by de Gondi
Sat Feb 10th, 2007 at 04:09:50 AM EST
Tension between the Italy and its partner has reached water head on a number of fronts. The judiciary branch continues to pursue its autonomous course both in the Abu Omar kidnapping case as well as the Calipari assassination. The latter case had the political backing of the Ministers of Justice of both the Prodi and Berlusconi governments while the Abu Omar case continues to be held in a political limbo by the Prodi government.
At the same time what appears to be normal but heated dialectics within the governing coalition over Italy's presence in Afghanistan has been the object of an "irritual" diplomatic letter by the US Ambassador Ronald Spoglio together with the other five members of the so-called "coalition of the willing" that unilaterally invaded Iraq (England, Canada, Australia, Romania, Holland). The six representatives of the Iraqi invasion intimated that Italy should stick to its obligations in Afghanistan. "Peace-keeping" in Afghanistan is mandated by the UN through NATO forces, not by a self-contrived "coalition of the willing."
From the diaries ~ whataboutbob
Vicenza, Afhganistan
The matter would have been put to rest had not Condi Rice publicly backed Mr. Spoglio's initiative. The entire matter has become grist for opposition broadsides and has put Prodi's government in a no-gain situation. Whatever action the government may take in parliament to refinance the mission it could be perceived as "getting in line" with US interests- something that won't go down with the more militant left factions in the government.
One would have hoped that with the arrival of Ronald Spoglio, a scholar, a more mature diplomatic relation could be established between the two superpowers. Gone were the days when US-Italy relations were dictated by a Claire Booth Luce or Reagan's Rabb, or the recent unfortunate parenthesis of a grovelling sycophant and his Florida buddy, Mel "God" Sembler.
The enlargement of the US-NATO airbase in Vicenza is a further source of conflict. The majority of Italians are opposed to enlarging the base. The base has already exceeded its maximum limits and has become a source of local conflict. Unfortunately the enlargement was secretly accorded by the previous government and the local authorities gave the go-ahead. By confirming the previous accord, the Prodi government has had to deal with mounting tension within the coalition.
There will be a national manifestation against the base on February 17th. The US Embassy Warden has put out a warning to all US citizens. The Prodi government gave "freedom of choice" to allies (but not ministers) to participate. Although large manifestations have done a good job of isolating agents provocateurs in recent events, nothing excludes an isolated party for the Berlusconi media in which fascist black blocks destroy American SUV's and what not. Instantly broadcasted worldwide on your favourite network.
The Calipari Assassination Case
The judge for the preliminary audience, Sante Spinaci, has decreed that the US soldier Mario Luis Lozano will stand trial on charges of voluntary homicide and attempted homicide. Nicola Calipari, a high-ranking Sismi official, was murdered at a checkpoint after liberating the reporter Giuliana Sgrena in Baghdad. (Major breaking coverage of the tragedy was done at DailyKos and Booman, especially by Jerome and Gilgamesh.)
The US government has refused to cooperate with Italian judiciary authorities in honouring extradition treaties. Lozano has been officially declared missing following the complete refusal of US authorities to collaborate. He will be tried in absentia, a possibility admitted by Italian law when the State's interests have been gravely jeopardized or damaged. "The Calipari homicide is to be qualified as objectively political considering the evident damage caused to the political interests of the State and the functioning of its highest institutions."
Judge Spinaci's ruling went beyond the request of the public minister and declared that the US wilfully destroyed evidence. The decree also cites the US Department of Defense as co-responsible in the crime. The trial will begin in Rome on April 17th.
The Abu Omar Kidnapping Case
On February 5th, the judge for the preliminary audience, Caterina Interlandi, ruled against Pollari's defensive tactic concerning state secrecy. Pollari alleged that he cannot defend himself because some eighty documents are covered by state secrecy. Interlandi has ruled that the kidnapping was never covered by state secrecy and that Pollari could just as well defend himself. The actual defensive tactic is not considered relevant to formulating a preliminary judgement. During an eventual trial Pollari may use whatever arguments or evidence he sees fit.
The whole affair had seen the previous government box itself into a corner. By denying that Italy had participated in the kidnapping or had ever known about it, the Berlusconi government consequently denied itself the option to apply state secrecy. It is further forbidden by law- for what little it's worth- to cover major crimes on Italian territory with state secrecy.
The next hearings are set for February 12th for defensive arguments by lawyers for the CIA. On February 16th, the preliminary judge will decide on the cases of Renato Farina and Luciano Pironi. Farina, ex-vice-director of Libero, is accused of aiding and abating while Pironi, now a witness for the State, is accused of participating in the actual kidnapping.
In the meantime two obscure events occurred in politics. A proposed bill to reform the secret services contained two articles that would have gotten Pollari off the hook were they to become law with retroactive provisions. Exposed by major newspapers, the two articles (28 and 29) were modified- for now. The bill should be presented on the floor within the next two weeks, a fairly strange coincidence since attempts to reform the services date back to the early nineties.
The second issue is the objection of the State Advocate to the revelation of the identities of Sismi operatives in Northern Italy in the PM's ordinances as well as the transmission of acts to the European Parliament by the Milan investigators. The constitutional court will be called to judge the matter that evidences a conflict of attributions between branches of the state. It is unlikely that a judgement will be passed in less than a year.
While the government has moved quickly with the State Advocate, it has yet to respond to the Milan Procura's numerous solicitations to transmit the request for extradition of the 24 CIA agents to American authorities.
UPDATE. Minor errors corrected. Unfortunately the judge in the preliminary hearings has been given as "Spinaci" or "Spinelli" according to different sources. The former is "Spinach" whereas the latter may be wishful thinking on the part of the author.