The Atlanta Journal-Constitution

Conviction­s upheld by court

Egyptian terror suspect was abducted in Italy.

- By Colleen Barry and Frances D’emilio Associated Press

ROME — Italy’s highest criminal court on Wednesday upheld the conviction­s of 23 Americans in the abduction of an Egyptian terror suspect from a Milan street as part of the CIA’s “extraordin­ary rendition” program, paving the way to possible extraditio­n requests by Italian authoritie­s.

The ruling by the Court of Cassation marks the final appeal in the first trial anywhere in the world involving the CIA’s practice of abducting terror suspects and transferri­ng them to third countries where torture is permitted.

The Americans were convicted in absentia following a three-and-a-halfyear trial, and have never been in Italian custody. They risk arrest if they travel to Europe, and one of their court-appointed lawyers suggested that the final verdict would open the way for the Italian government to seek their extraditio­n.

“It went badly. It went very badly,” lawyer Alessia Sorgato said after the court announced its decision after a day of deliberati­ons. “Now they will ask for extraditio­n.”

Milan prosecutor Armando Spataro, one of Italy’s top anti-terrorism magistrate­s who shaped the prosecutio­n, hailed the top court’s decision, saying it was tantamount to a finding that extraordin­ary rendition “is incompatib­le with democracy.”

The court will make public its reasoning behind the decision in a written document in about 90 days.

“We will see if the minister of justice intends to request extraditio­n, since the final verdict poses this issue,” Spataro said.

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

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