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Monday, June 18th, 2007
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An Italian judge on Monday suspended the first trial involving the CIA’s extraordinary rendition programme until the country’s highest court can rule on the case.

The Italian government has asked the Constitutional Court to deny prosecutors access to key evidence against the 26 American defendants - all but one identified by prosecutors as CIA agents - accused of kidnapping an Egyptian terrorist suspect from a Milan street on February 17, 2003.

In an argument that would effectively scuttle the case, state lawyers have said that the judge who issued the indictments unlawfully relied on state secrets to justify the charges.

On Monday, Judge Oscar Magi suspended the trial until October 24, agreeing to a request by the defence to put the trial on hold until the Constitutional Court’s ruling, which is expected on October 19.

The ruling will indicate whether the trial will have the power to publicly air details of the US renditions - moving terrorism suspects from country to country without public legal proceedings - as well as to pick over details of what was supposed to be a highly secret operation.

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 US bases in Italy and Germany before being moved to Egypt, where he was imprisoned for four years. Nasr, who was released on February 11, said he was tortured.

Prosecutor Armando Spataro argued vigorously 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.

Besides the Americans, seven Italians were also indicted in the case, including Nicolo Pollari, the former chief of military intelligence. Pollari has denied any involvement by Italian intelligence in the abduction.

The 26 Americans have left Italy, and a senior US official has said they would not be turned over for prosecution even if Rome requests it. The Italian government has not yet responded to prosecutors’ requests to seek their extradition.

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