23 Americans Convicted in Italy-CIA Case
PHILIPPE HUGUEN/AFP/GettyImages
Updated at 3:52 p.m. EDT
An Italian judge on Wednesday convicted 23 Americans of the 2003 kidnapping of an Egyptian cleric on a Milan street, in a landmark case involving the CIA's extraordinary rendition program in the war on terrorism.
Citing diplomatic immunity, Judge Oscar Magi told the Milan courtroom Wednesday that he was acquitting three other Americans.
Former Milan CIA station chief, Robert Seldon Lady, received the stiffest sentence, eight years in prison. The other 22 convicted American defendants each received a five-year sentence.
The Americans, all but one identified by prosecutors as CIA agents, were tried in absentia. Their lawyers entered innocent pleas on their client's behalf. They are considered fugitives from Italian justice.
"This is largely symbolic because the Americans never showed up and it's unlikely our government is somehow going to hand them over now. But the symbolism, especially in the Arab world, will be and is very intense," CBS News chief legal analyst Andrew Cohen says.
In Washington, CIA spokesman George Little declined to comment on the convictions. He said, "The CIA has not commented on any of the allegations surrounding Abu Omar," the kidnapped man.
State Department spokesman Ian Kelly said Wednesday that the United States would not comment further because the judge had not issued a written opinion. But he said the Obama administration was "disappointed about the verdicts."
Magi said he was acquitting five Italian defendants because Italy withheld evidence, contending it was classified information. Two of the Italian defendants were convicted as accomplices to kidnapping and received three-year sentences, which despite the state secrecy imposed, indicates that Italian officials were complicit.
The verdict "sends a strong signal of the crimes committed by the CIA in Europe," said Joanne Mariner of Human Rights Watch. The crimes were "unacceptable and unjustified," said Mariner, who was in the courtroom for the verdict at the end of the nearly 3-year-long trial.
More coverage of the CIA rendition trial:
Prison Requested in CIA Rendition Case
Italian PM Can Testify In CIA Kidnap Case
Rendition Trial Puts U.S. On Hot Seat
Report: CIA Ran Secret Prisons In Europe
The Americans were accused of kidnapping Osama Moustafa Hassan Nasr, also known as Abu Omar, on Feb. 17, 2003, in Milan, then transferring him to U.S. bases in Italy and Germany. He was then moved to Egypt, where he says he was tortured. He was released after four years in prison without being charged.
The trial is the first by any government over the CIA's extraordinary rendition program, which transferred suspects overseas for interrogation. Human rights advocates charge that renditions were the CIA's way to outsource the torture of prisoners to countries where it is permitted.
The Milan proceedings have been a sore spot in relations between the United States and Italy. The CIA has declined to comment on the case, and Italy's government has denied involvement.
Among the Americans acquitted was Jeffrey Castelli, a former Rome CIA station chief, who prosecutors had alleged coordinated the abduction. The two other acquitted Americans were also assigned to the U.S. Embassy in the Italian capital and thus were covered by broad diplomatic immunity.
CBS/ AP An Italian judge on Wednesday convicted 23 Americans of the 2003 kidnapping of an Egyptian cleric on a Milan street, in a landmark case involving the CIA's extraordinary rendition program in the war on terrorism.
Citing diplomatic immunity, Judge Oscar Magi told the Milan courtroom Wednesday that he was acquitting three other Americans.
Former Milan CIA station chief, Robert Seldon Lady, received the stiffest sentence, eight years in prison. The other 22 convicted American defendants each received a five-year sentence.
The Americans, all but one identified by prosecutors as CIA agents, were tried in absentia. Their lawyers entered innocent pleas on their client's behalf. They are considered fugitives from Italian justice.
"This is largely symbolic because the Americans never showed up and it's unlikely our government is somehow going to hand them over now. But the symbolism, especially in the Arab world, will be and is very intense," CBS News chief legal analyst Andrew Cohen says.
In Washington, CIA spokesman George Little declined to comment on the convictions. He said, "The CIA has not commented on any of the allegations surrounding Abu Omar," the kidnapped man.
State Department spokesman Ian Kelly said Wednesday that the United States would not comment further because the judge had not issued a written opinion. But he said the Obama administration was "disappointed about the verdicts."
Magi said he was acquitting five Italian defendants because Italy withheld evidence, contending it was classified information. Two of the Italian defendants were convicted as accomplices to kidnapping and received three-year sentences, which despite the state secrecy imposed, indicates that Italian officials were complicit.
The verdict "sends a strong signal of the crimes committed by the CIA in Europe," said Joanne Mariner of Human Rights Watch. The crimes were "unacceptable and unjustified," said Mariner, who was in the courtroom for the verdict at the end of the nearly 3-year-long trial.
More coverage of the CIA rendition trial:
Prison Requested in CIA Rendition Case
Italian PM Can Testify In CIA Kidnap Case
Rendition Trial Puts U.S. On Hot Seat
Report: CIA Ran Secret Prisons In Europe
The Americans were accused of kidnapping Osama Moustafa Hassan Nasr, also known as Abu Omar, on Feb. 17, 2003, in Milan, then transferring him to U.S. bases in Italy and Germany. He was then moved to Egypt, where he says he was tortured. He was released after four years in prison without being charged.
The trial is the first by any government over the CIA's extraordinary rendition program, which transferred suspects overseas for interrogation. Human rights advocates charge that renditions were the CIA's way to outsource the torture of prisoners to countries where it is permitted.
The Milan proceedings have been a sore spot in relations between the United States and Italy. The CIA has declined to comment on the case, and Italy's government has denied involvement.
Among the Americans acquitted was Jeffrey Castelli, a former Rome CIA station chief, who prosecutors had alleged coordinated the abduction. The two other acquitted Americans were also assigned to the U.S. Embassy in the Italian capital and thus were covered by broad diplomatic immunity.
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Either we are a country of law and order, or we're no better than the Taliban.
We need to send a clear message to Washington. If Obama is going to behave like a coward, we should treat him like one.
You are just a typical ignorant bull*****ing Yank, aren't you? Why don't you keep your mouth shut until you have a clue.
These agents were told to conduct international crimes.
They accepted the mission knowing it was illegal.
And the U.S. harbors and protects them.
Who would not expect ramifications from such a display of indifference to law?
Only a moron, that's who.
Diplomacy? We don't need no stinkin Diplomacy.
They didn't hesitate to violate the rights of others, so they deserve nothing less than than to be treated accordingly. The fact that they were stupid enough to follow orders they knew violated the law does not make them somehow less guilty of the crimes they committed. Yes, their commanders should all rot behind bars, but that does not vindicate the actions of these lawless mutants.
An American stands for the rule of law and the right of the accused to be considered innocent until proven guilty.
An American stands for human rights and the humane treatment of even the most heinous criminal.
An American stands for our Constitution, and the just punishment of all those who would violate or subvert it.
As for those living on our soil who disavow these principals, I know not what they are, only that they are not American."
SearingTruth
A Future of the Brave
Thomas Paine, Dissertation on First Principles of Government, December 23, 1791
A Future of the Brave