FACTBOX: Italy's CIA "kidnap" case
(Reuters) - An Italian judge on Wednesday could decide to call Prime Minister Silvio Berlusconi to testify in a trial against U.S. and Italian spies accused of kidnapping a terrorism suspect in Milan in 2003.
Following are details of the case, the first criminal trial over "renditions," one of the most controversial aspects of U.S. President George W. Bush's war on terrorism.
WHO ARE THE SUSPECTS?
Twenty-six Americans including former CIA station chiefs in Rome and Milan, Jeff Castelli and Robert Lady, and the head of security at the U.S. air base in Aviano in northern Italy.
Seven Italians also face charges, including Italy's former spy chief Nicolo Pollari.
WHAT ARE THE ACCUSATIONS?
That a CIA-led team grabbed Hassan Mustafa Osama Nasr, a Muslim cleric also known as Abu Omar, in Milan on February 17 2003, flew him via Germany to Egypt, where Nasr says he was tortured with electric shocks, beatings, rape threats and genital abuse.
Nasr was released from jail in Egypt last year and lives in Alexandria.
WHY BERLUSCONI? WHO ELSE COULD TESTIFY?
Pollari says that Berlusconi is aware of classified documents that prove his innocence. Pollari's defence team also wants testimony about state secrecy in the case from former prime minister Romano Prodi, former defence chiefs from Prodi's and Berlusconi's last governments along with other officials.
WHAT DO THE UNITED STATES AND ITALY SAY ABOUT THE CASE?
Washington has not responded to the charges. It acknowledges secret transfers of terrorism suspects to third countries, but denies torture or sanctioning torture by third parties. A U.S. official said last year Washington will not turn over any of the Americans even if Rome asks for their extradition -- something the Italian government has not done.
Berlusconi, Italy's prime minister at the time of the supposed rendition, and who was re-elected last month, denies knowledge of any kidnap operation and has defended Italy's military spy agency of wrongdoing. He has also criticized the trial on the grounds it could hurt Italy's reputation in the international intelligence community.
Prodi's government asked the constitutional court to annul the indictments, arguing prosecutors broke state secrecy rules when building their case. A decision is expected in the coming months.
WHAT DO THE SUSPECTS SAY?
Policeman Luciano Pironi admits stopping Nasr on a Milan street so the CIA could grab him, but says the CIA told him the goal was to recruit Nasr and the operation was approved by Rome and the United States. Pironi made a plea bargain accepting a 21-month jail term.
Pollari says he did nothing wrong. One of his deputies, Marco Mancini, says the CIA did ask the SISMI to help kidnap Nasr, but the SISMI refused because it was illegal. He says some superficial surveillance was carried out on Nasr.
(Writing by Phil Stewart, Editing by Matthew Jones)
