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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.

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.

In the past few months, as the situation in Iraq has deteriorated, the Bush Administration, in both its public diplomacy and its covert operations, has significantly shifted its Middle East strategy. The “redirection,” as some inside the White House have called the new strategy, has brought the United States closer to an open confrontation with Iran and, in parts of the region, propelled it into a widening sectarian conflict between Shiite and Sunni Muslims. To undermine Iran, which is predominantly Shiite, the Bush Administration has decided, in effect, to reconfigure its priorities in the Middle East. In Lebanon, the Administration has coöperated with Saudi Arabia’s government, which is Sunni, in clandestine operations that are intended to weaken Hezbollah, the Shiite organization that is backed by Iran. The U.S. has also taken part in clandestine operations aimed at Iran and its ally Syria. A by-product of these activities has been the bolstering of Sunni extremist groups that espouse a militant vision of Islam and are hostile to America and sympathetic to Al Qaeda.

Jumblatt said, “We told Cheney that the basic link between Iran and Lebanon is Syria—and to weaken Iran you need to open the door to effective Syrian opposition.” There is evidence that the Administration’s redirection strategy has already benefitted the Brotherhood. The Syrian National Salvation Front is a coalition of opposition groups whose principal members are a faction led by Abdul Halim Khaddam, a former Syrian Vice-President who defected in 2005, and the Brotherhood. A former high-ranking C.I.A. officer told me, “The Americans have provided both political and financial support. The Saudis are taking the lead with financial support, but there is American involvement.” He said that Khaddam, who now lives in Paris, was getting money from Saudi Arabia, with the knowledge of the White House. (In 2005, a delegation of the Front’s members met with officials from the National Security Council, according to press reports.) A former White House official told me that the Saudis had provided members of the Front with travel documents.

Jumblatt then told me that he had met with Vice-President Cheney in Washington last fall to discuss, among other issues, the possibility of undermining Assad. He and his colleagues advised Cheney that, if the United States does try to move against Syria, members of the Syrian Muslim Brotherhood would be “the ones to talk to,” Jumblatt said.

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.

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.