ITALIAN TRIAL OF C.I.A. OPERATIVES BEGINS WITH TORTURE TESTIMONY
By Elisabeth Rosenthal
New York Times
May 15, 2008
http://www.iht.com/articles/2008/05/14/europe/italy.php (first version of text, published on May 14)
MILAN -- A long-delayed trial of C.I.A. operatives and former top Italian intelligence officials moved forward here on Wednesday, as a judge ruled that Prime Minister Silvio Berlusconi could be called to testify about the abduction of a radical Muslim cleric here in 2003.
Testimony also began Wednesday. The cleric’s wife, Ghali Nabila, said her husband, Hassan Mustafa Osama Nasr, known as Abu Omar, was taken from Italy and transferred to a prison in Egypt, where, she said, he was repeatedly tortured. While acknowledging a program of “extraordinary rendition,” or abducting terrorism suspects outside the United States, the Bush administration claims that no one is sent to nations that torture.
“I found him wasted, skinny -- so skinny -- his hair had turned white, he had a hearing aid,” Ms. Nabila said, recounting her husband’s condition between prison stays in .
Wearing a veil that revealed only her eyes, Ms. Nabila at first said she “didn’t want to talk about” any abuse against her husband in prison. But advised by prosecutors that she had no choice, she told the court in tears: “He was tied up like he was being crucified. He was beat up, especially around his ears. He was subjected to electroshocks to many body parts.”
“To his genitals?” the prosecutors asked.
“Yes,” she replied.
The Bush administration has not commented on whether it was responsible for the disappearance of Mr. Nasr, who was abducted near the Jenner Street mosque here in Milan in February 2003. He was finally released in 2007. Last year, an Italian prosecutor brought charges against 26 Americans -- 25 Central Intelligence Agency operatives and one Air Force colonel -- in the first case involving the contentious practice of extraordinary rendition.
None of the Americans are now in Italy, and the United States has said it will not extradite them. But the case is still likely to reveal many details about a program shrouded in secrecy.
And last month, the case took on greater significance here in Italy: Mr. Berlusconi, who was prime minister at the time of Mr. Nasr’s disappearance, was re-elected; any revelations about his or his aides’ complicity could damage his new government.
Last year, Italy indicted the 26 Americans, citing a trail of incriminating cellphone exchanges intercepted by Italian prosecutors in the days before Mr. Nasr’s abduction.
Far more vulnerable, though, are more than a half dozen high-level officers of Italy’s secret service who have also been indicted, all accused of in some way approving, masterminding or carrying out the kidnapping plan.
The Italian government has tried to block the prosecution or at least to limit embarrassing revelations by claiming that some or much of the evidence is classified or privileged information that could endanger national security.
For example, the Italians said that overzealous prosecutors should not have intercepted the C.I.A. operatives’ phone calls. A constitutional court is to on this issue on July 8, although it has failed to meet previous deadlines.
But the Milan prosecutor, Armando Spataro, has vowed to press on, noting that even if some documents are inadmissible, there are many levels of proof.
“We have the maximum respect for the constitutional court, but we don’t think any decision it makes will stop this trial from going forwards,” he said Wednesday during a break.
One of the documents in question has been introduced by the defense lawyers for Nicolò Pollari, former director of Sismi, Italy’s military intelligence agency, in an attempt to clear his name. It would presumably show that he, at least, was unaware of the kidnapping plan, or even actively opposed it.
Mr. Pollari’s lawyers claim that Mr. Berlusconi and his predecessor, Romano Prodi, have information that would clear Mr. Pollari’s name. On Wednesday, Judge Oscar Magi, presiding over the trial in a cramped, airless courtroom here, ruled they would have to testify if called.
Many members of Italy’s law enforcement agencies were furious about the kidnapping. They say they could have arrested Mr. Nasr at any time and had long had him under surveillance for potential connections with terrorists. They say his clumsy and illegal kidnapping erased years of police work that had put them on the verge of gaining valuable information about Muslim groups in Italy.
On Wednesday, defense lawyers tried to counter Ms. Nabila’s testimony, portraying her as an unreliable witness. She and her husband now live in Cairo with their 3-month-old child and are supported by Mr. Nasr’s family.
After Wednesday’s session, Titta Madia, a defense lawyer for Mr. Pollari, said that Ms. Nabila’s form of heavily veiled dress indicated an “unreliable witness” since it was “an expression of an extreme Islam,” moved by “a deep hatred of Americans and toward the Western world.”
For example, Ms. Nabila testified that after Mr. Nasr’s 14 months in the Toran prison in Cairo, he was repeatedly released by judges and re-arrested by the police, before being finally released for good in February 2007. She said that during the extended period of repeated detentions, her husband had told her that his Egyptian interrogators offered him American citizenship and payments of $1 million if he would cooperate.
When asked a series of questions about a home computer that was ultimately confiscated by the Italian police long after Mr. Nasr’s disappearance, she said he had no memory of the events.
--Daniele Pinto contributed reporting.
WIFE OF CLERIC ABU OMAR TESTIFIES AT U.S. SPIES' TRIAL IN ITALY
By Tracy Wilkinson
** She recalls talking to him after he was allegedly abducted by the CIA five years ago in Milan and tortured while detained in Egypt. An attorney for an Italian codefendant objects to her Muslim attire **
Los Angeles Times
May 15, 2008
MILAN, ITALY -- From behind the black veil concealing her face, Nabila Ghali blinked rapidly, her voice quivering, as she testified about the torture her husband said was inflicted after he was allegedly kidnapped by CIA agents and dumped in an Egyptian prison.
The torturers used electrical shocks "all over his body," Ghali told a packed courtroom Wednesday, detailing the disappearance and ordeal of Abu Omar, a radical Egyptian cleric snatched from the streets of Milan five years ago.
Ghali became the first witness to testify in the trial of 26 Americans, most of them CIA operatives, who are accused of kidnapping Abu Omar and flying him to Egypt as part of the U.S. government's secret "extraordinary rendition" program. Seven Italians, including the country's former top spymaster, are codefendants; the Americans are being tried in absentia.
The Abu Omar case and the decision of Italian prosecutors to pursue it have provided the clearest exposure yet of one of the Bush administration's most controversial counter-terrorism tactics.
In other action, Judge Oscar Magi also ruled that Prime Minister Silvio Berlusconi could be forced to testify in the trial. Never has a head of government had to speak publicly under oath about the murky world of renditions. Berlusconi would be called as a defense witness, however, which limits the scope of questions.
Attorneys for two defendants -- Nicolo Pollari, the former head of Italy's élite military intelligence service, and Marco Mancini, his No. 2 -- want Berlusconi to testify that evidence protected by state-secrecy laws exonerates them.
Romano Prodi, who served as prime minister between two Berlusconi terms, can also be called to testify, Magi ruled.
Most of Wednesday's hearing was taken up with the questioning of Ghali, who also asserted that Abu Omar, whose real name is Hassan Osama Nasr, has been offered a huge amount of money from a mysterious "security service" figure to drop his allegations.
It was Ghali's telephone conversation with Abu Omar 14 months after he was abducted that touched off the investigation. The call from Egypt to Milan was the first sign that the missing cleric was still alive, and Italian police investigating his possible ties to terrorist groups were eavesdropping.
Ghali, speaking in Arabic through an interpreter, did not offer much in the way of revelations; she has previously spoken to journalists and human rights investigators. But her dramatic court appearance gave life to a legal proceeding whose arguments have been largely technical and tedious.
Ghali, 39, was covered head to toe in a steel-gray tunic, long gray skirt, long black gloves, and black veil and head scarf containing the tiniest of slits through which only her eyes flashed.
She recounted the now familiar sequence of events on the morning of Feb. 17, 2003, when people speaking Italian intercepted Abu Omar as he walked to the mosque, bundled him into a van and sped away. He has said he was blindfolded, drugged, and stripped before being flown in a small CIA jet to Egypt, where he landed as the morning call to prayer filled the air.
Ghali described the torture that Abu Omar has said left him with permanent physical and psychological damage and nearly drove him to suicide, including beatings, being hung as though crucified and electrical shocks applied to his genitals and other body parts.
These last words came slowly, hesitantly, an emotional portion of an otherwise straightforward testimony. Her gloved hands fluttered to her blinking eyes and she appeared to weep.
Ghali's heavy covering provided problems for the court. Granting a request from her attorney Luca Bauccio, the judge banished all cameras from the courtroom and allowed her to begin her testimony from behind a screen.
Once behind the screen, she was required to remove part of the veil so the judge could compare her face to the picture on her identification document.
"I will verify she is Mrs. Nabila Ghali," Magi said. "What's the problem?"
"The problem is not that we cannot see her but that what she is wearing is a symbol of fanaticism and extremism," Titta Madia, defense attorney for Pollari, said later. He added that her testimony was "hostile and aggressive" and suggested she was motivated by hatred for the U.S. and the West.
Lead prosecutor Armando Spataro said he hoped her presence would achieve two goals. Though secondhand, her accounts of what happened will have added weight if Abu Omar does not testify. Prosecutors want to call on Abu Omar but say that Egyptian authorities have not granted him permission to travel to Italy. Another complication: He would face possible criminal charges if he returned. Italian anti-terrorism police say they were on the verge of arresting Abu Omar when the CIA intervened.
Prosecutors also used Ghali to verify the authenticity of two letters, one written by her and the other by her husband. If he doesn't testify, the letters, too, will be entered as evidence.
In the letter attributed to him, obtained by the *Times*, Abu Omar writes of repeated imprisonments and again details his treatment in an Egyptian cell: "I was fêted with a festival of torture."
ITALY'S CIA "KIDNAP" CASE
May 14, 2008
An Italian judge on Wednesday could decide to call Prime Minister Silvio Berlusconi to testify in a trial against U.S. and Italian spies accused of kidnapping a terrorism suspect in Milan in 2003.
Following are details of the case, the first criminal trial over "renditions," one of the most controversial aspects of U.S. President George W. Bush's war on terrorism.
WHO ARE THE SUSPECTS?
Twenty-six Americans including former CIA station chiefs in Rome and Milan, Jeff Castelli and Robert Lady, and the head of security at the U.S. air base in Aviano in northern Italy.
Seven Italians also face charges, including Italy's former spy chief Nicolo Pollari.
WHAT ARE THE ACCUSATIONS?
That a CIA-led team grabbed Hassan Mustafa Osama Nasr, a Muslim cleric also known as Abu Omar, in Milan on February 17, 2003, flew him via Germany to Egypt, where Nasr says he was tortured with electric shocks, beatings, rape threats, and genital abuse.
Nasr was released from jail in Egypt last year and lives in Alexandria.
Pollari says that Berlusconi is aware of classified documents that prove his innocence. Pollari's defence team also wants testimony about state secrecy in the case from former prime minister Romano Prodi, former defense chiefs from Prodi's and Berlusconi's last governments along with other officials.
WHAT DO THE UNITED STATES AND ITALY SAY ABOUT THE CASE?
Washington has not responded to the charges. It acknowledges secret transfers of terrorism suspects to third countries, but denies torture or sanctioning torture by third parties. A U.S. official said last year Washington will not turn over any of the Americans even if Rome asks for their extradition -- something the Italian government has not done.
Berlusconi, Italy's prime minister at the time of the supposed rendition, and who was re-elected last month, denies knowledge of any kidnap operation and has defended Italy's military spy agency of wrongdoing. He has also criticized the trial on the grounds it could hurt Italy's reputation in the international intelligence community.
Prodi's government asked the constitutional court to annul the indictments, arguing prosecutors broke state secrecy rules when building their case. A decision is expected in the coming months.
WHAT DO THE SUSPECTS SAY?
Policeman Luciano Pironi admits stopping Nasr on a Milan street so the CIA could grab him, but says the CIA told him the goal was to recruit Nasr and the operation was approved by Rome and the United States. Pironi made a plea bargain accepting a 21-month jail term.
Pollari says he did nothing wrong. One of his deputies, Marco Mancini, says the CIA did ask the SISMI to help kidnap Nasr, but the SISMI refused because it was illegal. He says some superficial surveillance was carried out on Nasr.
(Writing by Phil Stewart, Editing by Matthew Jones)
BERLUSCONI, PRODI MAY TESTIFY IN CIA KIDNAP TRIAL
May 14, 2008
MILAN, Italy -- Italian Prime Minister Silvio Berlusconi and his predecessor Romano Prodi may testify in the Milan trial of 26 CIA agents accused of kidnapping an Egyptian imam, a judge decided Wednesday.
Judge Oscar Magi accepted defense lawyers' arguments that Prodi and Berlusconi should be called in the trial of the agents being judged in absentia.
Seven Italians, including the former head of military intelligence General Nicolo Pollari, are also on trial in the case.
Secret service heads and ministers of defense under Prodi, who was premier between 2006 and 2008, and in Berlusconi's previous government from 2001-2006 may testify, the judge ruled.
The defendants are on trial in the northern city for the February 2003 kidnapping of Osama Mustafa Hassan, better known as Abu Omar.
The trial is the first in Europe over the CIA's so-called "extraordinary rendition" program under which it has secretly transferred terror suspects to third countries known to practice torture.
Abu Omar was snatched from a Milan street in an operation believed coordinated by the CIA and Italian military intelligence, then transferred to a high-security prison outside Cairo, where he was held for four years.
After his release in February 2007, he told of torture and humiliation during his incarceration.
Pollari, who was forced to resign over the affair, has said he is innocent but unable to defend himself because he cannot discuss state secrets.
His lawyers have called for testimony from Berlusconi and Prodi since the start of the trial in June 2007 in hopes of showing that their client was not aware of the kidnapping.
The judge had held off on reaching a decision on the matter while the Constitutional Court deliberated whether Milan investigators had violated state secrecy laws by wiretapping military intelligence agents.
The trial was suspended in June 2007, shortly after it opened, while awaiting a decision from the Constitutional Court.
Magi decided to resume the trial in March after the government and Milan prosecutors agreed in January to try to settle the issue without recourse to Italy's highest court.
Among the Americans are the former CIA Milan station chief Robert Seldon Lady, the Rome CIA station chief Jeffrey Castelli and US Air Force Lieutenant Colonel Joseph Romano, who was stationed at the Aviano air base in northeastern Italy at the time.
The Italian government has refused to seek the extradition of the 26 Americans requested by the Milan prosecutors.
BERLUSCONI MAY BE CALLED IN CIA 'KIDNAP' TRIAL
May 14, 2008
ROME, Italy -- An Italian judge ruled Wednesday that Italian Prime Minister Silvio Berlusconi may be called as a witness at the trial of 26 Americans, mostly CIA agents, in connection with the alleged kidnapping of a Muslim cleric, a Milan court official said.
Judge Oscar Magi ruled Berlusconi's testimony is admissible at the trial, essentially giving defense attorneys the right to call the premier to the witness stand, said the court official, who was not authorized to speak with the media.
Berlusconi is not accused of any wrongdoing, but because he is a witness, he must appear in court. In Italy, only defendants may opt not to appear.
Berlusconi will testify as someone informed about the facts in question because he was prime minister at the time of the alleged abduction more than five years ago. Magi also ruled that former prime minister Romano Prodi may also be called to the witness stand.
The proceedings center on the alleged kidnapping of Osama Nasr Mostafa Hassan, an Egyptian-born Muslim cleric also known as Abu Omar, in February 2003.
At the time of his disappearance, Milan prosecutors were investigating him for alleged links to terrorism.
Prosecutors allege that a CIA team working with Italian intelligence officials seized him from a Milan street, eventually flew him to Egypt, and used torture as part of an interrogation there.
Italian authorities last year indicted 26 Americans and five Italians for kidnapping in the case.
The Italians include the former head of Italian intelligence, Nicolo Pollari, and one of his deputies. They testified in preliminary hearings that Italian intelligence played no role in the alleged abduction.
None of the Americans is in custody in Italy and the Italian government has not asked for their extradition; they are being tried in absentia.
Italy's constitutional court is being asked to rule whether documents Pollari wants to use to clarify his position and defend himself are admissible in court and whether prosecutors investigating the case violated state secrecy rules.
Italian media report a ruling on that could come July 8. Should the court rule that prosecutors breached national security, the whole trial would be invalidated.
The trial deals with a practice that human rights groups call "extraordinary rendition," and they say the United States has often sent suspects to countries that practice torture.
Washington acknowledges making secret "rendition" transfers of terrorism suspects between countries but denies using torture or handing suspects over to countries that do.
In an earlier interview, former CIA analyst Michael Scheuer said the Italian military secret service had approved the operation involving Hassan, and CIA sources who refused to be named told CNN in 2005 that the agency had briefed and sought approval from its Italian counterpart for such an abduction.
The then Italian government of Berlusconi has vigorously denied having authorized Hassan's kidnapping, which it called illegal.
ITALIAN JUDGE: BERLUSCONI TO TESTIFY IN CIA CASE
By Colleen Barry
May 14, 2008
MILAN, Italy -- An Italian judge ruled Wednesday that Premier Silvio Berlusconi will be called to testify in the trial of 26 Americans and several Italians charged with kidnapping a terror suspect during a CIA operation.
Judge Oscar Magi approved the defense request as the case resumed. Magi also ruled that former Premier Romano Prodi and senior officials from both Berlusconi's and Prodi's past governments will be called to testify.
Berlusconi, who has just been re-elected to another term, is considered a key witness because he was premier when Egyptian cleric Osama Moustafa Hassan Nasr disappeared in February 2003.
Italian prosecutors say Nasr, also known as Abu Omar, was abducted on a Milan street as part of the CIA's program of extraordinary rendition, in which terror suspects are moved from country to country without public legal proceedings.
The CIA has declined comment on the case.
Berlusconi's testimony had been requested by lawyers for Nicolo Pollari, a former intelligence chief who is one of the defendants in the case.
Pollari hopes the testimony might help prove that he was against the rendition, lawyers said. He could face from one to 10 years in jail if convicted.
Pollari has denied any involvement by Italian intelligence in the abduction.
Berlusconi, one of the United States' close allies in its battle against terrorism, has expressed support for Pollari and has maintained his government was not informed about the operation and did not take part in it.
The trial is the first involving the CIA's extraordinary rendition program.
At the time of his disappearance, Nasr was also under investigation in Italy for suspicion of involvement in international terrorism.
Italian prosecutors say the cleric was 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 last year, says he was tortured.
All but one American suspect in the case have been identified by prosecutors as CIA agents. They are being tried in absentia, and their Italian lawyers are all court-appointed, having had no direct contact with their clients.
EGYPTIAN CLERIC TO SUE ITALY OVER CIA ABDUCTION
By Alaa Shahine
May 13, 2008
[NOTE: For photographs of this interview, see here.]
ALEXANDRIA, Egypt -- An Egyptian cleric said on Tuesday he would sue the Italian state for allowing the CIA to kidnap him in Milan in 2003 and fly him to Egypt where he was imprisoned and tortured.
Hassan Mustafa Osama Nasr said his lawyers would file the suit on Wednesday, the day a criminal trial resumes in Milan of seven Italian spies and 26 Americans accused of taking part in the transfer, or "rendition".
Nasr, also known as Abu Omar, said in an interview at his apartment in the coastal city of Alexandria that he wanted 20 million euros ($31 million) in compensation. However, he said he was prepared to accept an out-of-court settlement.
"I am ready and open for a . . . solution," he said, sitting in a room with walls decorated with verses from the Koran and a poster of the al-Aqsa mosque in Jerusalem.
"But the compensation will still have to be generous because of the injuries I sustained -- the kidnapping, the oppression, the torture, and the violation of the privacy of my home."
The judge in the criminal trial is expected to decide on Wednesday whether to call Prime Minister Silvio Berlusconi as a witness, which could make him the first Italian premier to testify in a criminal case over secret CIA transfers of terrorism suspects.
The Americans, most believed to be from the CIA, are being tried in absentia. The Italian defendants include Nicolo Pollari, the head of the SISMI military intelligence agency at the time of the incident.
Nasr said Berlusconi could reveal more details about the case if he was called to testify.
Nasr, a stocky 45-year-old man with a bushy beard, said his suit would refer to the Berlusconi administration that served between 2001 and 2006. He said he was sure the billionaire politician, who has defended the Italian spy agency against accusations of wrongdoing, was aware of the incident.
"Sure Berlusconi knew about the case because it had to do with the sovereignty of Italy," he said.
A strong ally of U.S. President George W. Bush, Berlusconi has denied any knowledge of the case and also opposed the trial, arguing it could hurt Italy's reputation in the global intelligence community.
If the judge calls Berlusconi and Romano Prodi, who took over as prime minister in 2006, they must testify.
Prosecution witnesses at the trial will include Nasr's wife.
Prosecutors say a CIA-led team grabbed Nasr in a Milan street, bundled him into a van, and drove him to a military base in northern Italy.
He was then flown to Egypt, where he says he was tortured with electric shocks, beatings, rape threats, and genital abuse. He said his compensation demands were only fair.
"I was tortured for 14 and a half months . . . I suffer now from heart and kidney problems. I have psychological problems. My family is scattered. I have not seen my children for three to four years," he said.
"The future for me in Egypt is dark . . . I want to leave."
Nasr was released from detention in 2007. Struggling to find a stable job, he has spent much of his time writing about his experiences. He plans to publish a memoir this summer. (Writing by Alaa Shahine; editing by Andrew Dobbie)
ANATOMY OF A RENDITION
By Leo Sisti
** In cleric's abduction in Italy, the CIA all but left a calling card **
International Consortium of Investigative Journalists
May 24, 2007
MILAN, Italy -- Hassan Mustafa Osama Nasr, a Muslim cleric from Egypt also known as Abu Omar, had just stepped out of his home on via Conte Verde in Milan around noon on February 17, 2003, and was heading for prayers at the mosque when a military policeman confronted him. "Mi mostri il passaporto!" came the order. "I don't speak Italian," the cleric responded, so the officer, Luciano Pironi, repeated the question in English. "Show me your passport!"
Omar handed over his passport, and suddenly someone inside a parked white van flung open the side door. According to the account of a witness later interviewed by the police, two men grabbed the cleric and shoved him inside. The van roared away, and thus began a tangled spy story that has resulted in a major political and diplomatic embarrassment for the United States and its close ally in the war on terror, Italy.
Four years later, on February 16, 2007, Italy indicted 25 Americans it said were CIA agents, a U.S. Air Force lieutenant colonel, and five high-ranking members of Sismi, the Italian military secret service, on charges of kidnapping Omar, then 40 years old, and performing an "extraordinary rendition" -- seizing a terrorist suspect without a warrant and transferring the person to another country, often one known to employ torture.
The CIA will neither confirm nor deny allegations about this or any other rendition. But investigative records filed with the Italian court that issued the indictments present a vivid picture of Omar being kidnapped and taken to his native Egypt, where he claims he underwent lengthy detention, questioning, and torture. These records say the rendition was engineered by U.S. diplomats suspected of being CIA agents. By the time the indictments were issued, all of the officials in question had been transferred to other countries. The State Department also declined to comment, and the Egyptian Embassy in Washington did not return calls seeking comment.
Just who is Abu Omar? A veteran of military training camps in Bosnia and Afghanistan, Omar allegedly was a member of the Egyptian radical movement Gama'a al-Islamiyya, which has been designated by the U.S. as a terrorist organization supported by Osama bin Laden.
In the 1990s he left Egypt for Albania, residing in the capital city of Tirana and quickly attracting suspicion as a terrorist. According to Italian intelligence sources, Albania expelled him for helping to plot an attack on a visiting Egyptian minister. In 1997 Omar moved first to Germany and then to Italy, where in 2001 he was granted political asylum. He first served as an imam at a mosque in Latina, close to Rome. He went to Milan, where he was an imam in a radical mosque, and then worked in an Islamic cultural center attended by Islamic fundamentalists who were later arrested and convicted of recruiting jihadists for Iraq.
The Italian court documents include evidence that by 2002 Abu Omar was under investigation by Digos, the Italian special police branch that investigates terrorism. But in February 2003 he disappeared. The documents also allege that on March 3, two weeks after the abduction, a first secretary at the U.S. Embassy in Rome sent Italian authorities the following message: "Abu Omar disappeared in the Balkans, where he could have been relocated." That diplomat is among the Americans who have been identified as CIA agents by the Italian authorities and who have been indicted in Milan for Abu Omar's kidnapping.
DETENTION IN EGYPT
In April 2004, Armando Spataro, the deputy chief prosecutor in Milan for investigations of the Mafia and terrorism, began probing Abu Omar's disappearance. Spataro's task was tough. He knew that Digos had tailed Abu Omar as a terrorist suspect and for good reason. How could he have disappeared without a trace?
The same month, court records show, Abu Omar was released from detention in Egypt and Digos, which was still investigating Omar's disappearance from Italy, intercepted phone conversations between him, another imam, Elbadry Mohammed Reda, and his wife, Nabila Ghali.
"He told me that he had been kidnapped in Milan," she said in excerpts from an interview with the Milan prosecutor made public in the court documents, "and that some people had captured him violently and taken him away in a white van. . . . My husband . . . told me he hadn't been kidnapped by Egyptians. . . . He had always been kept blindfolded during the kidnapping. . . . He was certainly flown to Egypt with a military aircraft, surely not a civilian plane. . . . He told me that he had always been detained and subject to awful torture . . . all kinds of torture . . . because the Egyptians wanted information from him that he was unable to give. . . . He added that he was made to sign a statement after the torture where he declared that he had turned himself in to Egyptian authorities on his own free will."
More details came from Reda, the other imam, who in an interview with the Milan prosecutor said Omar told him this story: "Speaking perfect Italian, the two men told Abu Omar to be quiet and remain still, otherwise he would be dead. . . . Thanks to his watch, he was able to ascertain that he had traveled by car with the two men for about five hours. . . . The two abductors handed Abu Omar to other people inside a military base that he believed to be an American base . . . with the U.S. flag. . . . He didn't say whether the captors were Italians . . . just that they spoke Italian. The two men departed and left him with a group of English- and Italian-speaking people . . . who availed themselves of an Arab interpreter. [They] asked him questions repeatedly, accompanied by outbursts of violence, about three specific issues: . . . on his dealings with al Qaeda . . . on his activities related to the war in Iraq, asking him if he was sending volunteers to fight the U.S. in those areas . . . and on his relationship with Albanian Islamic groups."
Reda's transcript continued: "He told me that he had been beaten . . . tortured . . . questioned. At dawn he was loaded onto a U.S. military aircraft and traveled for just under one hour . . . he thought he had been taken to a Rome airport. The aircraft was stationed in a restricted area inside a huge airport, probably military. . . . Abu Omar was taken off the plane . . . got on another U.S. military plane . . . and took off again immediately. . . . The second plane landed at a U.S. base in the Red Sea in Egypt. . . . From this base he was flown to a Cairo airport, this time [aboard] Egyptian and military [aircraft] . . . he was blindfolded and taken by car, with Egyptians on board, to a Secret Service building in Cairo. . . . He had to meet an important personality . . . the Egyptian Home Secretary, Habib Al Adly. . . . [Al Adly] told him that if he agreed to work as an infiltrator for the Egyptian secret service he would be home in 48 hours, otherwise he would have to bear full responsibility for his refusal. . . . Abu Omar refused.
"He was subject to serious torture. . . . The first measure was to leave him in a room where incredibly loud and unbearable noise was made. . . . He has experienced damage to his hearing. . . . The second kind of torture was to place him in a sauna at tremendous temperature and straight after to put him in a cold storeroom . . . causing terrible pains to his bones . . . as if they were cracking. The third was to hang him upside down . . . and apply live wires to the sensitive parts of the body including his genitals . . . and producing electrical shocks. . . . He has suffered damage to his motor and urinary systems . . . he became incontinent. . . . They tortured him and accused him of being an al Qaeda terrorist and a militant against the Egyptian regime."
There was seemingly no legal basis for Abu Omar's arrest and transfer to Egypt -- he had long been under investigation, but no arrest warrant had ever been issued. Omar was initially released by Egyptian authorities on April 20, 2004. But on May 12, 2004 -- 22 days after he was freed -- press reports indicated that the Egyptian police arrested him again. Almost three years later, in February 2007, he was finally released to his family in Alexandria, Egypt -- and promptly announced through his attorney that he planned to sue the U.S. and Italian governments for damages. In late March 2007, Montasser Al Zayat, Abu Omar's attorney, stated that his client was seeking "a compromise solution with the Italian government, asking for compensation of 20 million euro (approximately $26 million)."
THE KIDNAPPING INVESTIGATION
In the first months of 2005, Milan prosecutor Spataro began to make some progress on recreating what had happened that February day in 2003. One helpful bit of evidence was provided by Bruno Megale, the Milan anti-terrorism chief at Digos, who gave Spataro an analysis of local mobile phone records on the day of the abduction. According to court records, the analysis found that 17 cellular phones had been used during the kidnapping. Some were registered to people unconnected to the abduction; others were registered under fake names, and investigators were able to eventually link those phones to credit card, hotel, and car rental records. They began to compile a list of people they believed were present when Abu Omar was abducted.
At different points in 2005 and 2006 before two different judges, Spataro requested arrest warrants charging 26 Americans and two Sismi agents with Abu Omar's kidnapping. They included Jeff Castelli, officially a diplomatic counselor at the U.S. Embassy in Rome but identified in the most recent arrest warrant as the Rome CIA station chief and the top CIA official in Italy. Others named included Robert Seldon Lady, identified in the warrant as the Milan CIA station chief; a first secretary at the U.S. Embassy in Rome; and a second secretary at the embassy who was assigned to the American consulate in Milan, both of whom were identified in the warrant as CIA agents. Also indicted was a U.S. military officer: Lt. Col. Joseph Romano III, in charge of security at the Aviano airport, an air base in northern Italy used by the U.S. Air Force. It is where Abu Omar was transferred after being abducted off the street in Milan.
The judges granted Spataro's requests. He was unable to take the Americans into custody, because they were outside of Italy by then. But on July 5, 2006, two high-ranking Sismi officials were arrested: Marco Mancini, head of military counterespionage, and Gen. Gustavo Pignero (who died of cancer in September 2006 while under house arrest), director of Sismi's Operational Division. Both were charged with supporting the CIA's kidnapping.
Spataro investigated Sismi's chief, Gen. Nicolò Pollari, on the same charges, but he was not arrested. His predecessor as Sismi chief, Adm. Gianfranco Battelli, was also questioned, and a transcript filed in court records shows that Castelli had broached with Batelli the notion of kidnapping terrorism suspects in Italy.
In the transcript of Spataro's questioning, Battelli said that Jeff Castelli of the U.S. Embassy had contacted him, requesting a conversation. "During the meeting he wanted to know my opinion about the possibility of performing the strategy of the so-called 'renditions' in Italy. He referred to the possibility of carrying out an abduction of a suspect terrorist in Italy, bringing him to an airport and sending him to a foreign country. . . . He didn't mention Abu Omar or any other names of people to kidnap. . . . I told Castelli that if he requested formal assistance, I would be forced to inform the prime minister or the political authorities. I thought that due to the delicacy of the request, before informing the political authorities, I would have directly made inquiries to the CIA chief, at that time George Tenet, to check if Castelli's request was really coming from CIA bosses [at the Langley headquarters] or if it was an autonomous initiative by Castelli. . . . I referred my conversation with Castelli to my successor, General Pollari."
A few months after Abu Omar was abducted, Spataro's investigators were digging to find out if the names of the people they had gleaned from the phone, hotel, car rental, and credit card records were real. The investigative report says that Castelli, Lady, two other American diplomats, and Lt. Col. Romano were all positively identified due to their official jobs; what of the other names?
Dozens of reporters who have covered the Abu Omar rendition have tried to find out whether any of the remaining names of those indicted were real; almost all have come up empty-handed, believing most of the names to be fakes or aliases. Two notable exceptions are the *Chicago Tribune*'s John Crewdson, who reported that he confirmed two agents through the use of frequent flier records, and an Italian reporter who spoke with an American agent on background, publishing the conversation without identifying the agent by name in December 2006 but writing that the agent confirmed that the CIA was involved in the operation.
The International Consortium of Investigative Journalists (ICIJ) was also able to confirm a name as real. A public records search carried out in the United States showed that the mortgage on the individual's home is held by a small federal credit union that caters exclusively to CIA agents, their families, and CIA contractors. An ICIJ reporter visited the home. There is no publicly listed phone number, and none of the neighbors have a phone number for their neighbor, about whom they know little. In a brief interview, all the person would say was, "I don't know what you're talking about."
Based on a bilateral treaty between Italy and the United States, an Italian prosecutor such as Spataro is entitled to seek the arrest and extradition to Italy of U.S. citizens provided that the request is approved by the Italian minister of justice. In April 2006 Roberto Castelli, who was then the justice minister and who represented the Northern Alliance Party, a nationalistic center-right coalition led by Silvio Berlusconi, the prime minister at the time, refused to sign the extradition request. "It is known that Mr. Spataro is an activist magistrate," Castelli said. "I think that towards America he is not so unbiased."
KEY ITALIAN PLAYERS
That same month Spataro summoned Luciano Pironi, the officer who asked to see Abu Omar's passport as he was being abducted, to testify in the Milan court about his role in the cleric's disappearance. Pironi, a lower-level warrant officer in the Italian Carabinieri, the country's constabulary, decided to cooperate with prosecutors from the outset and thus was spared arrest.
According to a deposition transcript on file with the court, Pironi began by telling Spataro that he "met with Robert Lady, the Milan CIA station chief, at the end of 2000 or at the beginning of 2001. He came frequently to our offices to exchange information. . . . Lady and I became friends, and I called him Bob. Once I told him that I'd like to join the Sismi. He promised to talk to the man who ran the Sismi office in Milan, a lieutenant colonel of the Carabinieri, Stefano D'Ambrosio. . . . In August 2002 during a dinner at the Tosca restaurant, in Piazza Risorgimento, Bob Lady mentioned the name of Abu Omar for the first time. Bob said that Abu Omar is important and dangerous, a leader of an Islamic terrorist organization in Europe. . . . Bob told me that he got news that the Egyptian was planning to seize a bus of an American school in the Milan suburbs. . . . In September Bob Lady said to me that, together with Sismi, they were planning a great operation where I could play a useful role. But he didn't elaborate any further."
D'Ambrosio, who ran Sismi's Milan office from December 2001 until being dismissed in November 2002, was questioned by Spataro in April and May of 2006. According to a transcript, he told prosecutors: "At the end of October 2002, Bob Lady informed me confidentially of a plan worked out jointly by the CIA and Sismi on a 'rendition' of Abu Omar, where he would be transferred to a place unknown to me. [Lady] wanted to see if I was aware of the plan. He went on to say that the plan had been worked out by Jeff Castelli, in charge of the CIA office in Rome as well as the rest of Italy, under precise orders coming from the United States, from Langley.
"According to Lady, a unit of the CIA which was part of a structure called the Special Operation Groups (SOG) had already been in Italy, and specifically in Milan, where they had made a pre-action inspection. SOG staff is made up of CIA agents with a military background. Lady said they were tough, not assigned to gathering intelligence or conducting investigations but to special intelligence operations. As a member of Sismi, the existence of SOG was known to me. Under the plan, Abu Omar was to have been taken in Milan and brought to Ghedi, in the province of Brescia, where the Americans use part of an air base there. On this point Bob specified that Sismi personnel were busy in that area looking for the right place where Abu Omar could be held in custody while waiting for a CIA plane from Ramstein, Germany, to transfer him abroad to a place unknown to me and never mentioned.
"Lady was critical of the plan," the transcript continued. "He said that it was foolish to take a person being investigated by Digos agents who were doing a very good job. They [Digos] could keep on investigating and monitoring the situation in order to identify other associates of Omar's. He couldn't understand why that investigation had to be broken off, spoiling a profitable collaboration with Digos. Bob felt sorry for having to betray Digos' trust since they were not aware of the plan. He was also worried because Abu Omar was being tailed and was nervous that some sort of incident could occur, even a gunfight.
"Bob asked me if I was aware of the planned operation. I was astounded. I didn't know anything. I, too, was critical of the plan. . . . [W]e were both convinced that Abu Omar, once captured, would be immediately replaced by another man more difficult to spot and keep under control. Lady added that Jeff Castelli and [another agent] were very keen on the plan."
D'Ambrosio was officially dismissed from Sismi for "poor performance." In his interview with prosecutors, he implied that the real reason was for being critical of the rendition plan.
In his testimony to prosecutors, Pironi, the Carabinieri officer, who is known as "Ludwig," told this story of what led up to the kidnapping in February 2003: "Between December 2002 and January 2003 Bob Lady explained to me what my role would be in a joint intelligence operation with Sismi. A group of people would take Abu Omar to an unknown place in order to get information from him on his illegal activity and to convince him to cooperate. . . .
"My role was to stop him on the street very close to his home pretending to ask about police identification so as to allow other people to approach him and take him away. . . . I pointed out that as far as I knew Digos agents were working on Abu Omar, but Bob Lady answered that the Interior Ministry assured CIA that in that period [of the planned kidnapping] Abu Omar would not be tailed. . . .
"On Monday, February 17, 2003, I left my office at 11:30. I reached Piazza Maciachini on board my scooter, which I parked there. In that precise moment a Volkswagen, dark blue or black, approached me, and the driver, short, black haired, in his forties, who I'd never seen before, lowered the window of his car and called to me, 'Ludwig, sono l'amico di Bob, sali!' [Ludwig, I'm Bob's friend, get in!]. . . . He explained to me that I should go to a white van parked on via Guerzoni where I could identify Abu Omar. . . . When we got there, the Volkswagen driver stopped his car in the middle of the roadway on via Guerzoni; Abu Omar was walking fast and moving towards me on the left side of the sidewalk, on the opposite side from where the van was parked. I called to him [Omar] and showed him my Carabinieri card" -- then came the passport request, and the door of the white van flew open.
Once Abu Omar was inside the van, according to court documents, cell phone records gave Italian investigators what they needed to trace what happened next. Two sets of telephone subscribers were active that day, as described in detail in the arrest warrants. According to court documents, one set of subscribers was present where Omar was taken, then headed to Cormano, a few kilometers from Milan. There, the documents say, the first set of subscribers met up with the second group. Nine people in the second group drove toward the air base at Aviano, some placing calls to mobile phones used by officers, including Lt. Col. Romano, who were stationed there. After about five hours, the court documents continue, all of the subscribers were at or near the air base.
When the CIA team arrived in Aviano, plans were ready for the second leg of Abu Omar's journey, according to the same court documents. A Learjet LJ35 flew Abu Omar to the American base in Ramstein, Germany, where a Gulfstream executive jet (tail number N85VM), leased by the CIA from a private American company, brought him to the headquarters building of an Egyptian state intelligence agency; he was later transferred to the Tora Prison in Cairo, Egypt, according to the Italian court's arrest warrant.
Italian court records indicate that Bob Lady, the U.S. Embassy employee identified as the Milan CIA station chief, traveled to Egypt shortly after the kidnapping took place. These records show that "from February 19, 2003, to February 22, 2003, [Lady's] number . . . maintained its location in the city of Milan. But on February 23, 2003, the user of this device moves to the province of Gorizia [near Aviano] and from that day no calls are made or received by that number until March 3, 2003, when it received two calls from an unidentified number while using a mobile phone 'cell' in Egypt. Days later, on March 15, 2003, the number picks up Italian cells again, confirming it has [re-]entered Italian territory. . . . One can comfortably assume that the user of the said Vodafone card stayed in Egypt from February 22 to March 15, 2003, during the first days of Abu Omar's unlawful detention in Egypt, and when he was most likely being subject to the first spate of 'treatment.'"
MYSTERY WITHIN A MYSTERY
No one has been able to explain how, if CIA agents were on such a secret mission, they could have been so careless as to leave such an obvious paper trail. Records show that those linked to the abduction stayed in luxury hotel rooms that cost up to $500 per night, always paid with credit cards, and sometimes made telephone calls from their hotel phones (ICIJ, for instance, was able to match certain calls made from those hotels to the home of the person listed in the Italian arrest warrants that we attempted to interview for this story).
Further, the evidence gathered from public records matches the identity of the person ICIJ identified with the paper trail left in Milan. Court records describe how Italian investigators reported finding compromising material on Lady's home personal computer, including surveillance photos of Abu Omar and files describing the best way to reach the Aviano air base by highway.
Crewdson reported in his July 2006 *Tribune* story that the CIA director at the time, Porter Goss, was reported to be so disgusted with the sloppiness of the Milan rendition that he ordered a full review of the agency's field operations.
According to Italian court records, CIA agents spent tens of thousands of U.S. taxpayer dollars during their stay in Italy. In addition, Luciano Pironi, the Italian officer who asked to see Abu Omar's passport, received a gift from U.S. taxpayers -- reimbursement for a week of vacation in the U.S. In September 2003, seven months after Abu Omar was abducted, Pironi traveled to CIA headquarters and met with two high-ranking CIA officers who had jurisdiction over Europe. They toasted their success over a bottle of Bordeaux, according to Pironi's transcript. "For me to get to Langley," he said, "was like for a little priest to get to the Vatican."
Prosecutor Spataro, beneficiary of a paper trail spies aren't supposed to leave behind, continues his battle today. In July 2006, with a new minister of justice in office, he lodged a new request for permission to seek extradition of the Americans he has charged. But the newly appointed minister, Clemente Mastella, a member of the new left-leaning government of Romano Prodi, has not answered Spataro's request.
On December 5, 2006, Spataro officially wrapped up the investigation by asking a court to put all 26 Americans plus Pollari, Mancini, Pironi and other Sismi officials on trial, charging them with complicity in a kidnapping. He also asked that three people charged with lesser crimes, including aiding and abetting a kidnapping, be tried.
The first hearing was January 9, 2007. Pollari's attorney, Titta Madia, announced his intention to ask the judge to summon former Prime Minister Berlusconi and current Prime Minister Prodi as witnesses as well as to stop the proceedings on the grounds that issues pertaining to the case are restricted by state secrecy. On February 6, Judge Caterina Interlandi denied Pollari's request to compel testimony from Berlusconi and Prodi. Eight days later, Deputy Prime Minister Francesco Rutelli said that the Milan prosecutors had breached state secrecy by ordering wiretaps of Sismi agents' telephones. Now, the Italian Constitutional Court must rule on the state secrecy issue.
Despite the constitutional tussle, on February 16, Judge Interlandi indicted all 26 Americans as well as five Sismi agents, including former chief spy Pollari and his right-hand man Mancini. She also set June 8, 2007, for the trial to begin, presuming that the Constitutional Court allows the case to move forward against the Americans, who would be tried in absentia.
In late February 2007, the State Department's legal adviser, John Bellinger, told a news briefing in Brussels, Belgium, that the indicted Americans deserve special treatment despite the bilateral extradition treaty that exists between Italy and the U.S. "We've not got an extradition request from Italy. . . . If we got an extradition request, we would not extradite U.S. officials to Italy," Bellinger said.
At the same time the indictments against the American agents were coming down in Milan, the U.S. and Italian governments declined to join 57 other governments in signing a new United Nations treaty prohibiting governments from holding terrorism suspects in secret detention and from kidnapping terrorism suspects outside of the rule of law. The American Civil Liberties Union characterized the kidnappings outlawed by the treaty as "forced disappearances [that are] used by dictatorships to secretly detain, arrest or kidnap individuals and then deny it occurred." A State Department spokesman declined to comment on the treaty, which the U.S. had originally helped to draft beginning in 2001, saying only that it "did not meet [U.S.] expectations."