Extradition to Italy—CIA Kidnapping

An Italian prosecutor in Milan has reportedly sent a request for the extradition of 22 CIA operatives to Italy’ Justice Ministry.^[1] Italian Justice Minister Roberto Castelli will make the final determination whether the request will be forwarded to the United States, and it is not yet known whether he will do so.^[2]

The CIA agents are wanted in Italy for the alleged kidnapping of popular Imam Osama Moustafa Hassan Nasr, who is perhaps better known as Abu Omar.^[3] Mr. Omar was allegedly abducted by the CIA on a Milan street on February 17, 2003, before being flown to Egypt where he was reportedly tortured.^[4] This “extraordinary rendition” outraged Italy, and Milan Prosecutor Armando Spataro issued arrest warrants for the 22 CIA officers who allegedly took part in the kidnapping.^[5]

According to the Italian newspaper Corriere della Sera, a photo of Abu Omar walking on the street near where he was kidnapped has been found on the computer of Robert Seldon Lady, one of the agents who led the alleged kidnapping, even though it had originally been deleted.^[6]

Any extradition request made by Italy will likely encounter the same difficulties that Spanish authorities are experiencing with their request for three American soldiers in relation to their alleged murder of a Spanish journalist. The facts of that case have been discussed here.

Under the extradition treaty between the US and Italy, the baseline alleged crime is an extraditable offense because kidnapping is a crime in both countries for which the punishment is “deprivation of liberty for a period of more than one year.”^[7] However, extradition will not be granted if the offense is purely political,^[8] or “for offenses under criminal law which are not offenses under ordinary criminal law.”^[9] These exceptions do not seem to apply in this case. Kidnapping an Imam is not really a political offense, and the Italians do not seem to be requesting the extradition for a military offense.

However, the US is extremely reticent to extradite intelligence assets for the simple reason that national security is at stake.

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[1] Victor L. Simpson, Italians Seek Extradition of CIA Agents, Associated Press, Nov. 11, 2005, available here.
[2] Id. See also, Paolo Biondani et al., Foto della CIA Svela il Sequestro dell’Imam, Corriere della Sera, Nov. 11, 2005, available here.
[3] Simpson, supra note 1.
[4] Id.
[5] Id. See also our post on the CIA’s “black sites” here.
[6] Biodani, supra note 2.
[7] Extradition Treaty, Oct. 13, 1983, U.S.-Italy, art. II, para. 1, S. Treaty Doc. No. 98-20 (1984).
[8] Id. art. V, para. 1.
[9] Id. art. V, para. 3.