A/HRC/13/42*
page 84
is currently suing the Government of Australia, arguing that it was complicit in his
kidnapping and subsequent transfer to Egypt. In its submission for the present study, the
Government denies that any Australian officer, servant and/or agent was involved in
any dealings with or mistreatment of Mr. Habib, and refers to ongoing litigation;
(c)
When a State has actively participated in the arrest and/or transfer of a person when
it knew, or ought to have known, that the person would disappear in a secret detention facility or
otherwise be detained outside the legally regulated detention system. This includes at least the
following States:
• Italy, for its role in the abduction and rendition of Hassan Mustafa Osama Nasr (also
known as Abu Omar), an Egyptian kidnapped by CIA agents on a street in Milan in
broad daylight on 17 February 2003. He was transferred from Milan to the NATO
military base at Aviano by car, and then flown, via the NATO military base of Ramstein
in Germany, to Egypt,323 where he was held for four years (including 14 months in
secret detention) before being released. The European Parliament considered it “very
likely, in view of the involvement of its secret services, that the Italian Government of
the day was aware of the extraordinary rendition of Abu Omar from within its
territory.”324 Prosecutors opened an investigation and charged 26 United States citizens
(mostly CIA agents) with abduction, as well as members of the Italian military secret
services (SISMI) with complicity in the abduction, among them the head of SISMI.325
The Italian Ministry of Justice, however, refused to forward the judiciary’s requests for
extradition of the CIA agents to the Government of the United States; as a result, the
United States citizens were tried in absentia. On 4 November 2009, the court found 23
of them guilty. The court also convicted two SISMI agents and sentenced them to three
years imprisonment for their involvement in the abduction.326 The then commander of
SISMI and his deputy, however, were not convicted, the court having dismissed the
cases against them on the grounds that the relevant evidence was covered by State
secret.327 In its submission for the present study, the Government of Italy notes that the
case is continuing at the appeal level, which prevents it from drawing any conclusions
prior to a definitive verdict
323
European Parliament Committee report, para. 50.
324
Ibid., para. 53.
325
Reply of the Government of Italy to the joint request for relevant information by the four
experts (see annex I).
326
327
Milan Criminal Court, judgement of 4 November 2009 (on record with the experts).
The executive branch of the Government of Italy successfully raised the issue of State secret
before the Constitutional Court; see the reply of the Government of Italy to the joint request for
relevant information by the four experts (annex I).
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