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The Americans and two Italians were convicted in November 2009 of involvement in the kidnapping of Osama Moustafa Hassan Nasr, also known as Abu Omar, on Feb. 17, 2003 — the first convictions anywhere in the world against people involved in the CIA’s practice of abducting terror suspects and transferring them to third countries where torture was permitted.

Only if we didn't want to do it ourselves.

The cleric was transferred to US military bases in Italy and Germany before being moved to Egypt, where he says he was tortured. He has since been released.

Those convicted include the former Milan CIA station chief, Robert Seldon Lady, whose original seven-year sentence was raised to nine years on appeal. The other 22 Americans, all but one identified by prosecutors as CIA agents, also saw their sentences stiffened on appeal, from five to seven years.

Previous Italian governments, both from the center-left and from the center-right, had declined to act on prosecutors’ requests during trial to extradite the American suspects, most of whom had court-appointed lawyers the defendants never met. While some of the defendants in the case were known figures attached to the US Embassy or Consulate in Milan, many of those named in the trial are believed to have been aliases, which would hinder extradition efforts.

Premier Mario Monti, an economist from outside of politics, is leading a government of technocrats concentrated on saving Italy from financial disaster. Since any extradition request can take months to run its course, and elections are due in spring, it could conceivably be a new government to have the final say on whether to press for extradition of the Americans....

The court also ordered new appeals trials for five Italian intelligence agents, including the former head of military intelligence, Nicolo Pollari. They had been acquitted by lower courts because of state secrets. But the Cassation Court’s ruling indicates that the lower appellate court, which will hear their case again, needs to give more scrutiny to the state secrecy line of defense.

During the original trial, three other Americans were acquitted due to diplomatic immunity: the then-Rome CIA station chief Jeffrey Castelli and two other diplomats formerly assigned to the embassy. Prosecutors appealed the acquittal. The appeal is pending in Milan.

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