CIA Agents
Convicted of Kidnapping; Italian Officials Walk Free
"The
authors of the kidnapping of Abu Omar were all American - and the evidence
proves this. As for the former Italian intelligence officials, the ruling shows
that there was evidence incriminating them."
Osama Moustafa Hassan Nasr, also known as Abu Omar, shows the scars he says were inflicted on him by torture in an Egyptian prison, after he was 'renditioned' there by America's Central Intelligence Agency.
MILAN: The former head of
Sismi [Military Intelligence and
Security Service] Niccolò Pollari and another former official of the same
agency, Marco Mancini [former chief of operations],
could not be called to account in the case of the kidnapping of Abu Omar [aka/ Osama
Moustafa Hassan Nasr] due to the issue of state secrecy. Pollari faced 13 years
behind bars and Mancini 10. Instead, 23 CIA agents were convicted (almost all of
the accused) - 22 of them to 5 years imprisonment, while Robert Seldon Lady
[former CIA station chief] was sentenced to eight years. The United States was "disappointed"
by the verdict, State Department spokesman Ian Kelly said.
THE RULING: The
ruling by Judge Oscar Magi in Milan was read after the jury deliberated for three
hours. Sismi officials Pio Pompa and Luciano Seno, who were accused of aiding abetting,
were sentenced to three years. Finally, former CIA station chief in Rome, Jeff
Castelli, and two of his colleagues, were shielded by diplomatic immunity. Judge
Magi also ordered all defendants found guilty to pay €1 million [$1.45 million]
provisional compensation to the former imam and €500,000 [$750,000] for Abu
Omar's wife, but said that the level of compensation would ultimately be settled
in a civil suit.
[Editor's Note: All the
Americans were tried in absentia and are considered fugitives. Through their
court-appointed lawyers, they pleaded not guilty.]
NON-SUIT FOR ITALIANS: On the basis of Article 202 of the Code of Criminal Procedure,
which reads, "If there is confirmation of the admission of state secrets
and if the information covered by state secrecy turns out to be essential to
the determination of the outcome of the trial, the judge must rule the case a
non-suit," the judge ruled the case against
Pollari a non-suit. Sismi's former number two, Marco Mancini, received the same
outcome.
Posted
by WORLDMEETS.US
'INNOCENT ANYWAY': General Nicolò Pollari, in a conference call with his fellow defendants,
commented on the non-suit ruling: "If these state secrets had been revealed
by the relevant agencies, I would have not only have been proven innocent, but there
would never have been any legal action taken against me." To his defenders
this evening, the former Sismi chief seemed extremely emotional, but determined
to reassert his innocence as he has since day one.
THE EXULTATION OF MANCINI: Marco Mancini [photo, right] was almost jubilant after
the ruling was issued. Sismi's former number two, who faced 10 years in prison,
rushed out of the courtroom and was visibly trying to contain his emotions - before
being reached by his lawyers: "No comment," they suggested. But to
those who pointed out that this was not an acquittal on the merits but a non-ruling
due to the issue of state secrecy, Mancini had already replied: "Look, this
isn't a disease." Desolate, however, was [Sismi agent] Colonel Luciano
Seno, who was sentenced to three years for aiding and abetting [kidnapping]:
“How can it be that they have been cleared of the abduction and I’ve been condemned?
It’s madness.”
PUBLIC PROSECUTOR SATISFIED: Satisfaction was also expressed by Milan deputy
prosecutor Armando Spataro, who said the ruling, "shows that our action
was legitimately pursued.” Spataro acknowledged that the now-concluded case was
a, "difficult trial conducted with great professionalism by Judge Oscar
Magi. I think it’s very important for everyone that this trial has been seen
through to the end. The truth of the case was reconstructed during an investigation
by police and the Milano prosecutor’s office. The authors of the kidnapping of
Abu Omar were all American - and the evidence proves this. As for the former officials
of Sismi, the ruling shows that there was evidence to incriminate them." Finally, the magistrate said he wanted to attend
to what motivated the Italians who were accused but not convicted before
deciding on whether to appeal their acquittals.
Posted by WORLDMEETS.US
'A COURAGEOUS RULING': Human Rights Watch described the decision of the
Court of Milan on the Abu Omar case as “courageous.”
"No one was found innocent"
said Joanne Mariner, terrorism program director at the organization, "even
if some have been able to avoid imprisonment due to a broad interpretation of
state secrecy given by the Constitutional Court." Mariner added, "The
Italian government was held responsible for having collaborated with the CIA. Coming
from an Italian court, this ruling is courageous and we agree with the
prosecutor when he says that diplomatic immunity is not designed to protect
people involved in serious abuses of human rights."
