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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