"I worked in intelligence for 25 years and almost no activity I did in those 25 years was legal in the country where it happened....When you work in intelligence, you do things in the country in which you work that are not legal. It's a life of illegality ... But state institutions in the whole world have professionals in my sector, and it's up to us to do our duty."1 Robert Seldon Lady, convicted to eight years imprisonment.

In the midst of silence, lengthy delays and impunity, finally, some of those who have been directly involved and complicit in rendition and torture have been brought to account for their actions. Abu Omar was abducted by CIA agents off the streets of Milan on 17th February, 2003 whilst on his way to a local mosque2. Abu Omar was then allegedly transferred to Egypt to be tortured by Egypt’s State Security Intelligence, and held illegally for years without charge or trial. He was finally released in 2007.

Former Milan CIA station chief, Robert Seldon Lady, was one of the agents sentenced3. He has been quoted as saying; "I'm not guilty. I'm only responsible for carrying out orders that I received from my superiors."4 Lady was sentenced to eight years in prison. Twenty two other American agents were sentenced to five years. One of them, was a US State Department Official Sabrina De Sousa, who had filed a motion to dismiss based on Diplomatic immunity5. Three others were successful in the diplomatic immunity application and they were subsequently acquitted. Italian operatives who were complicit in the rendition were also acquitted due to Italy withholding evidence under secrecy laws.

The US Department of Justice fought hard to have the case dismissed, and a spokesperson has commented that the US is “disappointed by the verdicts.”6 The US citizens were tried in absentia and have not been taken into custody. However, the enforceability of the convictions remains in doubt, as under Italian law, sentences cannot be served until all appeals are exhausted. Julia Hall from Amnesty International commented, "The Bush administration erected a wall of silence, refusing to acknowledge the Abu Omar case or the role its own intelligence agents played in it...It is time for the Obama administration to right that wrong. The US government should not offer safe haven to any person suspected of involvement in enforced disappearance or torture." Also of concern to Amnesty International, is the fact that those convicted were charged only with their involvement in Abu Omar's abduction, not for his illegal enforced disappearance or any offense related to the torture, cruel, inhuman and degrading treatment he endured.

President Obama continues the Rendition program to this day.

Read more about Amnesty's response to the convictions here

References

  1. Phil Stewart, 30th June, 2009, “US Spy Says Just Followed Orders in Italy Kidnap.”

  2. See Amnesty international http://www.amnesty.org.au/news/comments/306/

  3. Jurist Legal News http://jurist.law.pitt.edu/paperchase/2009/11/italy-judge-convicts-23-former-cia.php

  4. Phil Stewart, 30th June, 2009, “US Spy Says Just Followed Orders in Italy Kidnap.”

  5. Jurist Legal News http://jurist.law.pitt.edu/paperchase/2009/11/italy-judge-convicts-23-former-cia.php

  6. See statement by Department Spokesperson Ian Kelly at http://www.state.gov/video/?videoid=48231030001