bobdina
06-07-2009, 01:51 PM
Colonel faces Italian rendition trial
By Erik Holmes - Staff writer
Posted : Friday Jun 5, 2009 18:00:55 EDT
An Air Force colonel is one of 26 Americans facing trial in an Italian court in the 2003 detention of a Muslim cleric terrorism suspect who was turned over to Egypt and later tortured.
Col. Joseph Romano, commander of the 37th Training Group at Lackland Air Force Base, Texas, is the only military officer among those facing charges. Despite a status of forces agreement that protects American military personnel from prosecution in Italian courts, the Defense Department and the Air Force have so far failed to invoke immunity.
“It is extraordinary that the U.S. government has abandoned its front-line officers and betrayed them to the mercy of a foreign court for an operation, which if the allegations are true, was authorized by the highest levels of our government,” said Mark S. Zaid, an attorney who represents Sabrina Desousa, a Foreign Service officer who has been indicted. “This case is an embarrassment to our country.”
Romano and his attorney declined to speak to Air Force Times while the case is pending. Navy Cmdr. Bob Mehal, a Defense Department spokesman, would say only that Romano has been provided an Air Force judge advocate and an Italian civilian attorney at government expense.
Romano was commander of the 31st Security Forces Squadron at Aviano Air Base, Italy, when the cleric, known as Abu Omar, was detained by CIA and Italian agents in Milan on Feb. 17, 2003, according to a court filing related to the case. Omar was taken to Aviano and eventually to Egypt, where he was transferred to Egyptian authorities — under a practice called extraordinary rendition — and held for four years. He claims he was tortured and otherwise mistreated in Egypt, according to court papers.
Romano is alleged to have had telephone conversations with those responsible for the operation and to have helped arrange the suspect’s transfer through Aviano, according to a source with knowledge of the case who spoke on condition of anonymity.
On Feb. 16, 2007, Romano and 25 others — mostly CIA agents — were indicted in Milan. The case has crept forward since then, but the judge ruled May 20 that the trial of the Americans as well as seven Italians can proceed with measures taken to protect classified information.
Romano remains in his job at Lackland and, like the other Americans, is being tried in absentia.
The status of forces agreement, or SOFA, the U.S. government has with most countries in which American military personnel are stationed generally protects against prosecution by local courts for actions related to a service member’s official duties.
Because Romano’s alleged involvement in the case was related to his role as a squadron commander, the government typically would invoke SOFA, said Gary Solis, a retired Marine Corps judge advocate who teaches at Georgetown University Law School in Washington, D.C.
“His defense could well be … that he was acting as an agent of the United States government and therefore is exempt from the Italian court’s jurisdiction,” Solis said.
Even if the government invoked SOFA, which it still could do, the Italian judge doesn’t have to abide by it. The Italians, according to Solis, might have charged Romano simply to make a point rather than to obtain a conviction.
“This case is obviously very political, and there may be some political value in charging a military officer,” he said. “This naming of a military officer may simply be … an attempt to demonstrate to the Italian public that [they’re] going after everybody.”
If Romano is convicted, he could not travel to Italy or possibly to other European Union countries. The chances the U.S. would extradite Romano to face charges in Italy are about zero, Solis said.
By Erik Holmes - Staff writer
Posted : Friday Jun 5, 2009 18:00:55 EDT
An Air Force colonel is one of 26 Americans facing trial in an Italian court in the 2003 detention of a Muslim cleric terrorism suspect who was turned over to Egypt and later tortured.
Col. Joseph Romano, commander of the 37th Training Group at Lackland Air Force Base, Texas, is the only military officer among those facing charges. Despite a status of forces agreement that protects American military personnel from prosecution in Italian courts, the Defense Department and the Air Force have so far failed to invoke immunity.
“It is extraordinary that the U.S. government has abandoned its front-line officers and betrayed them to the mercy of a foreign court for an operation, which if the allegations are true, was authorized by the highest levels of our government,” said Mark S. Zaid, an attorney who represents Sabrina Desousa, a Foreign Service officer who has been indicted. “This case is an embarrassment to our country.”
Romano and his attorney declined to speak to Air Force Times while the case is pending. Navy Cmdr. Bob Mehal, a Defense Department spokesman, would say only that Romano has been provided an Air Force judge advocate and an Italian civilian attorney at government expense.
Romano was commander of the 31st Security Forces Squadron at Aviano Air Base, Italy, when the cleric, known as Abu Omar, was detained by CIA and Italian agents in Milan on Feb. 17, 2003, according to a court filing related to the case. Omar was taken to Aviano and eventually to Egypt, where he was transferred to Egyptian authorities — under a practice called extraordinary rendition — and held for four years. He claims he was tortured and otherwise mistreated in Egypt, according to court papers.
Romano is alleged to have had telephone conversations with those responsible for the operation and to have helped arrange the suspect’s transfer through Aviano, according to a source with knowledge of the case who spoke on condition of anonymity.
On Feb. 16, 2007, Romano and 25 others — mostly CIA agents — were indicted in Milan. The case has crept forward since then, but the judge ruled May 20 that the trial of the Americans as well as seven Italians can proceed with measures taken to protect classified information.
Romano remains in his job at Lackland and, like the other Americans, is being tried in absentia.
The status of forces agreement, or SOFA, the U.S. government has with most countries in which American military personnel are stationed generally protects against prosecution by local courts for actions related to a service member’s official duties.
Because Romano’s alleged involvement in the case was related to his role as a squadron commander, the government typically would invoke SOFA, said Gary Solis, a retired Marine Corps judge advocate who teaches at Georgetown University Law School in Washington, D.C.
“His defense could well be … that he was acting as an agent of the United States government and therefore is exempt from the Italian court’s jurisdiction,” Solis said.
Even if the government invoked SOFA, which it still could do, the Italian judge doesn’t have to abide by it. The Italians, according to Solis, might have charged Romano simply to make a point rather than to obtain a conviction.
“This case is obviously very political, and there may be some political value in charging a military officer,” he said. “This naming of a military officer may simply be … an attempt to demonstrate to the Italian public that [they’re] going after everybody.”
If Romano is convicted, he could not travel to Italy or possibly to other European Union countries. The chances the U.S. would extradite Romano to face charges in Italy are about zero, Solis said.