2012年9月25日火曜日

伊最高裁 CIA要員実刑

伊最高裁は、CIA要員を実刑とした。
 伊最高裁は、北部ミラノで2003年にテロ容疑者のエジプト人を拉致、
エジプトに連行したとして誘拐罪に問われた米CIA要員ら米国人23人を
実刑とした下級審の判決を支持する判決を言い渡した。
量刑は禁錮7-9年。米中枢同時テロ後のCIAによるテロ容疑者の拉致・移送
事件で世界初の最高裁判決。

伊最高裁判決
・判決は被告不在。
・量刑
 22人の米国人に禁錮7年。
 Robert Seldon Ladyに禁錮9年。
 Nicolo Pollari(情報将校)とMarco Mancini(情報将校)に再出廷。
 情報将校らの妻にナスルへ5百万ポンドの支払命令。
 Nicolo Pollariは退職。
・米国内にいるとみられる被告らが刑に服する可能性は低いが、欧州に
 渡航した場合は逮捕される恐れがある。
 伊側が引き渡しを要求する可能性もある。

伊検察
・米CIA情報部員が2人の伊情報将校の助けを借りて 彼を拉致。
・Aviano Air Force→独NATO Base→エジプトカイロへ移送。

Hassan Mustafa Osama Nasr
・イスラム教のモスク指導者。
・2003年2月、ミラノの路上でCIA要員らに拉致され、エジプトに移送。
 4年間のエジプトの生活で7ヶ月間拷問を受けたと主張。

Mark Zaid
・容疑者弁護団の一人
・最高裁の判決は、外交特権制度に損害を与える。
・世界中の外交官は、より大きな危険に、自身が考慮する必要がある。

CIAのブラックサイトと言われる施設での拷問が報道で明らかになり、
米国外だから法令順守のはずだった。
伊最高裁は、拷問前の拉致の段階で米CIA要員(外交官?)を有罪判決。
米国容疑者の弁護士は、CIA要員を外交官と主張しており、結果、外交
官が犯罪を犯したことになる。違法薬剤の輸入や諜報活動で国外追放と
なる外交官を報道で見ることがあるが、拉致では報道を見た記憶がない。
パキスタンでCIA要員が逮捕された事件があったが、似たようなことを
していたのだろうか。

米パの暴露報復
CIA Black Site
CIA リビア反体制勢力へ支援
パキスタン 米外交官を裁判へ
Shakil Afridi for Free
国家安全省次官の秘書 情報漏洩で逮捕か
リビア 反イスラム教動画で米大使死亡
SC Pakistan Foreign Staff Out


---モスク指導者を拷問? CIA要員ら米国人23人の実刑支持 伊最高裁---
2012.9.20 14:26
http://sankei.jp.msn.com/world/news/120920/erp12092014270004-n1.htm

 イタリアの最高裁は19日、北部ミラノで2003年にテロ容疑者のエジプト人を拉致、エジプトに連行したとして誘拐罪に問われた米中央情報局(CIA)要員ら米国人23人を実刑とした下級審の判決を支持する判決を言い渡した。量刑は禁錮7~9年。米中枢同時テロ後のCIAによるテロ容疑者の拉致・移送事件で世界初の最高裁判決。
 判決は被告不在のまま言い渡された。米国内にいるとみられる被告らが刑に服する可能性は低いが、欧州に渡航した場合は逮捕される恐れがある。イタリア側が引き渡しを要求する可能性もある。
 イスラム教のモスク(礼拝所)指導者を務めていたウサマ・ムスタファ・ナスル師は03年2月、ミラノの路上でCIA要員らに拉致され、エジプトに移送された。同師はエジプトで拷問を受けたと主張している。(共同)


---伊最高裁、CIA要員ら実刑支持 テロ戦で世界初の判決---
2012年9月20日 09時57分
http://www.tv-links.eu/schedule.html?date=9/19/2012

 【ミラノ共同】イタリアの最高裁は19日、北部ミラノで2003年にテロ容疑者のエジプト人を拉致、エジプトに連行したとして誘拐罪に問われた米中央情報局(CIA)要員ら米国人23人を実刑とした下級審の判決を支持する判決を言い渡した。量刑は禁錮7~9年。米中枢同時テロ後のCIAによるテロ容疑者の拉致・移送事件で世界初の最高裁判決。
 判決は被告不在のまま言い渡された。米国内にいるとみられる被告らが刑に服する可能性は低いが、欧州に渡航した場合は逮捕される恐れがある。イタリア側が引き渡しを要求する可能性もある。


---Italy upholds rendition convictions for 23 Americans---
Andrea Vogt and agencies Rome
The Guardian, Thursday 20 September 2012   
http://www.guardian.co.uk/world/2012/sep/20/italy-rendition-convictions-americans

Ruling is world's first judicial review of CIA practice of abducting terror suspects and transferring them to third countries

Italy's highest criminal court on Wednesday upheld the convictions of 23 Americans found guilty of kidnapping a Muslim cleric from a Milanese street and transferring him to a country where torture was permitted. The court of cassation's ruling is the final appeal in the world's first judicial review of the CIA practice of abducting terror suspects and transferring them to third countries, a practice also known as extraordinary rendition.

The 23 Americans were all convicted in absentia following a trial that lasted over three years. The verdict paves the way for the Italian government to seek redress and could put the Americans at risk of arrest if they travel to Europe.

"It went badly. It went very badly," lawyer Alessia Sorgato told the Associated Press. "Now they will ask for extradition."

Osama Moustafa Hassan Nasr, also known as Abu Omar, was kidnapped while walking to noon prayers at a Milan mosque on 17 February 2003. He had been under investigation in Italy for allegedly recruiting jihadi fighters. Prosecutors claimed CIA operatives snatched him with the help of two Italian intelligence officers, drove him to Aviano Air Force base, and then flew him to a Nato base in Germany en route to Cairo, Egypt. When Nasr emerged from an Egyptian prison four years later, he claimed he had been tortured.

Among those whose conviction was upheld Wednesday was US Air Force Colonel Joseph Romano, who was in charge of Aviano AF base security. His lawyers said they intend to appeal to the EU human rights court in Strasbourg.

The court confirmed the seven-year sentences for 22 Americans (all but one of whom prosecutors identified as CIA agents, who are likely now in the US) and a 9-year sentence for former Milan station chief Robert Seldon Lady. The two Italian accomplices, former SISMI military intelligence officers Nicolo Pollari and Marco Mancini, were ordered to be retried in the Milan court of appeals. They had previously been acquitted on appeal citing a state-secrecy injunction.

The court also ordered L1m in damages to be paid to Nasr and L500,000 to his wife. The justice ministry plans to request extraditions, Ansa news agency reported

The Milan anti-terrorism magistrate who guided the prosecution, Armando Spataro, lauded the decision, telling the Associated Press it was the equivalent of finding extraordinary rendition "incompatible with democracy".

Successive Italian governments denied all knowledge of the case and consistently ruled out extradition,and the judges appeared intent on holding US authorities accountable.

Some agents decried being made into international fugitives for following orders from more senior CIA and state department officials in Washington, who called for the extradition while an anti-terror investigation in Italy was underway. Mark Zaid, a US lawyer representing one of the prosecuted women, said the court ruling damages the integrity of the system of diplomatic immunity.

"Diplomats around the world should consider themselves at greater risk today," Zaid said.


---Italy upholds verdict on CIA agents in rendition case---
19 September 2012 Last updated at 17:45 GMT
http://www.bbc.co.uk/news/world-europe-19653566

Italy's highest appeals court has upheld guilty verdicts on 23 Americans, all but one of them CIA agents, accused of kidnapping a terror suspect.

Their case related to the abduction of an Egyptian cleric in Milan in 2003.

The man, known as Abu Omar, was allegedly flown to Egypt and tortured.

The Americans were tried in absentia, in the first trial involving extraordinary rendition, the CIA's practice of transferring suspects to countries where torture is permitted.

The practice has been condemned by human rights groups as a violation of international agreements.

The group of Americans - 22 of whom were CIA agents and one an Air Force pilot - are believed to be living in the US and are unlikely to serve their sentences.

Italy has never requested their extradition but they will be unable to travel to Europe without risking arrest.

The group include the former station chief of CIA operations in Milan, Robert Seldon Lady.

At the time, he said that his opposition to the proposal to kidnap the imam was overruled.

The court upheld the sentences of the lower court which had sentenced all of them to seven years in prison, apart from Seldon Lady, who was given a nine-year sentence.

The Court of Cassation also ruled that five senior Italian secret service agents - including the former head of the country's military intelligence agency - should be tried for their role in the kidnapping.

Nicolo Pollari resigned over the affair in which Hassan Mustafa Osama Nasr, an Egyptian imam also known as Abu Omar, was snatched from a Milan street.

Abu Omar says he was tortured for seven months in Egypt.


---High Court in Italy Backs Convictions for Rendition---
By ELISABETTA POVOLEDO
Published: September 19, 2012
http://www.nytimes.com/2012/09/20/world/europe/rendition-convictions-of-23-americans-upheld-in-italy.html

ROME - Italy’s supreme court on Wednesday upheld the convictions of 23 Americans in the 2003 abduction of an Egyptian cleric in Milan, making it the first case to successfully challenge the contentious American program of extraordinary rendition.

 The ruling opened the way for the extradition of the defendants, who were tried in absentia. But legal experts said it was unlikely the Italian government would initiate proceedings any time soon.

The high court, the Court of Cassation, confirmed sentences of seven years for 22 employees of the C.I.A. and an Air Force colonel at a United States base in Italy, and nine years for the C.I.A. station chief in Milan, Robert Seldon Lady.

“The ruling is important because it confirms the reconstruction of the facts,” said Armando Spataro, a top prosecutor in Milan. “It confirms that what happened was incompatible with democracy.”

A spokesman for the C.I.A. declined to comment.

The court, which rules on questions of law, returned the cases against five Italian secret service agents, including the former head of Italy’s military intelligence agency, to trial. The Italian officers were acquitted in two lower courts, which had ruled the evidence against them to be state secrets and thus inadmissible. They will now be tried in a Milanese appellate court.

The case made headlines as the first in the world to scrutinize - and legally condemn - the American practice of rendition, in which suspected Islamic militants were abducted in one country and transferred to another, often one where torture was permitted. The program, begun amid the heightened fears after Sept. 11, has since been ended.

Osama Moustafa Hassan Nasr, also known as Abu Omar, was abducted on Feb. 17, 2003, as he was walking to his mosque. Prosecutors said he had been taken to an American air base in Italy and flown to Germany and then on to Egypt, where Mr. Nasr says he was tortured. He has since been released.

The Americans were convicted in 2009, and an appellate court upheld the verdicts in 2010.

A lawyer for two of the American defendants, Alessia Sorgato, said she was surprised by Wednesday’s ruling. She had argued that her clients had not been properly notified of the charges against them, because prosecutors had sought to serve them papers in Italy and not in the United States. “This verdict is really disappointing,” Ms. Sorgato said. “This is it; I can’t do anything else.”

Cesare Bulgheroni, the lawyer representing the Air Force colonel, Joseph L. Romano, said his client would challenge the ruling before the European Court of Human Rights. “We plan to go forward,” he said.

Mr. Spataro said the next step would be to see whether the Italian government would ask for the extradition of the Americans. “Until now, five consecutive justice ministers have ignored us,” he said in a telephone interview, referring to previous Italian governments that did not act on prosecution requests to extradite the American defendants. “Let’s see what this minister says.”

A ministry spokeswoman said the justice minister, Paola Severino, would decide on extradition if and when she received a request from the Milanese general prosecutors’ office. “Once that arrives, the minister will make a decision, according to what is prescribed by the law,” the spokeswoman said.

Eric Schmitt contributed reporting from Washington.

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