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In another important decision on European participation in the US war on terrorism, the European Court of Human Rights (ECtHR) issued a judgment late last month against Italy for its role in the extraordinary rendition of Egyptian cleric Osama Mustafa Hassan Nasr, better known as Abu Omar. (An English-language summary of ruling is here; the full decision, presently available only in French, is here.) The ruling not only represents a further contribution to the Strasbourg Court’s growing accountability jurisprudence, but also highlights the United States’ own failure to provide any redress to victims of the torture program that it primarily created and operated. The ECtHR’s decision in Nasr v. Italy concerns one of the most notorious instances of extraordinary rendition (i.e., the extrajudicial transfer of an individual to another country for purposes of abusive interrogation). In 2003, Nasr, who had been granted political asylum in Italy, was abducted in broad daylight from a street in Milan and taken to Aviano air base, which is operated by the US Air Force. Nasr was subsequently taken, by way of the US’s Ramstein air base in Germany, to Cairo where he was interrogated by Egyptian intelligence services. Egyptian authorities held Nasr in secret for more than a year and subjected him to repeated torture before releasing him in April 2004. Approximately 20 days after his release — and after submitting a statement to Milan’s public prosecutor describing his abuse — Nasr was rearrested and detained without charges. He was released in 2007, but prohibited from leaving Egypt.

The ECtHR ruling centers on Italy’s role in Nasr’s abduction in Milan, his rendition to Egypt where he faced a real risk of abuse, and its subsequent failure to conduct an effective domestic investigation or to provide any redress. The ECtHR found Italy liable for multiple violations of the European Convention on Human Rights (ECHR), including article 3 (the prohibition on inhuman or degrading treatment), article 5 (the right to liberty and security), and article 13 (the right to an adequate remedy). It ordered Italy to pay €70,000 to Nasr and €15,000 to his wife, Nabila Ghali, for the suffering and anguish caused by her husband’s enforced disappearance. The Milan public prosecutor had previously investigated and prosecuted 25 CIA officers, including the agency’s Milan station chief, Robert Seldon Lady, and seven Italian military intelligence officers, for aiding and abetting in Nasr’s abduction and rendition. The United States strenuously opposed the prosecution, warning that it would harm US-Italian relations, and the Italian government successfully challenged much of the evidence on the grounds it could jeopardize national security. The trial court convicted 22 CIA agents in absentia and gave them prison sentences of between six to nine years; a Milan appeals court upheld the convictions and overturned the acquittals of the other three US defendants. Italy’s highest court, however, overturned the conviction of five of the Italian military intelligence agents based on state secrecy grounds. The Italian government has refused to seek the extradition of the convicted US nationals. (For more details, Human Rights Watch has an excellent summary of the proceedings in Italy here.)

The ECtHR’s ruling in Nasr strengthens accountability by reinforcing state responsibility for participation in abuses committed during the war on terrorism. It builds on the Strasbourg Court’s prior decisions in El-Masri v. Macedonia and Al-Nashiri v. Poland/Husayn (Abu Zubaydah) v. Poland, which held Macedonia and Poland, respectively, liable for their role in CIA torture and rendition, including (in the case of Poland) for hosting a CIA black site. Nasr, together with El-Masri and al-Nashiri/Husayn, should help discourage a state’s future participation in cross-border counterterrorism operations conducted in flagrant violation of human rights guarantees. While the deterrent value of legal judgments may be uncertain, the recent line of Strasbourg Court decisions raises the costs of aiding and abetting illegal operations, even in the national security context.

A former CIA counterterrorism officer who has spent nearly a decade trying to clear her name over her alleged role in the infamous rendition of a terrorism suspect was detained in Portugal this week after trying to leave the country.Sabrina De Sousa, 59, was en route to see her mother in India on Monday when she was stopped by law enforcement authorities at Lisbon Portela Airport on an outstanding European arrest warrant issued in Italy. Days before she was detained, VICE News had been with De Sousa in Lisbon filming a documentary about her ordeal and the rendition case. De Sousa's husband informed VICE News of her arrest, which we independently confirmed through diplomatic and law enforcement sources in Portugal, who declined to discuss the case on the record.De Sousa told VICE News Thursday that she was detained overnight at the main police headquarters in Lisbon. A hearing was held before a Portuguese prosecutor and a judge at the Tribunal da Relação de Lisboa Tuesday to determine whether she should remain in custody. De Sousa, a dual US and Portuguese citizen, said she was advised by her attorneys not to discuss details of the hearing, but that the judge freed her and seized her US and Portuguese passports while a decision is made about whether she should be extradited to Italy, which is expected in about 10 days. 

In a landmark 2009 ruling, De Sousa and nearly two-dozen other CIA officers were convicted in absentia in Italy on kidnapping and other charges in connection with the February 2003 abduction of Osama Mustapha Hassan Nasr, better known as Abu Omar, a radical cleric whose fiery anti-American speeches in the immediate aftermath of 9/11 attracted the attention of the CIA.

After Abu Omar disappeared, an investigation spearheaded by a Milan prosecutor revealed that he was taken off a Milan street in broad daylight by CIA and Italian intelligence officers and rendered to Egypt, where the cleric says he was brutally tortured during interrogations about his alleged plans for recruiting jihadists to fight against Americans.It was the first prosecution and conviction involving American intelligence officers connected to the CIA's highly controversial rendition, detention, and interrogation program. De Sousa was sentenced in absentia to a five-year prison term in Italy.But De Sousa, who had been operating under diplomatic cover at the US Consulate in Milan at the time the rendition was carried out — she was officially listed as a State Department employee — has for years maintained her innocence. On the day the operation took place, she said she was on a ski trip with her son. She acknowledged that she served as a translator for the CIA snatch team and Italian intelligence that planned the abduction, but she said she was "cut out" of the operation long before it took place.

LISBON: A former CIA operative convicted of kidnapping an Egyptian cleric in Milan as part of the U.S. extraordinary renditions program is fighting against being sent to Italy to serve the six-year sentence she received in absentia there, a Portuguese court official said Friday.Sabrina De Sousa, who has both U.S. and Portuguese citizenship, was arrested at Lisbon's international airport Monday on a European arrest warrant issued by Italy.She told a judge on Tuesday she wants to stay in Portugal, where she has been living recently, Luis Vaz das Neves, president of the Lisbon court handling her case, told The Associated Press on Friday.De Sousa also "expressed a wish to serve her sentence, if she has to serve it, here in Portugal," he said.De Sousa was among 26 Americans, mostly CIA agents, convicted in absentia in the kidnapping of Milan cleric Osama Moustafa Hassan Nasr, known as Abu Omar, from a Milan street on Feb. 17, 2003.De Sousa claims she was never notified of the Italian court decision, according to Vaz das Neves.

De Sousa handed both her passports over to the Lisbon court, which gave her 10 days to provide written arguments against her extradition. In the meantime, she must report weekly to a police station.The court believed she was not a flight risk, Vaz das Neves said, since she had a return plane ticket to Lisbon, is a Portuguese citizen and says she wants to settle here.De Sousa, who operated for the CIA under diplomatic cover, was initially acquitted due to diplomatic immunity but was found guilty by Italy's highest court in 2014.The Indian-born De Sousa came out against the U.S. decision not to allow the American defendants to get their own lawyers near the end of the first trial, eventually winning permission to have her own counsel. De Sousa said she was concerned about losing her freedom to visit family in India.

Vaz das Neves said De Sousa was trying to fly to Goa, a one-time Portuguese territory in India, to see her 89-year-old mother when she was arrested. She was due back in Portugal on Oct. 27.Asked why De Sousa was not caught earlier, Vaz das Neves said Portuguese authorities were aware of the warrant but police had no record of her residing here.De Sousa's lawyer in Lisbon said neither he nor his client would give interviews until the extradition case was resolved.But De Sousa acknowledged in published comments that she had endangered her freedom by trying to travel across a border."I knew I was taking a risk, but at some point I want to live (in Portugal) as a free citizen, and this needs to be resolved," De Sousa told Vice News in an article Thursday.After De Sousa presents her arguments, the court has 10 days to respond. The Portuguese Constitution prohibits the extradition of nationals, but Vaz das Neves said the court will also have to take European Union laws into account.

An Italian appeals court on Friday sentenced a former CIA station chief to seven years in jail for the kidnap of an Egyptian Muslim cleric during the U.S. government's "war on terror" waged by former president George W. Bush. The Milan court also handed down two six-year sentences to two American officials for the same crime, the first of so-called "extraordinary rendition" operations organized by the United States. The cleric, an Egyptian imam known as Abu Omar, was snatched from a Milan street and flown to Egypt for interrogation, where he says he was tortured for seven months. He was resident in Italy at the time of the abduction.

Former Rome CIA station chief Jeffrey Castelli and the two other defendants were tried in their absence and are unlikely to serve their sentences, but they may be unable to travel to Europe without risking arrest. The judgment overturned a previous ruling by a lower court, which aqcuitted the three on grounds of diplomatic immunity. Castelli was among 26 U.S. nationals indicted by Italian authorities for their involvement in the 2003 kidnap. Last September Italy's highest court upheld guilty verdicts on 22 CIA agents and one Air Force pilot for the kidnapping.

Sabrina de Sousa, a former agent for the US Central Intelligence Agency detained in Portugal on Monday pending extradition to Italy, was on Wednesday freed at the order of Lisbon's appeal court, after Italy's president issued a pardon reducing her prison sentence there by one year, her lawyer told Lusa.

An order from the Lisbon court stated that de Sousa should be "freed immediately", at the request of the Italian authorities.   The former spy was to have been extradited on Wednesday to Italy, where she was in 2009 sentenced in absentia to four years in prison for her involvement in the 2003 kidnapping in Milan of Abu Omar, an Egyptian national and radical Islamist. However, Italy's president, Sergio Mattarella, on Tuesday issued a pardon reducing that sentence by one year.   Under Italian law, prison sentences of up to three years may be substituted by community service. As a result the Milan prosecutor handling the case withdraw the European arrest warrant, so cancelling the extradition proceedings.  

A special unit operating under cover and protected by diplomatic immunity, assigned to a very sensitive mission: to spy on the communication of the Italian leadership. That is what top secret documents leaked by Edward Snowden and published in Italy exclusively by l'Espresso in collaboration with "la Repubblica" reveal. A file mentions the "Special Collection Service " (SCS) sites in Rome and in Milan, the very same service which, according to the German weekly "Der Spiegel ", spied on the mobile phone of the German Chancellor, Angela Merkel. "Special Collection Sites", reads the file published today by l'Espresso, "provide considerable perishable intelligence on leadership communications largely facilitated by site presence within a national capital". These documents are very important because they contradict recent statements by the Italian Prime Minister reassuring the Italian Parliament. Speaking to the Chamber of Deputies four weeks ago, Enrico Letta said: "Based on the analysis conducted by our intelligence services and our international contacts, we are not aware that the security of the communications of the Italian government and embassies has been compromised, nor are we aware that the privacy of Italian citizens has been compromised". These top secret documents tell a different story, however.

The Special Collection Service is likely one of the most sensitive units in U.S. intelligence. The service deploys teams under diplomatic cover, operating in US embassies around the world to control friendly and enemy governments. The top secret NSA document examined by l'Espresso reveals that "in 1988 [SCS] had 88 sites, our peak". The SCS is assigned to a special mission: monitoring the communications of the political, and likely economical, leaders of host nations. For this reason, SCS teams operate within the heart of power: in embassies and consulates, working in close collaboration with the CIA. Also in Rome, in the US embassy located in via Veneto, from those very same roofs which witnessed the Dolce Vita. Snowden's files reveal that, at least until 2010, the Special Collection Service maintained two sites in Italy: one in Rome, a base staffed with agents, and one in Milan, the capital of the Italian economy where, according to a file dated 2010 and originally published in Der Spiegel, the SCS would run an unmanned site. Two sites in a relatively small country like Italy is unusual: only in Germany -- a prime target for NSA in Europe -- does SCS maintain two bases.

NSA's mass spying activities did not target our leadership and diplomacy alone, but it possibly also targeted millions of Italian citizens. A file on the top secret programme "Boundless Informant" that is labeled "Italy" reveals that between December 10, 2012 and January 9, 2013, the NSA collected the metadata for 45.893.570 telephone calls. Estimates close to this figure had already circulated, but now the actual document indicates the penetration of this monitoring. All of the metadata gathered in our country between December 10^th and January 9^th 2013 as reflected on this slide relate to phone communication, unlike the slides published in Germany and France, where internet communication metadata were targeted as well.

LISBON, Portugal (AP) — A Portuguese court has ruled that a former CIA operative convicted of kidnapping an Egyptian cleric as part of an extraordinary renditions program should be turned over to Italy to serve her six-year sentence there, a court official said Friday. The decision to extradite Sabrina De Sousa after her arrest last October was handed down on Tuesday, the president of the court in Lisbon, Luis Vaz das Neves, told The Associated Press. De Sousa, who operated under diplomatic cover in Italy, was among 26 Americans convicted in absentia for the kidnapping of Milan cleric Osama Moustafa Hassan Nasr, known as Abu Omar, in broad daylight from a Milan street on Feb. 17, 2003. Extraordinary renditions were part of the Bush administration's "war on terror" after the Sept. 11, 2001, attacks. The Egyptian cleric's kidnapping, which also implicated Italy's secret services, has proven embarrassing to successive Italian governments. De Sousa, who was born in India and holds both U.S. and Portuguese passports, was initially acquitted due to diplomatic immunity, but was found guilty by Italy's highest court in 2014. She was arrested at Lisbon Airport on a European warrant last year as she was on her way to visit her elderly mother in India with a round-trip ticket.

Authorities seized her passport and set her free while awaiting the court decision on her extradition. Manuel Magalhaes e Silva, De Sousa's Portuguese lawyer, told the AP in an email he was officially informed of the extradition decision Friday and intends to lodge an appeal at the Supreme Court. If that fails, he will go to the Constitutional Court, he said. De Sousa has argued against extradition to Italy, telling a Portuguese court after her arrest that Italian authorities tried her in absentia and never officially notified her of her conviction, according to Vaz das Neves. All of the Americans were tried in absentia and were represented for most of the proceedings by court-appointed lawyers who had no contact with their clients. Only toward the end of the trial did De Sousa and another defendant, a member of the military, receive clearance to hire their own lawyers. The Lisbon judge ruled that De Sousa should be sent to Italy so she can be notified of the conviction and possibly demand another trial, Vaz das Neves said. The judge also ruled that if De Sousa accepts her prison sentence, she must be allowed to serve it in Portugal if she wishes, which is possible under European legal procedure, according to Vaz das Neves. De Sousa has said that she had been living in Portugal and intended to settle there.

De Sousa has denied in interviews participating in the rendition and has said she wants to hold the CIA accountable. "If she truly arrives in Italy, she could finally choose to say to magistrates what she so far has only said in interviews," said the lead prosecutor in the case, Armando Spataro. De Sousa has requested a pardon from Italy. Earlier this month, in an act of clemency, Italy's president reduced the sentences of two others convicted in the case. President Sergio Mattarella reduced former CIA base chief Robert Seldon Lady's sentence to seven years from nine. Mattarella also wiped out the entire penalty — three years — faced by another American, Betnie Medero. After being kidnapped Nasr was transferred to Egypt where he claimed he was tortured. After he was released from Egyptian custody, Italian authorities in 2005 issued an arrest warrant for him. He was convicted in absentia by an Italian court in 2013 on decade-old terror charges and was sentenced to six years in prison, although he never returned to Italy to serve the sentence.

Almost 48 hours after an unnamed hacker announced the breach of Hacking Team, exposing more than 400GB of secrets, the Italian surveillance tech company is investigating what happened, and coming out of its radio silence. The cyberintrusion, which was “quite sophisticated,” was likely the work of people “with a lot of expertise,” according to the company spokesperson Eric Rabe, who spoke with Motherboard on the phone from Milan, where he flew after finding out about the attack.