Italy wants CIA agents questioned over Milan kidnap

By Phil Stewart

ROME (Reuters) – Italy has asked the United States to
assist its prosecutors investigating 22 CIA agents accused of
kidnapping a Muslim cleric in Milan, officials said on Sunday.

Justice Minister Roberto Castelli approved a request by
Milan prosecutors for international court assistance, or a
“rogatory,” a spokeswoman said, which could allow prosecutors
to travel to the United States to question suspects and
witnesses.

Milan prosecutor Armando Spataro told Reuters Castelli’s
backing means the request now heads to the United States.

“(We) await the response from U.S. authorities over the
request to question all of those under investigation,” said
Spataro, who is heading the case.

The U.S. embassy in Rome could not be immediately reached
for comment.

Milan magistrates say a CIA team snatched Muslim cleric
Hassan Mustafa Osama Nasr off a Milan street in 2003 and flew
him for interrogation in Egypt, where he said he was tortured.
Nasr is still believed to be in Egyptian custody.

Italian investigators have accused Nasr of ties to al Qaeda
and recruiting combatants for Iraq. A Milan judge has issued a
warrant for his arrest.

In November, prosecutors also requested Castelli seek the
U.S. agents’ extradition, a more politically hostile move given
the government’s close ties to U.S. President George W. Bush.

The case is among several inquiries into U.S. intelligence
activities, including whether U.S. agents illegally transferred
militant suspects via Europe to third parties for interrogation
and controversy about alleged U.S. secret prisons.

“ITALY, DON’T GO THERE”

Prosecutors particularly wanted speak with retired Milan
CIA station chief Robert Seldon Lady, the main suspect in the
probe. He is believed to be living in the United States.

Cell phone records show Lady traveled to Egypt after Nasr’s
abduction, raising questions about whether he had contact with
Nasr or knew about the alleged torture.

Although it was unclear how many of the agents are in the
United States, they are all believed to be out of Europe since
Italy last month issued arrest warrants which are valid across
the entire 25-nation European Union.

But a judicial source said the warning to leave Italy came
at least a year earlier. Records seized from Lady’s computer
showed the CIA also warned agents to leave the country in a
2004 email labeled: “Italy, don’t go there.”

It was sent after an Italian newspaper reported the probe
into Nasr’s abduction, the source said, asking not to be named.

Lady’s hired attorney in Milan, Daria Pesce, could not be
reached for comment on Sunday.

Analysts doubt Washington would hand over CIA agents to a
foreign court and Castelli has suggested that he might reject
the extradition request, suggesting the case was politically
motivated.

Castelli’s boss, Prime Minister Silvio Berlusconi, is a
staunch U.S. ally who is trailing in opinion polls ahead of
April elections. Berlusconi has said he did not believe the CIA
kidnapped Nasr.