Extradition from the United States to Italy—CIA Agents

The long running, and often acerbic, controversy over whether Italy would formally request the extradition of 22 CIA agents accused of abducting a popular Milan-based Imam—Abu Omar—has ended. For now. Italy’s Minister of Justice has informed Milan prosecutors that he has decided not to forward their request to the United States.^[1] We’ve been following the case for months, and Minister Castelli has leveled ad hominem attacks against the prosecutors throughout the investigation, calling them “anti-American,”^[2] militants, and anti-Berlusconi.^[3]

Minister Castelli is a member of Silvio Berlusconi’s “center-right government,” and it isn’t clear at this time whether the request will be renewed after the new government takes power.^[4] Official results have Romano Prodi with a slim majority in both chambers of Italy’s parliament.^[5] Mr. Berlusconi, however, is challenging the results and is demanding a recount in images reminiscent of the United States in 2000.^[6] Mr. Prodi, for his part, notes that the fractured nature of Italian politics is not uncommon: “’Germany is split into two; France is split into more than two,’ he said, adding that the difference of votes between [President] George W. Bush and [Senator] John Kerry in the [2004] US elections was ‘even narrower than in Italy.’”^[7]

A new Italian government is not expected to form until late May,^[8] at which point, if Mr. Prodi maintains his declared victory, a new Justice Minister will be appointed. The Milan prosecutor who has requested the extradition, Armando Spataro, has thus far been unavailable for comment.^[9]

The decision, however, may not be completely political. There is some suggestion that Minister Castelli feels that the Milanese prosecutors do not have the “atti e documenti necssari”—the necessary actions and documents.^[10] On the other hand, Minister Castelli could simply be fed up with pressure from Milan, saying over a month ago “Basta pressioni!”^[11] “Le loro pressioni sono assolutamente indebite. Como loro sono pronti a difendere le loro prerogative e la loro indipendenza, anche il ministro deve difendere le sue. Quinidi, per favore, rispettino le decisioni che il governo prenderà.” In essence, Minister Castelli feels that Milanese pressure is too great, and while prosecutors have their duties, so does the Minister of Justice, and everyone should just respect his decision.^[12]

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[1] Italy Refuses to Send Extradition Request in Alleged CIA Kidnapping of Egypt Cleric, Associated Press, Apr. 12, 2006. (subscription only). See also, Castelli: no a mandato cattura agenti CIA, Il Corriere della Sera, Apr. 12, 2006.
[2] Id.
[3] Italian Questions Prosecutor’s Motives, Associated Press, Nov. 22, 2005. (no longer available online)
[4] Id.
[5] Berlusconi Demands Ballot Review, BBC News, Apr. 12, 2006.
[6] Id.
[7] Id.
[8] AP, supra note 1.
[9] Id.
[10] CdS, supra note 1; Estradizione degli agenti della CIA; Castelli: “Nulla da dire alla Procura”, La Rebubblica, Mar. 6, 2006.
[11] Id.
[12] Id.