MILAN, Italy — The first trial involving the CIA’s extraordinary rendition program was suspended by a judge Monday until the country’s highest court rules on an Italian government challenge that the case was built on classified evidence.
A ruling in the government’s favor could scuttle the case.
Saying that a judge unlawfully relied on state secrets to justify the charges, the Italian government asked the Constitutional Court to throw out the indictments against the 26 American defendants, all but one identified by prosecutors as CIA agents. They are accused of kidnapping an Egyptian terror suspect from a Milan street on Feb. 17, 2003.
The high court also plans to hear a challenge charging that prosecutors went too far by wiretapping Italian intelligence agents.
The 26 Americans have left Italy, and a senior U.S. official has said they would not be turned over for prosecution even if Rome requests it. The government has not yet responded to prosecutors’ requests to seek their extradition. The justice minister has indicated that the Constitutional Court’s ruling would be a key factor.
The ruling is expected on Oct. 19. Judge Oscar Magi suspended the trial Monday until Oct. 24, in accordance with a defense request.
The judge also stopped the clock on the statute of limitations until the trial reconvenes. The statute of limitations on the charge of abduction with aggravating circumstances is 12 1/2 years from the date of the crime; four years and four months have elapsed.
In Italy, cases can take years to go through the courts and both defendants and prosecutors can have two opportunities for appeal, meaning that the statute of limitations often runs out before a final verdict.
“It’s a very clean decision,” said Alessia Sorgato, a lawyer for several American defendants. “It’s like sealing the case in Tupperware and putting it in the freezer.”
Italian prosecutors say Osama Moustafa Hassan Nasr, also known as Abu Omar, was abducted in an operation coordinated by the CIA and Italian intelligence, then transferred to U.S. bases in Italy and Germany before being moved to Egypt, where he was imprisoned for four years. Nasr, who was released Feb. 11, said he was tortured.
Besides the Americans, seven Italians also were indicted in the case, including Nicolo Pollari, the former chief of military intelligence. Pollari has denied any involvement by Italian intelligence in the abduction.
Prosecutor Armando Spataro argued that the court must continue its deliberations despite the pending case in the highest court, denying that any state secrets were involved in the preparation of the case and expressing confidence that the Constitutional Court’s decision would back him up.
