Italian Police Issue Warrant for Cia
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Koch Skeptical Ahead of Talks with Trump Team
6A » Thursday,June 9, 2016 » KITSAPSUN MONEY LIFE WEDNESDAY MARKETS BAD DAYFOR ED SHEERAN INDEX CLOSE CHG DowJones Industrial Ave. 18005 x 66.77 The pop star was sued Wednesday by Nasdaq composite 4974.64 x 12.89 two California songwriterswho claim he S&P 500 2119.12 x 6.99 ripped off their song, ‘Amazing,’and used T- note,10-year yield 1.70% y 0.02 Oil, light sweet crude $51.23 x 0.87 it as the basis forhis hit ‘Photograph.’The Euro(dollarsper euro) $1.1397 x 0.0036 lawsuit from Martin Harrington and Tom Yenper dollar 106.94 y 0.37 Leonardwas filed in federal court in Los SOURCES USA TODAYRESEARCH, MARKETWATCH.COM Angeles, reports ‘The Tennessean,’part of vAmericasMarkets.usatoday.com ROBERTHANASHIRO, USA TODAY the USA TODAYNetwork. Nation &World Watch Koch skeptical ahead of From Gannett and wirereports vWashington: India’sPM: US ‘indispensable partner’ talks with Trump team Indian Prime Minister Narendra Mo- di told ajoint meeting of Congress on Wednesdaythat the United States is “an Major donor blasts Republican candidate’sremarks about judge indispensable partner”increating a stronger,more prosperous India that is notimmediately respond to re- in the bestinterests of both nations. Fredreka Schouten Modi, who represents the world’s quests for comment. mostpopulous democracyand fastest- USA TODAY Trump’saides contacted the growing major economy, wasinterrupted network “a couple weeks ago,” frequently with enthusiastic applause WICHITA, KAN. Topofficials said SteveLombardo,Koch In- from lawmakers.Heurged Congress to within Charles Koch’spowerful dustries’ top spokesman. Koch work more closely with India to combat policynetwork plan to meet said Mark Holden, Koch Indus- the terrorists that threaten both with aides to presumptiveRe- tries’ general counsel and chair- countries. -
Foreign Terrorist Organizations
Order Code RL32223 CRS Report for Congress Received through the CRS Web Foreign Terrorist Organizations February 6, 2004 Audrey Kurth Cronin Specialist in Terrorism Foreign Affairs, Defense, and Trade Division Huda Aden, Adam Frost, and Benjamin Jones Research Associates Foreign Affairs, Defense, and Trade Division Congressional Research Service ˜ The Library of Congress Foreign Terrorist Organizations Summary This report analyzes the status of many of the major foreign terrorist organizations that are a threat to the United States, placing special emphasis on issues of potential concern to Congress. The terrorist organizations included are those designated and listed by the Secretary of State as “Foreign Terrorist Organizations.” (For analysis of the operation and effectiveness of this list overall, see also The ‘FTO List’ and Congress: Sanctioning Designated Foreign Terrorist Organizations, CRS Report RL32120.) The designated terrorist groups described in this report are: Abu Nidal Organization (ANO) Abu Sayyaf Group (ASG) Al-Aqsa Martyrs Brigade Armed Islamic Group (GIA) ‘Asbat al-Ansar Aum Supreme Truth (Aum) Aum Shinrikyo, Aleph Basque Fatherland and Liberty (ETA) Communist Party of Philippines/New People’s Army (CPP/NPA) Al-Gama’a al-Islamiyya (Islamic Group, IG) HAMAS (Islamic Resistance Movement) Harakat ul-Mujahidin (HUM) Hizballah (Party of God) Islamic Movement of Uzbekistan (IMU) Jaish-e-Mohammed (JEM) Jemaah Islamiya (JI) Al-Jihad (Egyptian Islamic Jihad) Kahane Chai (Kach) Kurdistan Workers’ Party (PKK, KADEK) Lashkar-e-Tayyiba -
The Cambridge Handbook of Immunities and International Law Edited by Tom Ruys , Nicolas Angelet , Luca Ferro Frontmatter More Information I
Cambridge University Press 978-1-108-41788-4 — The Cambridge Handbook of Immunities and International Law Edited by Tom Ruys , Nicolas Angelet , Luca Ferro Frontmatter More Information i The Cambridge Handbook of Immunities and International Law Few topics of international law speak to the imagination as much as international immunities. Questions pertaining to immunity from jurisdiction or execution under international law surface on a frequent basis before national courts, including at the highest levels of the judicial branch and before international courts or tribunals. Nevertheless, international immunity law is and remains a challenging i eld for practitioners and scholars alike. Challenges stem in part from the uncertainty pertaining to the customary content of some immunity regimes said to be in a ‘state of l ux’, the divergent – and at times directly conl icting – approaches to immunity in different national and international jurisdictions, or the increasing intolerance towards impunity that has accompanied the advance of international criminal law and human rights law. Composed of 34 expertly written contributions, the present volume uniquely provides a comprehensive tour d’horizon of international immunity law, traversing a wealth of national and international practice. tom ruys is a professor of international law at Ghent University where he heads the Ghent Rolin- Jaequemyns International Law Institute. He holds a doctoral degree from the University of Leuven and is a member of the Brussels Bar. Tom is co- editor- in- chief of the Journal on the Use of Force and International Law and the Military Law and Law of War Review . He has been awarded the Francis Lieber Prize (2015 article prize and 2011 book prize) as well as the Francis Deák Prize (2015). -
Extraordinary Rendition« Flights, Torture and Accountability – a European Approach Edited By: European Center for Constitutional and Human Rights E.V
WITH A PREFACE BY MANFRED NOWAK (UNITED NATIONS SPECIAL RAPPORTEUR ON TORTURE) 1 SECOND EDITION 2 3 CIA- »EXTRAORDINARY RENDITION« FLIGHTS, TORTURE AND ACCOUNTABILITY – A EUROPEAN APPROACH EDITED BY: EUROPEAN CENTER FOR CONSTITUTIONAL AND HUMAN RIGHTS E.V. (ECCHR) SECOND EDITION 4 5 TABLE OF CONTENTS 09 PREFACE by Manfred Nowak, United Nations Special Rapporteur on Torture © by European Center for Constitutional and Human Rights e.V. (ECCHR) 13 JUSTICE AND ACCOUNTABILITY IN EUROPE – DISCUSSING Second Edition, Originally published in March 2008 STRATEGIES by Wolfgang Kaleck, ECCHR This booklet is available through the ECCHR at a service charge of 6 EUR + shipping. Please contact [email protected] for more information. 27 THE U.S. PROGRAM OF EXTRAORDINARY RENDITION AND SECRET DETENTION: PAST AND FUTURE Printed in Germany, January 2009 by Margaret Satterthwaite, New York University All rights reserved. 59 PENDING INVESTIGATION AND COURT CASES ISBN 978-3-00-026794-9 by Denise Bentele, Kamil Majchrzak and Georgios Sotiriadis, ECCHR European Center for Constitutional and Human Rights (ECCHR) I. The Freedom of Information Cases (USA/Europe) Greifswalder Strasse 4, D-10405 Berlin 59 FOIA Cases in the U.S. Phone: + 49 - (0) 30 - 40 04 85 90 / 40 04 85 91 62 Freedom of Information Cases in Eastern Europe Fax: + 49 - (0) 30 - 40 04 85 92 Mail: [email protected], Web: www.ECCHR.eu II. The Criminal Cases Council: Michael Ratner, Lotte Leicht, Christian Bommarius, Dieter Hummel 68 The Case of Ahmed Agiza and Mohammed Al Zery (Sweden) Secretary General: Wolfgang -
The Abu Omar Case in Italy: 'Extraordinary Renditions'
CORE Metadata, citation and similar papers at core.ac.uk Provided by Kent Academic Repository The Abu Omar Case in Italy: ‘Extraordinary Renditions’ and State Obligations to Criminalize and Prosecute Torture under the UN Torture Convention Francesco Messineo * [This is the pre-print version of a paper accepted for publication in the Journal of International Criminal Justice, Vol. 7 (2009). Published by Oxford University Press.] 1. Introduction On 12 February 2003, at around 12.30 p.m., Mr Osama Mustafa Hassan Nasr (Abu Omar) was walking from his house in Milan to the local Mosque. He was stopped by a plain-clothes carabiniere (Italian military police officer) who asked for his documents. While he was searching for his refugee passport, 1 he was immobilised and put into a white van by more plain-clothes officers, at least some of whom were US agents. He was brought to a US airbase in Aviano in North-East Italy and from there, flown via the US airbase in Ramstein (Germany) to Egypt. He was held for approximately seven months at the Egyptian military intelligence headquarters in Cairo, and later transferred to Torah prison. 2 His whereabouts were unknown for a long time, and he was allegedly repeatedly tortured. 3 He was released in April 2004, re-arrested in May 2004 and eventually subjected to a form of house arrest in Alexandria in February 2007. 4 In June 2007, a criminal trial started in Milan against US and Italian agents accused of having been involved in Abu * Dott. giur. (Catania), LL.M. (Cantab); PhD candidate, University of Cambridge. -
E-Bulletin on Counter-Terrorism and Human Rights
International Commission of Jurists E-BULLETIN ON COUNTER-TERRORISM & HUMAN RIGHTS No. 59, January 2012 AFRICA & MIDDLE EAST Ethiopia: Swedish journalists convicted under draconian Anti-Terrorism Law Ethiopia: Five people, including journalists, convicted under repressive Anti-Terrorism Law Burundi: Journalist arrested and charged for terrorism for interview of rebel leader Kenya: Wave of arbitrary arrests hits Kenya after terrorist attacks and warnings Egypt: Military Council ends emergency law but not for “thugs” Syria: President imposes the death penalty on “terrorist” weapon smugglers Iraq/Turkey: Anti-terrorism airstrike kills 35 smugglers; authorities admit “mistake” AMERICAS USA: Calls for closure multiply, as Guantánamo detention centre turns 10 USA: Indefnite detention of terrorists signed into law with “serious reservations” by US President USA: US President asked to justify US drones strategy by NGO USA: Federal court dismisses Guantánamo torture damage lawsuits USA: CIA torture interrogations whistleblower prosecuted by Justice Department USA: Remedies for torture in court are matters for Congress, rules Appeals Court USA/Italy: No obligation to give immunity to Abu Omar kidnapper, says federal court USA/Afghanistan: Governmental report accuses US of ill-treatment of prisoners in Bagram Canada: More than two years after clearing by Federal Court, Abousfan Abdelrazik de- listed by UN Chile: President accuses indigenous people of “terrorist” arson without evidence Argentina: Generic “terrorism” aggravating circumstance introduced -
ARTICLES Intelligence Agencies and the State Secret Privilege
CORE Metadata, citation and similar papers at core.ac.uk Provided by Cadmus, EUI Research Repository ARTICLES Tommaso F. Giupponi / Federico Fabbrini Intelligence agencies and the State secret privilege: the Italian experience The Italian security regime has recently experienced an important overhaul through the adoption of Law 124/2007 on intelligence agencies and the State secret privilege.1 This piece of legislation was enacted after a lengthy parliamentary debate and exactly 30 years after Law 801/1977, which regulated the field until the implementation of the new law.2 The awareness of the need to update the Italian legislation on secret services and intelligence activities had risen in recent years, as a consequence of both the changed international context (especially after the terrorist attacks of 9/11 in the United States) and some well-known judicial investigations concerning the involvement of the Italian intelligence apparatus in unlawful activities (such as the extraordinary rendition of Milan's radical imam Abu Omar) coordinated by foreign intelligence agencies.3 The recently enacted law contains several innovative elements. At the same time, however, it also shows signs of continuity with the previous legislation. In particular, the Italian legislation on intelligence agencies and the State secret privilege currently features: a) the increased importance of the President of the Council as the head of the intelligence apparatus and the creation of an ad hoc security committee within the executive branch; b) the maintenance of a 'double track' system with a separation between an external and an internal intelligence agency; c) the granting of a special status to the agents operating under the aegis of the intelligence agencies, e.g. -
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tHe ABU oMAr CAse And “eXtrAordinAry rendition” Caterina Mazza Abstract: In 2003 Hassan Mustafa Osama Nasr (known as Abu Omar), an Egyptian national with a recognised refugee status in Italy, was been illegally arrested by CIA agents operating on Italian territory. After the abduction he was been transferred to Egypt where he was in- terrogated and tortured for more than one year. The story of the Milan Imam is one of the several cases of “extraordinary renditions” imple- mented by the CIA in cooperation with both European and Middle- Eastern states in order to overwhelm the al-Qaeda organisation. This article analyses the particular vicissitude of Abu Omar, considered as a case study, and to face different issues linked to the more general phe- nomenon of extra-legal renditions thought as a fundamental element of US counter-terrorism strategies. Keywords: extra-legal detention, covert action, torture, counter- terrorism, CIA Introduction The story of Abu Omar is one of many cases which the Com- mission of Inquiry – headed by Dick Marty (a senator within the Parliamentary Assembly of the Council of Europe) – has investi- gated in relation to the “extraordinary rendition” programme im- plemented by the CIA as a counter-measure against the al-Qaeda organisation. The programme consists of secret and illegal arrests made by the police or by intelligence agents of both European and Middle-Eastern countries that cooperate with the US handing over individuals suspected of being involved in terrorist activities to the CIA. After their “arrest,” suspects are sent to states in which the use of torture is common such as Egypt, Morocco, Syria, Jor- dan, Uzbekistan, Somalia, Ethiopia.1 The practice of rendition, in- tensified over the course of just a few years, is one of the decisive and determining elements of the counter-terrorism strategy planned 134 and approved by the Bush Administration in the aftermath of the 11 September 2001 attacks. -
Alleged Secret Detentions and Unlawful Inter-State Transfers Involving Council of Europe Member States
Parliamentary Assembly Assemblée parlementaire restricted AS/Jur (2006) 16 Part II 7 June 2006 ajdoc16 2006 Part II Committee on Legal Affairs and Human Rights Alleged secret detentions and unlawful inter-state transfers involving Council of Europe member states Draft report – Part II (Explanatory memorandum) Rapporteur: Mr Dick Marty, Switzerland, ALDE C. Explanatory memorandum by Mr Dick Marty, Rapporteur Table of Contents: 1. Are human rights little more than a fairweather option? ……………………………………. 3 1.1. 11 September 2001 ……………………………………………………………………… 3 1.2. Guantanamo Bay ………………………………………………………………………… 4 1.3. Secret CIA prisons in Europe?…………………………………………………………. 4 1.4. The Council of Europe’s response ……………………………………………………. 5 1.5. European Parliament ………………………………………………………………….. 6 1.6. Rapporteur or investigator? …………………………………………………………… 6 1.7. Is this an Anti-American exercise? ……………………………………………………. 7 1.8 Is there any evidence?............................................................................................ 8 2. The global “spider’s web”………………………………………………………………………. 9 2.1. The evolution of the rendition programme ……………………………………………. 9 2.2. Components of the spider’s web ………………………………………………………. 12 2.3. Compiling a database of aircraft movements ………………………………………… 14 2.4. Operations of the spider’s web ………………………………………………………… 15 2.5. Successive rendition operations and secret detentions …………………………….. 16 2.6. Detention facilities in Romania and Poland ……………………….. 16 2.6.1 The case of Romania …………………………………………………. 16 2.6.2. The case of Poland ……………………………………………………. 17 2.7. The human impact of rendition and secret detention ……………………………….. 19 2.7.1. CIA methodology – how a detainee is treated during a rendition ………… 20 2.7.2. The effects of rendition and secret detention on individuals ………………. and families ……………………………………………………………………… 23 ________________________ F œ 67075 Strasbourg Cedex, tel: +33 3 88 41 20 00, fax: +33 3 88 41 27 02, http://assembly.coe.int, e-mail: [email protected] AS/Jur (2006) 16 Part II 2 3. -
Extraordinary Rendition and Torture What the Narratives of Victims Reveal and Require
Extraordinary Rendition and Torture What the Narratives of Victims Reveal and Require UNC School of Law Joshua R. Bennett Isabelle Chammas Siya Hegde Hillary Li Jeffrey S. Nooney Matt Norchi Seth Proctor Tyler J. Walters Deborah M. Weissman Reef C. Ivey II Distinguished Professor of Law Faculty Advisor http://www.law.unc.edu/documents/academics/humanrights/narrativethemes.pdf November 2017 Extraordinary Rendition and Torture What the Narratives of Victims Reveal and Require Table of Contents I. History of the Extraordinary Rendition Program 1 II. Torture and its Long-Term Effects 7 III. The Role of Islamophobia in the Extraordinary Rendition and Torture Program 15 IV. The Cost of Torture 23 V. The Link Between Domestic Criminal Justice Reform and International Human Rights 28 VI. Government Contractor Liability 37 VII. The United States’ Legal and Moral Obligations to Provide Fair and Adequate Compensation for Released Detainee 43 VIII. Relief for Torture Victims and its Barriers 52 I. History of the Extraordinary Rendition Program Extraordinary rendition, as it was practiced post-September 11, 2001, and as it is described in the pages that follow, connotes the latest iteration of a program that has a much longer history. Before briefly surveying the program’s history, it is helpful to consider its definition. According to the Open Society Justice Initiative, no official U.S. government definition of the program exists,1 despite the fact that it is the U.S. government that was responsible for designing and implementing it. The Open Society formulated its own definition as “the transfer—without legal process—of a detainee to the custody of a foreign government for purposes of detention and interrogation.”2 1 OPEN SOCIETY JUSTICE INITIATIVE, GLOBALIZING TORTURE: CIA SECRET DETENTION AND EXTRAORDINARY RENDITION 13 (2013), https://www.opensocietyfoundations.org/sites/default/files/globalizing-torture-20120205.pdf. -
Foreign Fighters: a New Challenge for the EU Counterterrorism Strategy How to Tackle Effectively Foreign Fighters
Themis 2016 Competition Semi-final A, Riga XI Edition 12th-14th April 2016 Foreign fighters: a new challenge for the EU counterterrorism strategy How to tackle effectively foreign fighters. Existing and innovative legal tools Team: ITALY Trainees: Ms GIULIA CAVALLONE - judicial trainee, Court of Rome Ms LUCIA PAOLONI - judicial trainee, Court of Rome Ms VALERIA SPINOSA - judicial trainee, Court of Milan Trainer: Ms GABRIELLA CAPPELLO - senior judge, Supreme Court of Cassation Themis 2016 Competition, XI Edition – Team ITALY Foreign fighters: a new challenge for the EU counterterrorism strategy ABSTRACT The present project defines the notion of “foreign fighters” first, in order to understand the specific features of this peculiar form of terrorism. An historical insight shows how such a phenomenon is not new, though deep differences characterise its current evolution. Once defined the topic, the project analyses the existing legal framework to counter foreign fighters at international, EU and national level. Both substantive and cooperation tools have been taken into consideration, highlighting the impact they may have on human rights. The last part focuses on legislative and operational proposals capable of enhancing the counterterrorism legal framework in EU. 1. INTRODUCTION According to the Lisbon Treaty, “the Union shall constitute an area of freedom, security and justice” (Article 67 of the TFUE). This objective is of the greatest importance, since it represents a prerequisite for the complete enjoyment of the EU four traditional freedoms. However, recently the European space of liberty has been seriously threatened by terrorist attacks from a new subject, called “ISIS” (Islamic State of Iraq and Syria). What is unprecedented in this group lies in its internal structure: there are not only small cells, like Al Qaeda, but also single individuals that affirm to be part of the Islamic State, known as “foreign fighters”. -
UNITED STATES DISTRICT COURT for the DISTRICT of COLUMBIA SABRINA DE SOUSA, Plaintiff, V. DEPARTMENT of STATE, Et Al. Defen
Case 1:09-cv-00896-BAH Document 65 Filed 01/05/12 Page 1 of 36 UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA SABRINA DE SOUSA, Plaintiff, v. Civil Action No. 09-00896 (BAH) DEPARTMENT OF STATE, et al. Defendants. MEMORANDUM OPINION According to media reports, on February 17, 2003, United States and Italian intelligence agents kidnapped an Islamic cleric and suspected terrorist named Hassan Mustafa Osama Nasr, also known as “Abu Omar,” in Milan, Italy and flew him to Egypt, where he was interrogated and tortured. Although both U.S. and Italian government agents allegedly carried out this “extraordinary rendition” of Abu Omar, an Italian prosecutor launched a criminal investigation in 2004 into the alleged kidnapping. The plaintiff in this case, Sabrina De Sousa, is a former employee of the U.S. State Department who was assigned to the U.S. consulate in Milan at the time of the alleged Abu Omar kidnapping. She returned to the United States in early 2004 after finishing her tour of duty in Italy. Subsequently, the Italian prosecutor charged her and others with allegedly participating in planning the Abu Omar operation on behalf of the Central Intelligence Agency (“CIA”). While the plaintiff denies having any involvement in the alleged kidnapping of Abu Omar, she was convicted in absentia in an Italian criminal proceeding in 2009 and sentenced to five years in prison. The plaintiff brought this civil lawsuit against the State Department and the CIA alleging, inter alia, that these agencies violated her constitutional rights by failing to assert diplomatic or consular immunity on her behalf in the Italian courts and by allowing defamatory information about her to spread unchecked.