The Italian newspaper concluded that the Abu Omar case was a "chapter in the combination of
intelligence Intelligence has been defined in many ways: the capacity for abstraction, logic, understanding, self-awareness, learning, emotional knowledge, reasoning, planning, creativity, critical thinking, and problem-solving. It can be described as the ...
psychological warfare Psychological warfare (PSYWAR), or the basic aspects of modern psychological operations (PsyOp), have been known by many other names or terms, including Military Information Support Operations ( MISO), Psy Ops, political warfare, "Hearts and ...
information war engaged by Washington and London to justify the invasion of Iraq."L'imam rapito a Milano dalla Cia – I silenzi e la complicità con Washington
''
La Repubblica ''la Repubblica'' (; the Republic) is an Italian daily general-interest newspaper. It was founded in 1976 in Rome by Gruppo Editoriale L'Espresso (now known as GEDI Gruppo Editoriale) and led by Eugenio Scalfari, Carlo Caracciolo and Arno ...
'', June 28, 2005
Liptak, A. (2005). "Experts Say Trial Unlikely for CIA Operatives". ''The New York Times'', June 27, 2005.Grey, S. and D. Van Natta. (2005).
"In Italy, Anger at U.S. Tactics Colors Spy Case"
''The New York Times'', June 26, 2005.
There are also reports that Nasr was involved in plotting a terrorist attack on the U.S. embassy in Rome, and was suspected of being involved in a plot to bomb a number of children of foreign diplomats attending the American School of Milan, although sources disagree whether such plots even existed. Most observers have come to believe that Nasr was abducted by the United States as a source of intelligence on foreign combatants being recruited to fight in Iraq, which, at the time, the United States had yet to
invade An invasion is a military offensive in which large numbers of combatants of one geopolitical entity aggressively enter territory owned by another such entity, generally with the objective of either: conquering; liberating or re-establishing c ...
.


Abduction and rendition to Egypt

On February 17, 2003,
Hassan Mustafa Osama Nasr Hassan Mustafa Osama Nasr ( ar, حسن مصطفى أسامة نصر ''Ḥassan Muṣṭafā Usāmah Naṣr'') (born 18 March 1963), also known as Abu Omar, is an Egyptian cleric. In 2003, he was living in Milan, Italy, from where he was kidnapped ...
was abducted by persons affiliated with the CIA as he walked to his mosque in Milan for noon prayers.Auditions sur le rapt d'un imam par la CIA
''
Le Figaro ''Le Figaro'' () is a French daily morning newspaper founded in 1826. It is headquartered on Boulevard Haussmann in the 9th arrondissement of Paris. The oldest national newspaper in France, ''Le Figaro'' is one of three French Newspaper of recor ...
'', February 24, 2006
According to court documents, Nasr was pushed into a minivan on Via Giuseppe Guerzoni in Milan and driven four or five hours to a joint Italian-U.S. air base at Aviano, where he was
torture Torture is the deliberate infliction of severe pain or suffering on a person for reasons such as punishment, extracting a confession, interrogation for information, or intimidating third parties. Some definitions are restricted to acts ...
d. From there, he was flown by a Lear jet (using the
call sign In broadcasting and radio communications, a call sign (also known as a call name or call letters—and historically as a call signal—or abbreviated as a call) is a unique identifier for a transmitter station. A call sign can be formally assig ...
SPAR 92) to
Ramstein Air Base Ramstein Air Base or Ramstein AB is a United States Air Force base in Rhineland-Palatinate, a state in southwestern Germany. It serves as headquarters for the United States Air Forces in Europe – Air Forces Africa (USAFE-AFAFRICA) and al ...
,
Germany Germany, officially the Federal Republic of Germany (FRG),, is a country in Central Europe. It is the most populous member state of the European Union. Germany lies between the Baltic and North Sea to the north and the Alps to the sou ...
. Germany launched an official investigation due to false imprisonment and coercion, but the case was ultimately dropped as it could not be determined which CIA agents were involved in the abduction. SPAR (Special Air Resources) is the call sign used by US senior military officers and civilian VIPs for airlift transport.Hooper, J. (2005)
"CIA methods exposed by kidnap inquiry"
''The Guardian UK'', July 2, 2005.
A second plane then took him to
Cairo Cairo ( ; ar, القاهرة, al-Qāhirah, ) is the capital of Egypt and its largest city, home to 10 million people. It is also part of the largest urban agglomeration in Africa, the Arab world and the Middle East: The Greater Cairo met ...
, where he was imprisoned and, he claims, tortured. In April 2004, while his incarceration had been downgraded to
house arrest In justice and law, house arrest (also called home confinement, home detention, or, in modern times, electronic monitoring) is a measure by which a person is confined by the authorities to their residence. Travel is usually restricted, if ...
, Nasr placed several phone calls from Egypt to his family and friends. He told them he had been rendered into the hands of Egypt's SSI at Tura prison, twenty miles south of Cairo. He was subjected to various depredations, tortured by beating and
electric shock Electrical injury is a physiological reaction caused by electric current passing through the body. The injury depends on the density of the current, tissue resistance and duration of contact. Very small currents may be imperceptible or produce a ...
s to the genitals, raped,ABU OMAR: "IN EGITTO FUI STUPRATO, BERLUSCONI LO SAPPIA"
''
La Repubblica ''la Repubblica'' (; the Republic) is an Italian daily general-interest newspaper. It was founded in 1976 in Rome by Gruppo Editoriale L'Espresso (now known as GEDI Gruppo Editoriale) and led by Eugenio Scalfari, Carlo Caracciolo and Arno ...
'',
and eventually had lost hearing in one ear. At the time of the calls he had been released on the orders of an Egyptian judge because of lack of evidence. Shortly after those calls were made he was re-arrested and placed back in prison. Nasr was not released again until February 11, 2007, at which time he was permitted to return to his family. After four years of detention, an Egyptian court ruled that his imprisonment was "unfounded." International Herald Tribune, February 16, 2007
Italy indicts 31 linked to CIA rendition case
In 2006, Nasr's lawyer Montasser el-Zayat said Nasr was underfed but there were "no signs of torture.""Abducted imam seeks return to Italy"
, '' ANSA'', April 7, 2006


Investigation and warrants for CIA operatives

The CIA agents were implicated, in part, by extensive cellphone records which allowed Milan police to reconstruct their movements for the nine days they were in the city. Because the agents had apparently not, at any time, removed the batteries from their cellphones, investigators were able to pinpoint their locations from moment to moment. The agents also made numerous phone calls to the US consulate in Milan, to
northern Virginia Northern Virginia, locally referred to as NOVA or NoVA, comprises several counties and independent cities in the Commonwealth of Virginia in the United States. It is a widespread region radiating westward and southward from Washington, D.C. Wit ...
(where the CIA headquarters are located) and to friends and family in the United States. The operation was led by
Robert Seldon Lady Robert Seldon Lady (born February 2, 1954 in Tegucigalpa, Honduras; nicknamed "Mister Bob") is a United States agent convicted of kidnapping in Italy for his role in the CIA's abduction of Egyptian cleric Hassan Mustafa Osama Nasr in February 20 ...
, former CIA chief of base in Milan, who was then operating out of the U.S. embassy under diplomatic cover as the "Consul of the United States in Milan." The operation was carried out by the CIA's Special Activities Division. Lady has said that he opposed the abduction plans, but was overruled.BBC. (2007).
"Italy orders CIA kidnapping trial"
''BBC.com'', February 16, 2007.
Lady has since retired from he CIA, which puts him in a precarious legal position, as the status of his diplomatic immunity is now in doubt. In December 2005, CIA Director Porter Goss ordered a sweeping review of the agency's field operations because of what he perceived as the Milan rendition's "sloppiness".Crewdson, J. (2005).
"The CIA's bungled Italy Job"
''Chicago Tribune'', December 25, 2005.
In June 2005, Italian judge Guido Salvini issued warrants for the arrest of 22 persons said to be agents or operatives of the CIA, including
Jeffrey W. Castelli Jeffrey W. Castelli is a CIA officer who served as CIA station chief in Rome at the time of the Niger uranium forgeries. His subsequent involvement in the CIA-led kidnapping of Hassan Mustafa Osama Nasr would lead to his subsequent sentencing to sev ...
, head of the CIA in Italy until 2003. Salvini said the abduction was illegal because it violated Italian sovereignty and
international law International law (also known as public international law and the law of nations) is the set of rules, norms, and standards generally recognized as binding between states. It establishes normative guidelines and a common conceptual framework for ...
and disrupted an ongoing police investigation. He also issued a warrant for the arrest of Nasr, on charges of associating with terrorists. In November 2005, Italian prosecutors requested that Italy's Justice Ministry seek the extradition of the suspects from the United States. The Italian government declined. On December 20, 2005, an Italian court issued a European arrest warrant against 22 CIA agents suspected of this kidnapping (including
Robert Seldon Lady Robert Seldon Lady (born February 2, 1954 in Tegucigalpa, Honduras; nicknamed "Mister Bob") is a United States agent convicted of kidnapping in Italy for his role in the CIA's abduction of Egyptian cleric Hassan Mustafa Osama Nasr in February 20 ...
,
Eliana Castaldo The Abu Omar Case was the abduction and transfer to Egypt of the Imam of Milan Hassan Mustafa Osama Nasr, also known as Abu Omar. The case was picked by the international media as one of the better-documented cases of extraordinary rendition car ...
, Lt. Col. Joseph L. Romano, III, etc.). It is possible that some of the names for the targets of the warrant were pseudonyms. Regarding "Eliana Castaldo", a reporter's attempts to contact her through the number listed on the affidavit produced inconsistent responses: one refused to identify the business, another said she was with an answering service, while a third said the number was that of a firm by the name of Washburn and Company. Each of the persons answering denied there was an Eliana Castaldo reachable at that number. In April 2006, just after the Italian general election, outgoing
Justice Minister A justice ministry, ministry of justice, or department of justice is a ministry or other government agency in charge of the administration of justice. The ministry or department is often headed by a minister of justice (minister for justice in a ...
Roberto Castelli (
Lega Nord Lega Nord (; acronym: LN), whose complete name is (), is a right-wing, federalist, populist and conservative political party in Italy. In the run-up of the 2018 general election, the party was rebranded as (), without changing its official ...
) told prosecutors that he had decided not to pass the extradition request to the United States.


One of the "concerted CIA-SISMI operations"

The abduction occurred without the knowledge of the Italian intelligence and law enforcement officials working directly on the Nasr case, who initially suspected that Nasr had been kidnapped by the Egyptian government, possibly with the cooperation of other branches of the Italian government. When the Italians questioned their American counterparts about Nasr's disappearance, they were told he had traveled voluntarily to the
Balkans The Balkans ( ), also known as the Balkan Peninsula, is a geographical area in southeastern Europe with various geographical and historical definitions. The region takes its name from the Balkan Mountains that stretch throughout the who ...
. Furthermore, Italian officials initially denied the Italian government had authorized or sanctioned a US operation to kidnap Nasr. Italian Minister for Parliamentary Affairs Carlo Giovanardi, member of
Silvio Berlusconi Silvio Berlusconi ( ; ; born 29 September 1936) is an Italian media tycoon and politician who served as Prime Minister of Italy in four governments from 1994 to 1995, 2001 to 2006 and 2008 to 2011. He was a member of the Chamber of Deputies ...
's second and third government, said in no uncertain terms to the
Italian parliament The Italian Parliament ( it, Parlamento italiano) is the national parliament of the Italian Republic. It is the representative body of Italian citizens and is the successor to the Parliament of the Kingdom of Italy (1861–1943), the transitio ...
: "Our secret services were not aware of the operation ... It was never brought to the attention of the government or national institutions." However, former CIA officials contradicted this by claiming the agency had secured the consent of Italian intelligence, and that the CIA's station chief in Rome,
Jeffrey W. Castelli Jeffrey W. Castelli is a CIA officer who served as CIA station chief in Rome at the time of the Niger uranium forgeries. His subsequent involvement in the CIA-led kidnapping of Hassan Mustafa Osama Nasr would lead to his subsequent sentencing to sev ...
, had been granted explicit permission for the operation by his Italian counterpart.Wilkinson, T. and G. Miller. (2005).
"Italy Says It Didn't Know of CIA Plan"
''Los Angeles Times'', July 1, 2005.
Furthermore, the circumstances of Nasr's abduction tended to accredit the thesis of at least passive support of the operation by Italian intelligence services. In particular, questions were raised by the CIA agents' startling laxity in travel arrangements. By all accounts, they did little to cover their tracks. Instead of fleeing immediately, most of them remained in Italy days after the operation, in some of Milan's best hotels. Only some of them used aliases. The rest traveled with their normal passports and drivers licenses, paid for things with credit cards in their real names, chatted openly on cell phones before, during, and after the operation. After the abduction, they even carelessly bypassed speed limits in Milan. Some have speculated this represents evidence of Italian complicity, as little apparent effort was made to obfuscate the identities of the participants. This hypothesis was confirmed by Italian investigations. On July 5, 2006, two high-ranking Italian intelligence officers were arrested by Italian police for their complicity in Abu Omar's kidnapping. These included Marco Mancini, number 2 of SISMI, Italy's military intelligence agency, and Gustavo Pignero, the agency's chief for the northern region of Italy. Italian wiretaps caught Mancini admitting that he had lied about his involvement in the abduction case. These arrests signaled the first official admission that Italian intelligence agents were involved in the abduction. Additionally, the former head of SISMI's Milan office, Col. Stefano D'Ambrosio, claims that he was removed from his position by his superiors because of his objections to the abduction plot; he was later replaced by Mancini.Wilkinson, T. (2006).
"Italian Probe Broadens Beyond Abduction: Prosecutors in the case of a Muslim cleric seek evidence of illegal spying by intelligence officers. Some journalists also may be involved."
''Los Angeles Times'', July 7, 2006.
Thus, public prosecutors Armando Spataro and Pomarici have described the abduction as "a concerted CIA-SISMI operation" organized by "Italian and American agents" with the aim of the "capture" and "secret transfer" of the imam to Egypt.Paolo Biondani and Guido Olimpio. July 11, 2006 ''
Corriere della Sera The ''Corriere della Sera'' (; en, "Evening Courier") is an Italian daily newspaper published in Milan with an average daily circulation of 410,242 copies in December 2015. First published on 5 March 1876, ''Corriere della Sera'' is one of I ...
'', "Un centro segreto Cia-Sismi
available here
Paolo Biondani and Italian counter-terrorist expert Guido Olimpio cited the November 18, 2005, article published by Dana Priest in ''
The Washington Post ''The Washington Post'' (also known as the ''Post'' and, informally, ''WaPo'') is an American daily newspaper published in Washington, D.C. It is the most widely circulated newspaper within the Washington metropolitan area and has a large n ...
'', where she described the CTIC (Counter-Terrorism Intelligence Center), a "joint operation centers in more than two dozen countries where U.S. and foreign intelligence officers work side by side to track and capture suspected terrorists and to destroy or penetrate their networks. " Italy was not included in this international alliance of intelligence agencies, which largest base was in Paris, named
Alliance Base Alliance Base was the cover name for a secret Western Counterterrorist Intelligence Center (CTIC) that existed between 2002 and 2009 in Paris. The existence of CTICs were first revealed by Dana Priest in a November 17, 2005 article in ''The Washi ...
. According to Guido Olimpio and Paolo Biondani, Italy was not included in the CTIC because of internal jealousy between various Italian intelligence agencies. But they noted that, despite that, the arrest ordinance against Marco Mancini and his superior General Gustavo Pignero referred to the operation as an example of the "non orthodox activity" (the only one known of) realized by the CIA and the SISMI "since 2002," thus demonstrating some sort of cooperation between US and Italian intelligence agencies, albeit not in the frame of the CTIC. Furthermore, according to testimonies by SISMI agents to the Italian justice, Mancini proposed himself to the CIA as a "
double agent In the field of counterintelligence, a double agent is an employee of a secret intelligence service for one country, whose primary purpose is to spy on a target organization of another country, but who is now spying on their own country's organ ...
" According to Colonel Stefano D'Ambrosio, former SISMI responsible in Milan replaced by Mancini, the CIA refused to hire the latter because they considered him too "venal." But his demand "left traces in the computer" of the US intelligence. All SISMI testimonies converge in saying that Mancini owed his dazzling career to his "privileged relations with the CIA. " According to SISMI testimony, after the February 17, 2003 kidnapping of Hassan Mustafa Nasr, then CIA director
George Tenet George John Tenet (born January 5, 1953) is an American intelligence official and academic who served as the Director of Central Intelligence (DCI) for the United States Central Intelligence Agency, as well as a Distinguished Professor in the Pr ...
sent a letter to SISMI General Nicolò Pollari in August 2003, to which Mancini would allegedly owe the real reasons of his promotion to number two of the SISMI. In another, earlier article, the same author, Guido Olimpio, wrote that following the abduction of the imam, SISMI informed the Italian government and then the CIA, assuring them that no agent who had taken part in this covert operation would be prosecuted. In turn, CIA director George Tenet would have sent a letter to Forte Braschi, the SISMI headquarters in Rome.E il Sismi tese la mano ai nemici della Cia
''
Corriere della Sera The ''Corriere della Sera'' (; en, "Evening Courier") is an Italian daily newspaper published in Milan with an average daily circulation of 410,242 copies in December 2015. First published on 5 March 1876, ''Corriere della Sera'' is one of I ...
'', October 31, 2005
Furthermore, apart of the July 2006 arrest of Marco Mancini, number two of the SISMI, and of Gustavo Pignero, the agency's chief for the northern region of Italy, the head of SISMI General Nicolò Pollari had to resign in November 2006 because of the affair and was indicted in December by the Milanese judges.


The trial

In addition to the 22 European arrest warrants issued in December 2005 and the arrest of the above-mentioned SISMI officers, an Italian judge issued additional arrest warrants for four Americans, three CIA agents and for Lieutenant Colonel Joseph L. Romano III, commander of security forces at the Aviano Air Base at the time, now working at Section 31b of the Pentagon. Ultimately, twenty-six Americans and nine Italians (including head of SISMI Nicolò Pollari, number two of the same intelligence agency Marco Mancini, as well as General Gustavo Pignero; and also the junior ROS officer Giuliano Pironi) were indicted.Rapt d'un imam à Milan: la CIA va devoir s'expliquer
''
Libération ''Libération'' (), popularly known as ''Libé'' (), is a daily newspaper in France, founded in Paris by Jean-Paul Sartre and Serge July in 1973 in the wake of the protest movements of May 1968. Initially positioned on the far-left of France ...
'', February 16, 2007
The trial would be the first criminal trial related to the U.S. practice of
extraordinary rendition Extraordinary rendition is a euphemism for state-sponsored forcible abduction in another jurisdiction and transfer to a third state. The phrase usually refers to a United States-led program used during the War on Terror, which had the purpose ...
. The start of the trial was set for June 8, 2007, although it was adjourned until October 2007, pending an upcoming ruling by Italy's Constitutional Court regarding the possible violation of state secrecy laws by Milan prosecutors who used phone taps on Italian agents during their investigation. Two other Italian suspects reached
plea bargain A plea bargain (also plea agreement or plea deal) is an agreement in criminal law proceedings, whereby the prosecutor provides a concession to the defendant in exchange for a plea of guilt or '' nolo contendere.'' This may mean that the defend ...
s. Giuliano Pironi, who admitted stopping Nasr and controlling his identity during the kidnapping, was given a suspended sentence of one year, nine months and a day. Renato Farina, vice-director of '' Libero'' newspaper, who was hired by the SISMI in 1999, was accused as an accessory. He was given six months sentence that was converted into a fine. Carabinieri Pironi testified that he asked for Nasr' identity papers on Robert Lady's request, and assured that the operation was a concerted CIA-SISMI operation.
European Parliament The European Parliament (EP) is one of the legislative bodies of the European Union and one of its seven institutions. Together with the Council of the European Union (known as the Council and informally as the Council of Ministers), it adop ...
, "Temporary Committee on the Alleged Use of European Countries by the CIA for the Transport and the Illegal Detention of Prisoners", Rapporteur
Giovanni Claudio Fava Claudio Fava (born 15 April 1957) is an Italian politician and writer. He is the Coordinator of the National Secretariat of Sinistra Ecologia Libertà (Left Ecology Freedom). He was until 2009 Member of the European Parliament for the Italian ...
, DT/65174EN.doc February 7, 2007, made accessible by Statewatch her

URL accessed on February 18, 2007
The first one to confess the involvement of the CIA and the SISMI in the abduction of Abu Omar, Pironi thought, when he participated in the operation, that he was passing a test to enter the SISMI. He later realized he had been instrumentalized Gli investigatori del caso Abu Omar: così ci ha aiutato a incastrare il Sismi
''
Corriere della Sera The ''Corriere della Sera'' (; en, "Evening Courier") is an Italian daily newspaper published in Milan with an average daily circulation of 410,242 copies in December 2015. First published on 5 March 1876, ''Corriere della Sera'' is one of I ...
'', July 23, 2006
Marco Mancini admitted to Milan prosecutors having followed orders of his superior General Pignero, who himself obeyed requests from Jeff Castelli, CIA head in Italy, to the director of the SISMI, General Pollari. Mancini confessed having organised a meeting in
Bologna Bologna (, , ; egl, label=Emilian language, Emilian, Bulåggna ; lat, Bononia) is the capital and largest city of the Emilia-Romagna region in Northern Italy. It is the seventh most populous city in Italy with about 400,000 inhabitants and 1 ...
with all the heads of the SISMI centers. He illustrated on this occasion the plan for the abduction. The arrest warrants issued on June 15, 2006, against Jeff Castelli, other US agents, Mancini and Pignero were done on these grounds. In the meantime, Milan prosecutor Armando Spataro found out the existence of an office, in the centre of Rome, linked to SISMI, in charge of 'secret operations.' It was directed by a close collaborator of head of SISMI Pollari. According to the
European Parliament The European Parliament (EP) is one of the legislative bodies of the European Union and one of its seven institutions. Together with the Council of the European Union (known as the Council and informally as the Council of Ministers), it adop ...
"Temporary Committee on the Alleged Use of European Countries by the CIA for the Transport and the Illegal Detention of Prisoners", headed by rapporteur
Giovanni Claudio Fava Claudio Fava (born 15 April 1957) is an Italian politician and writer. He is the Coordinator of the National Secretariat of Sinistra Ecologia Libertà (Left Ecology Freedom). He was until 2009 Member of the European Parliament for the Italian ...
:
The main target of this office consisted in distorting the national press information, through journalists ad hoc hired by SISMI, by editing false reports with the aim to keep high the ''"terrorism alert''" vis-à-vis the
public opinion Public opinion is the collective opinion on a specific topic or voting intention relevant to a society. It is the people's views on matters affecting them. Etymology The term "public opinion" was derived from the French ', which was first use ...
. Among the duties also the one of chasing and tapping the communications of the two journalists of the newspaper ''"La Repubblica''" in charge of the Abu Omar case: Carlo Bonini and Giuseppe D'Avanzo.
In a secretly registered conversation General Pignero, Mancini's superior, confirmed having met SISMI director Pollari right after a meeting with Jeff Castelli, head of the CIA in Italy. He said on this occasion that he had received by Pollari a list of names, among others that of Abu Omar, and to have been ordered to observe the Egyptian cleric in view of his abduction. Pignero then ordered Mancini to proceed with all these activities. Interrogated by the Milan prosecutor in July 2006, General Pollari involved the Italian government and invoked a classified document. Romano Prodi's government has confirmed its classified status. During his hearing in August 2006 before the
Italian Parliamentary Committee on Secret services control Comitato parlamentare per la sicurezza della Repubblica (Parliamentary Committee for the Security of the Republic) is a body of the Italian Parliament deputed to survey and oversee the activities of the Italian intelligence agencies. History Sin ...
(Copaco), Pollari defended himself again invoking the
raison d'état The national interest is a sovereign state's goals and ambitions (economic, military, cultural, or otherwise), taken to be the aim of government. Etymology The Italian phrase ''ragione degli stati'' was first used by Giovanni della Casa around t ...
. In October 2006, prosecutor Spataro transmitted to the European Temporary Committee a copy of a SISMI document, from which it comes out that SISMI was informed by the CIA on May 15, 2003, that Abu Omar was interrogated in Cairo by Egyptian services. , the Italian government's responsible for secret services, declared to the European committee that the Berlusconi administration had classified files related to the Abu Omar case, and that the Prodi administration confirmed such secrecy. Any trial of American citizens is expected to happen in absentia. The United States is not expected to extradite the CIA operatives. As of February 2007, the Italian government has issued no extradition requests, although the Italian judiciary has been calling for the government to do so since 2005. Justice Minister Clemente Mastella, member of the new government of Romano Prodi, Prime minister of Italy since the 2006 general election, has still given no news of the extradition request given to him by Armando Spataro, the Milanese public prosecutor. Current Minister of Infrastructures and former prosecutor of Milan, Antonio di Pietro, has criticized on February 15, 2007, his governmental colleagues, claiming that the refuse to transmit the extradition requests to the US abounded to "cover an illegal operation, the kidnapping of a person." Freed on February 11, 2007, Osama Mustafa Hassan Nasr has deposed a complaint against former Prime minister Silvio Berlusconi, demanding 10 million Euro of damage and interests "for his implication in the kidnapping as chief of the government uring the eventsand for having permitted the CIA to capture him."La justice italienne prépare le procès des vols de la CIA
''
Le Monde ''Le Monde'' (; ) is a French daily afternoon newspaper. It is the main publication of Le Monde Group and reported an average circulation of 323,039 copies per issue in 2009, about 40,000 of which were sold abroad. It has had its own website si ...
'', February 17, 2007
The Italian executive has opposed the judges in Milan, by deposing a recourse before the
Constitutional Court A constitutional court is a high court that deals primarily with constitutional law. Its main authority is to rule on whether laws that are challenged are in fact unconstitutional, i.e. whether they conflict with constitutionally established ...
against Armando Spataro, charging him of having violated state secret by using the wiretaps recordings of SISMI agents. In particular, Romano Prodi's government accused the magistrates of having revealed the identity of 85 foreign and Italian spies.''
Libération ''Libération'' (), popularly known as ''Libé'' (), is a daily newspaper in France, founded in Paris by Jean-Paul Sartre and Serge July in 1973 in the wake of the protest movements of May 1968. Initially positioned on the far-left of France ...
'', "Italie: les vols secrets de la CIA face aux juges," February 17, 200
available here
The Italian government has said it will wait for the ruling before issuing the extradition requests.


Convictions

On November 4, 2009, an Italian judge convicted 22 suspected or known CIA agents, a U.S. Air Force (USAF) colonel and two Italian secret agents of the kidnap, delivering the first legal convictions in the world against people involved in the CIA's
extraordinary renditions Extraordinary rendition is a euphemism for state-sponsored forcible abduction in another jurisdiction and transfer to a third state. The phrase usually refers to a United States-led program used during the War on Terror, which had the purpose ...
program. Former Milan CIA base chief
Robert Seldon Lady Robert Seldon Lady (born February 2, 1954 in Tegucigalpa, Honduras; nicknamed "Mister Bob") is a United States agent convicted of kidnapping in Italy for his role in the CIA's abduction of Egyptian cleric Hassan Mustafa Osama Nasr in February 20 ...
received eight years in prison. The rest of the Americans, including former Milan U.S. consular official
Sabrina De Sousa Sabrina de Sousa (born c. 1956 in Goa, Portuguese India) is a Portuguese-American ex-CIA operative convicted (in absentia) of kidnapping. In 2009 she was convicted of kidnapping in Italy for her role in the 2003 abduction of the Muslim imam Abu O ...
, and USAF Lieutenant Colonel Joseph L. Romano, at the time of conviction commander of the 37th Training Group at Lackland Air Force Base,
Texas Texas (, ; Spanish language, Spanish: ''Texas'', ''Tejas'') is a state in the South Central United States, South Central region of the United States. At 268,596 square miles (695,662 km2), and with more than 29.1 million residents in 2 ...
, got five years each. The convicts were also ordered to each pay €1 million to Nasr and €500,000 to his wife. Three Americans, including the then-Rome CIA station chief Jeffrey Castelli and two other diplomats formerly assigned to the U.S. Embassy in Rome, as well as the former head of Italian military intelligence Nicolo Pollari and four other Italian secret service agents were acquitted due to
diplomatic immunity Diplomatic immunity is a principle of international law by which certain foreign government officials are recognized as having legal immunity from the jurisdiction of another country.
. All but two Italians were tried in absentia, and, as long as the verdicts remain in place, the 23 convicted Americans cannot travel to Europe without risking arrest. U.S. State Department spokesman Ian Kelly expressed disappointment over the verdicts.
Pentagon In geometry, a pentagon (from the Greek language, Greek πέντε ''pente'' meaning ''five'' and γωνία ''gonia'' meaning ''angle'') is any five-sided polygon or 5-gon. The sum of the internal angles in a simple polygon, simple pentagon is ...
Press Secretary Geoff S. Morrell said that the judge had ignored requests for Lieutenant Colonel Romano's case to be moved to the United States, adding that "Our view is the Italian court has no jurisdiction over Lieutenant Colonel Romano and should have immediately dismissed the charges. Now that they have not, we will, of course, explore what options we have going forward." The CIA declined to comment. Prime Minister
Silvio Berlusconi Silvio Berlusconi ( ; ; born 29 September 1936) is an Italian media tycoon and politician who served as Prime Minister of Italy in four governments from 1994 to 1995, 2001 to 2006 and 2008 to 2011. He was a member of the Chamber of Deputies ...
denied knowledge of any kidnap operation, and criticized the trial claiming that it could hurt Italy's international reputation. In September 2012, Italy's highest court, the Court of Cassation, upheld the guilty verdicts that had been handed down by lower courts. The Italian government has not stated whether it would seek extradition of the convicted Americans. On February 13, 2013, the Milano Court of Appeals sentenced former SISMI director Nicolò Pollari to ten years in jail and awarded €1.5 million in damages to Abu Omar and his wife. Pollari's deputy director Marco Mancini has been sentenced to nine years in jail, the former CIA station chief Jeffrey Castelli in absentia to seven years in jail, along with two other CIA employees. Pollari has announced he will appeal against this ruling at the
Corte Suprema di Cassazione The Supreme Court of Cassation ( it, Corte Suprema di Cassazione) is the highest court of appeal or court of last resort in Italy. It has its seat in the Palace of Justice, Rome. The Court of Cassation also ensures the correct application o ...
. Sabrina De Sousa was detained at the Lisbon airport in Portugal on October 5, 2015. She was due to be extradited to Italy, but a partial pardon from the Italian president – in February 2017 – reduced the sentence from four to three years which was then commuted to community service for which extradition is not possible. The original sentence was already reduced from seven to four years through a general amnesty law in 2006.


Political context

The exposé of the incident, coming just before Italy's general election, was a major embarrassment for the Berlusconi administration.Wilkinson, T. (2005).
"Court Widens Net for 22 CIA Agents to EU"
. ''Los Angeles Times'', December 24, 2005.
If it had admitted foreknowledge of or complicity in the operation, it would have been admitting that one part of the government (its intelligence services) deliberately undermined the efforts of another (its judiciary). If it had denied any involvement, it would point to a serious lapse in Italian security, as it would mean foreign intelligence agencies would be able to pull off major operations within Italy, right under the nose of Italy's own intelligence agencies, with virtual impunity. Either way, most observers thought it clear
Silvio Berlusconi Silvio Berlusconi ( ; ; born 29 September 1936) is an Italian media tycoon and politician who served as Prime Minister of Italy in four governments from 1994 to 1995, 2001 to 2006 and 2008 to 2011. He was a member of the Chamber of Deputies ...
did not wish the case to proceed. He initially told the press that he did not believe the CIA was responsible for the abduction, and even if they were responsible, it was a justifiable action. He was widely quoted in the press as having said, "You can't tackle terrorism with a law book in your hand.". He then declared to the ANSA agency: "This is a trial we absolutely should not have, and its result will be that our intelligence services will no longer have the cooperation of foreign intelligence". The Abu Omar case poses the problem of Italy's involvement in the US "
War on Terror The war on terror, officially the Global War on Terrorism (GWOT), is an ongoing international counterterrorism military campaign initiated by the United States following the September 11 attacks. The main targets of the campaign are militant ...
". The incident also served to highlight tensions between Italy's fiercely independent judiciary and its executive administration (including the intelligence services), which would have preferred the judiciary didn't press the issue with the United States. During the Italian investigations into the incident, it was discovered that not only had SISMI (or a division of it) collaborated with the CIA in the abduction, it had also been illegally surveiling Italian citizens, particularly Italian magistrates unfriendly to the Berlusconi administration, often with the help of Italian journalists. Italian prosecutors believed reporters from right-wing paper Libero used interviews with the lead prosecutor in the abduction case, Armando Spataro, as a pretext to glean confidential information to pass on to SISMI agents. On July 6, 2006, Libero's offices were raided by Italian police.


CIA chief of base admission

In June 2009,
Robert Seldon Lady Robert Seldon Lady (born February 2, 1954 in Tegucigalpa, Honduras; nicknamed "Mister Bob") is a United States agent convicted of kidnapping in Italy for his role in the CIA's abduction of Egyptian cleric Hassan Mustafa Osama Nasr in February 20 ...
, Milan CIA chief of base at the time, was quoted by '' Il Giornale'' newspaper saying "I'm not guilty. I'm only responsible for carrying out orders that I received from my superiors," He denied criminal responsibility because it was a "state matter." "I console myself by reminding myself that I was a soldier, that I was in a war against terrorism, that I couldn't discuss orders given to me." Lady's retirement villa has been seized by magistrates to cover court costs. In July 2013, Lady was arrested in Panama on an international arrest warrant. The next day, he was released.


See also

* Extraordinary rendition by the United States * Human rights in Egypt * Italian political scandals * Montasser el-Zayat *
SISMI-Telecom scandal The SISMI-Telecom scandal, uncovered in Italy in 2006, refers to a surveillance scandal believed to have begun in 1996, under which more than 5,000 persons' phones were tapped. First arrests As part of the judiciary investigation on the '' I ...
, discovered by Italian justice during investigations concerning "Abu Omar" Similar cases: * Maher Arar *
Khalid El-Masri Khaled El-Masri (also Khalid El-Masri and Khaled Masri, Levantine Arabic pronunciation: , ar, خالد المصري) (born 29 June 1963) is a German and Lebanese citizen who was mistakenly abducted by the Macedonian police in 2003, and handed o ...
* Mohammed Haydar Zammar *
Mordechai Vanunu Mordechai Vanunu ( he, מרדכי ואנונו; born 14 October 1952), also known as John Crossman, is an Israeli former nuclear technician and peace activist who, citing his opposition to weapons of mass destruction, revealed details of Isra ...


References


External links


statewatch.org


27/06/05 * [https://web.archive.org/web/20090106013434/http://www.expose-the-war-profiteers.org/CIA/activities/kidnapping/abu_omar/history.htm The Kidnapping of Abu Omar aka Hassan Mustafa Osama Nasr – ''A Document Archive''] {{DEFAULTSORT:Abu Omar Case 2003 scandals 2004 scandals 2003 in Egypt 2003 in Italy Central Intelligence Agency operations People subject to extraordinary rendition by the United States Egyptian refugees Egyptian prisoners and detainees Prisoners and detainees of Egypt Egyptian expatriates in Italy Italy–United States relations Egypt–United States relations