Update- CIA Kidnapping of Terrorist

Osama Moustafa Hassan Nasr, Egyptian cleric and terrorist suspect also known as Abu Omar, was granted political asylum in Italy. Omar, who was under suspicion of involvement in international terrorism at the time of his disappearance, was allegedly kidnapped in 2003 by CIA operatives and flown to Egypt.^[1]

Prosecutors have entered into evidence a handwritten letter from Omar describing his abduction and torture in prison.^[2] Omar was allegedly smuggled out of that prison and is currently being held in a police station in Alexandria, Egypt.^[3]

The Italian prosecutors previously reviewed whether or not to request extradition of the CIA agents, which we previously discussed here.^[4] Prosecutors may also indict five Italian secret service officials in the extraordinary rendition case, in which terror suspects are transferred the third world countries.^[5] Prosecutors say the operation was a breach of Italian sovereignty that interfered with their anti-terrorism efforts.^[6] The CIA has refused to comment.^[7]

One of the indicted Americans, Robert Seldon Lady, a former CIA station chief previously argued that he had diplomatic immunity which we wrote about in an update to the case.^[8] Mr. Seldon Lady’s lawyer, Daria Pesce, withdrew from the case shortly after hearings on Tuesday on whether to indict him and 25 other Americans.^[9] Pesce stated that “Seldon Lady says this case should have a political solution not a judicial solution.” ^[10] Seldon Lady was the only American who hired a lawyer; the Italian court has already appointed a new lawyer for him.^[11]

Nicolo Pollari, the former head of the military intelligence is also a suspect.^[12] His defense lawyers say they will try to call as witnesses Italy’s former prime minister, Silvio Berlusconi, current prime minister Romano Prodi, as well as their defense ministers, a request that will probably strain U.S.-Italian relations.^[13]

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[1] Collen Barry, Associated Press, Italian Lawyer in CIA Case Withdraws, January 9, 2007.
[2] Id.
[3] Id.
[4] Id.
[5] Id.
[6] Id.
[7] Id.
[8] Id.
[9] Id.
[10] Id.
[11] Id.
[12] Id.
[13]Id.