A/HRC/22/52 gradually emerged over the past decade. This process of seeking the truth has gathered momentum in the past three years. Independent investigations have reliably established the complicity, to a greater or lesser degree, of the public officials of a large number of States in the CIA rendition programme.17 There is now credible evidence to show that CIA “black sites” were located on the territory of Lithuania, Morocco, Poland, Romania and Thailand 18 and that the officials of at least 49 other States allowed their airspace or airports to be used for rendition flights.19 20. Despite the emergence of these facts, only one State has so far brought any public official to justice. On 4 November 2009 the Milan Criminal Tribunal convicted 22 CIA agents in absentia, including the Milan station chief, for their role in the abduction of Hassan Mustafa Osama Nasr, a dual Egyptian-Italian national in Milan on 17 February 2003, and his rendition to Cairo, where he was detained for 14 months and repeatedly 20 tortured. The CIA officials were sentenced to terms of imprisonment of between five, seven and nine years. Claims by the Italian Government to withhold relevant evidence were 21 eventually rejected, and on 1 February 2013 convictions were returned in respect of the Italian agents involved in the abduction, including the former Director of the Italian 22 Military Intelligence Service, SISMI, who was sentenced to 10 years imprisonment. 21. The prosecutions brought in the case of Hassan Mustafa Osama Nasr are a straightforward application of the relevant principles of international law that are binding on every Member State of the United Nations. It is therefore a matter of obvious regret that this remains the only instance in which the perpetrators of these crimes have been brought to justice. 16 17 18 19 20 21 22 detentions and unlawful inter-state transfers of detainees involving Council of Europe Member States, Doc. 11302 rev., 11 June 2007, Rapporteur Dick Marty; Report to the Lithuanian Government on the visit carried out by the European Committee for the Prevention of Torture in June 2010, CPT/Inf (2001) 17; EP Directorate-General for Internal Policies, The Results of Inquiries into the CIA's Programme of Extraordinary Rendition and Secret Prisons in European States in light of the New Legal Framework following the Lisbon Treaty, May 2012, PE 462.456; EP Committee on Foreign Affairs, Opinion on the Alleged Transportation and Illegal Detention of Prisoners in European Countries by the CIA, 6 July 2012, Rapporteur Sarah Ludford, AD/908016EN.doc; CoE, Abuse of state secrecy and national security: obstacles to parliamentary and judicial scrutiny of human rights violations, 7 September 2011, para 15 (“Marty III”); EP Report on the alleged transportation and illegal detention of prisoners in European countries by the CIA, D\908016EN.doc, Rapporteur Helene Flautre, (“Flautre Report”) at para. 3.2. The Special Rapporteur commends the dedicated investigative work carried out by Reprieve, the Open Society Justice Initiative, Amnesty International, Human Rights Watch, the Helsinki Foundation, the International Commission of Jurists, the Association for the Prevention of Torture (APT) and the Redress Trust, amongst others. As at the date of the present report, the most comprehensive, accurate and up-to-date review of the reliable public source material available is the Globalizing Torture report published by the Open Society Justice initiative on 5 February 2012. Globalizing Torture, op. cit., footnote 5, pp. 16, 90–92, 97–98, 99–102, 103–106 and 111–112. Globalizing Torture, op. cit., footnote 5. Tribunale di Milano, proc. num. 3553/2007, Sentenza n. 12428, 4 novembre 2009, / Tribunal of Milan, case n. 3553/2007, Judgement n. 12428, 4 November 2009. Corte di Cassazione, Sentenza n. 46340, 19 Settembre 2012 - deposito del 29 November 2012, Supreme Court. Judgment n. 46340, 19 September 2012 - submitted on 29 November 2012, pp. 124 ff. See http://www.reuters.com/article/2013/02/12/us-italy-rendition-verdictidUSBRE91B0OS20130212. 7