Milan, Italy – The first trial involving the CIA’s extraordinary-rendition program was suspended by a judge Monday until the country’s highest court rules on an Italian government challenge that the case was built on classified evidence.
A ruling in the government’s favor could scuttle the case.
Saying that a judge unlawfully relied on state secrets to justify the charges, the Italian government asked the Constitutional Court to throw out the indictments against the 26 American defendants, all but one identified by prosecutors as CIA agents. They are accused of kidnapping an Egyptian terrorism suspect from a Milan street on Feb. 17, 2003.
The high court also plans to hear a challenge charging that prosecutors went too far by wiretapping Italian intelligence agents.
The 26 Americans have left Italy, and a senior U.S. official has said they would not be turned over for prosecution even if Rome requested it. The government has not yet responded to prosecutors’ requests to seek their extradition. The justice minister has indicated that the Constitutional Court’s ruling would be a key factor.
The ruling is expected Oct. 19. Judge Oscar Magi suspended the trial Monday until Oct. 24, in accordance with a defense request.
