Italian authorities issue arrest warrants for nine Italians and 26 Americans, including former CIA Milan substation chief Robert Seldon Lady, over the kidnapping of an Islamic extremist in Italy (see Noon February 17, 2003) [Washington Post, 12/6/2005; Associated Press, 1/26/2007; CNN, 2/16/2007] The kidnapped person, Hassan Mustafa Osama Nasr (a.k.a. Abu Omar), had previously informed for the CIA (see August 27, 1995 and Shortly After and Summer 2000), but was held hostage at two US airbases, Aviano in Italy and Ramstein in Germany, and then reportedly tortured in Egypt. This is the first time a foreign government files criminal charges against the CIA for an overseas counterterrorism mission. The Washington Post will comment, “Coming from a longtime ally, Italy, which has worked closely with the US government to fight terrorism and has sent troops to Iraq, the charges reflect growing unease in Europe about some US tactics against suspected Islamic terrorists.” The 13 are not in Italy to be arrested and many appear to have been using fake names. Court documents show they spent over $100,000 staying in luxury hotels in Milan, Florence, and Venice before and after the kidnapping. Nasr is released temporarily after being held for about a year, and Italian authorities monitor a call in which he says he has been tortured with electric shocks in Egypt. The operation is so badly planned and executed that former CIA bin Laden unit chief Michael Scheuer has difficultly believing the CIA could have done it, saying, “The agency might be sloppy, but not that sloppy.” [Washington Post, 6/24/2005]
April 12, 2006: Italian Government Declines to Seek Extradition of CIA Officers over Kidnapped Imam
The Italian government says it will not ask for the extradition of 22 CIA officers sought by Italian prosecutors in connection with the kidnapping of radical imam Hassan Mustafa Osama Nasr (a.k.a. Abu Omar, see Noon February 17, 2003 and June 23, 2005 and After). Approving such a request is “usually a formality” according to the Washington Post, but the decision is delayed for months and then finally made by Italian Justice Minister Roberto Castelli immediately after the government of Prime Minister Silvio Berlusconi loses elections, but before it is replaced by a new government. The New York Times comments, “As minister of justice under Prime Minister Silvio Berlusconi—one of the Bush administration’s most loyal supporters in Europe—Mr. Castelli’s refusal to move forward with the extradition comes as no surprise.” Prosecutor Armando Spataro says that the request will be resubmitted to the new Italian government, and the CIA officers may be tried in absentia. [Washington Post, 12/6/2005; New York Times, 4/12/2006] The request is resubmitted, but by the time the CIA officers are committed for trial in 2007, the new government will not have passed it on to the US (see February 11, 2007). [CNN, 2/16/2007]
January 26, 2007: CIA Chief’s Villa Seized over Kidnapped Imam Affair
Italian authorities investigating the kidnapping of radical imam Hassan Mustafa Osama Nasr (a.k.a. Abu Omar) seize half of a villa belonging to Robert Seldon Lady, a CIA substation chief involved in the abduction (see Noon February 17, 2003 and February 22-March 15, 2003). The half of the villa that belongs to Lady (the other half belongs to his wife) is to be held until the end of Lady’s trial for the kidnapping (see February 16, 2007). If Lady is convicted, it will be sold to pay for court costs and possibly damages. [Associated Press, 1/26/2007]
February 11, 2007: Kidnapped Imam Released in Egypt
Hassan Mustafa Osama Nasr (a.k.a. Abu Omar) is released in Egypt. He was kidnapped by the CIA in Milan, Italy, in 2003 and taken to Egypt, where he was imprisoned. This sparked a confrontation between the CIA and Italian anti-terrorist authorities, who had been investigating him before he was kidnapped (see Noon February 17, 2003). Nasr, who filed an action for unlawful detention against Egypt’s Interior Ministry, is released in Alexandria after a State Security Court declares his detention “unfounded.” Nasr will apparently remain in Egypt and not return to Italy, where a warrant for his arrest was issued on terrorism counts (see April 2005). [Associated Press, 2/12/2007]
February 16, 2007: 35 Committed for Trial in Italy over Kidnapped Imam Affair
An Italian judge rules that there is enough evidence to try thirty-five people in the affair of kidnapped imam Hassan Mustafa Osama Nasr (a.k.a. Abu Omar). Nasr was kidnapped by the CIA, with the knowledge of the Italian military intelligence service Servizio per le Informazioni e la Sicurezza Militare (SISMI), in Milan in 2003 (see Noon February 17, 2003). Nasr, a former CIA asset (see August 27, 1995 and Shortly After), was then taken to Egypt, where he says he was tortured (see April-May 2004). The 26 Americans that are indicted can be tried in absentia in Italy and include Robert Seldon Lady, former chief of the CIA’s substation in Milan, the former CIA station chief in Rome, and an officer from the US air base in Aviano, near Venice. The nine Italians include former SISMI head Nicolo Pollari, but three of them are only charged with complicity in the kidnapping, not the kidnapping itself. However, none of the Americans are in Italy at this time, and Italy has not asked for them to be extradited. [Associated Press, 1/26/2007; CNN, 2/16/2007]