A/HRC/19/58
marshal was also suspended from his service within Carabinieri Corps, in accordance with
the internal disciplinary proceeding.
349. The Government reported that it filed a complaint before the Constitutional Court on
14 March 2007, alleging a conflict of competence between the Government and the judicial
authorities in Milan, due to the use by the latter of evidence obtained by violating the State
secrecy law. Following a decision by the Constitutional Court issued in April 2009 that
partially granted the request from the Government, the judicial authorities in Milan resumed
the trial.
350. On 4 November 2009, the Tribunal in Milan released a verdict, by which almost all the
defendants were convicted, save the charges of abduction brought against Mr. Niccolò
Pollari, the former Director of the SISMI at the time, Mr. Marco Mancini, a former SISMI
officer, and three Italian officers. Three members of the CIA were deemed protected by the
Tribunal. Nevertheless, the Government indicated that the Tribunal decided that a
compensation amounting to one million Euros and 500,000.00 Euros should be paid
respectively to Mr. Nasr Osama Mustafa Hassan and his wife.
351. The Court of Assise of Appeal later confirmed the conviction of 25 individuals
including 22 CIA agents, on 15 December 2010.
352. The Government recalled that according to articles 24 -25 -27 – 101 - 111 and 112 of
the Constitution, the presumption of innocence remains until a definitive verdict is issued
by the Court of Cassation, at the conclusion of a fair trial. Such approach is strictly linked
to the enforcement of the so-called ―principle of the double level of adjudication‖
characterised by three possible levels of trial, the last of which is before the Court of
Cassation.
353. The Government therefore indicated that as long as the proceedings before the Milan
Court continue, it cannot draw any conclusions, prior to a definitive verdict by the Court
and reiterated its commitment to provide updates and clarifications on the case.
Information from the Government
354. On 28 September 2011, the Government transmitted one communication to the
Working Group, replying to the general allegation transmitted on 15 May 2009.
Japan
Number of
outstanding
cases at the
beginning of the
period under
review
Cases transmitted to the
Government during the period
under review: 0
Cases sent under
the urgent action
procedure
Cases sent
under the
standard
procedure
Government
Non-governmental
sources
Number of
outstanding cases
at the end of the
year under review
0
0
0
0
4
4
Number of cases on which the
Government has replied
0
Cases clarified during the period
under review: 0
Multiple replies on some cases
Number of cases of possible clarification
by Government (6-month rule)
N/A
0
77
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