By Jared Chausow
By Katie Toth
By Elizabeth Flock
By Albert Samaha
By Anna Merlan
By Jon Campbell
By Jon Campbell
By Albert Samaha
It's a serious breach of Italian law; it's absolutely illegal. Armando Spataro, deputy chief prosecutor, Milan, on another CIA kidnapping in Italy, The New York Times, June 26
Prime Minister Silvio Berlusconi is personally the closest ally of George W. Bush in the war on terrorism. On July 1, he publicly demanded, as The New York Times reported, that this country and implicitly its president "show 'full respect' for Italian sovereignty, after summoning the American ambassador and asking him to explain the reported abduction of a Muslim cleric by people associated with the CIA."
Already, Judge Chiara Nobili issued arrest warrants for the 13 CIA kidnappers whose identities had been solidly documented by Italian intelligence operatives. Those warrants, as reported too deep in the Times story, "will also be passed to Interpol, effectively requiring countries around the world to assist the Italian investigation."
The judge, moreover, has appointed public defenders to represent each of the CIA agents who planned and carried out the snatch.
Armando Spataro, Milan's deputy chief prosecutor, made a statement that someone in the White House should show the president, who purportedly does not read newspapers:
"I feel the international community must struggle against . . . international terrorist groups in accordance with international laws and the rights of the defendant. . . . Otherwise we are giving victory to the terrorists."
Unnamed "American officials," the Times reports, claim that "only a small number of Italian intelligence officials" were given a heads-up, but they admit that "Italian law enforcement agencies had not been informed."
But Premier Berlusconi's office says these American sources are lying: "No contacts, no conversations, no information sharing took place with regard to the Milan event, for which no authorization was ever requested or granted."
Carried out in a number of countries, these "extraordinary renditions"as the CIA calls its crimeshave been widely and often reported, including in this column. But Porter Goss, Donald Rumsfeld, Alberto Gonzales, and other consiglieri of the president deny that they could possibly take place because they are against international and U.S. law.
Accordingly, there is no more chance that these 13 CIA kidnappersand possible associates who are being investigated in Italywill be extradited and put on trial than of my being nominated for chief justice of the United States. (I hereby attest that if confirmed, I will eagerly serve.)
No CIA agentnor any of his Washington superiors at the agencyhas been criminally charged in this country for any of these renditions. Nor have our chief law enforcement officersformer attorney general John Ashcroft and his successor Alberto Gonzalesbeen required to enforce the laws these kidnappers have continually broken as they send chained terrorism suspects to countries they know will torture prisoners.
Omar Nasr, who was plucked from a Milan street by the 13 CIA hoods, was sent to his native Egypt where he was tortured. Briefly released after 14 months, he has disappeared into some Egyptian dark hole.
Here are the laws that have been shattered, as included in an April 28 report, "Renditions: Constraints Imposed by Laws on Torture," by the bipartisan, persistently objective independent Congressional Research Service:
In 1994, the U.S. signed the 1984 U.N. Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment. Therefore, this country is responsible for obeying this law that states "No State Party shall expel, return or extradite a person to another state where there are substantial grounds for believing he would be in danger of being subjected to torture."
As for the American law against torturing prisonersthat Attorney General Gonzales has ignoredin 1998, Congress passed the Foreign Affairs Reform and Restructuring Act to implement our responsibilities under this international convention against torture. Our law states plainly that the United States will not "expel, extradite or otherwise effect the involuntary return of any person to a country in which there are substantial grounds for believing the person would be in danger of being subjected to torture."
If held accountable by Congress, the CIA could claim, as it has in the past, that no one is "rendered" unless assurances are given that the host country will not engage in torture. As I've reported in previous columns, former CIA agents have said (not for attribution, of course) that those assurances are phony. So have rendered prisoners once they've been releasedwith evidence of those tortures. Said CIA director Porter Goss, "Of course, once they're out of our control, there's only so much we can do."
The ultimate American accountable for this brutal lawlessness is George W. Bush. It is inconceivable he can claim ignorance because, for example, the indignation of his buddy Premier Berlusconi could not have been kept from him. (He meets the prime minister from time to time.)