Doc. 11302 Report 314. The “official version” of Mr El-Masri’s involuntary stay in “the former Yugoslav Republic of Macedonia” has definitely become utterly untenable, in the light of not only the work of the Bundestag’s Committee of Inquiry, but also the information that we believe we can provide about the arrangements for Mr El-Masri’s secret return to Europe. It is now high time for those responsible for the deception – vis-à-vis the German Bundestag, the Munich prosecutors, the European Parliament and the Council of Europe – to offer their apologies to the unfortunate protagonist in this case and to divulge once and for all the whole truth. There is a feeling that responsibility for this refusal to tell the truth lies with the highest representatives of the state, who seem likely to have orchestrated the presentation of this official version.265For the sake of restoring the mutual trust indispensable for European co-operation in this sensitive field, I urge the Macedonian President and Parliament to show a willingness to co-operate in the search for the truth without further delay. 315. The positive example of Bosnia and Herzegovina, which has fully acknowledged the facts relating to “its” case of rendition,266deserves to be re-emphasised here. Its authorities showed responsibility and sincerity, and should also be congratulated on their country’s recent election by the UN General Assembly to membership of the United Nations Human Rights Council.267 7.2. Complicity and accountability in other rendition cases 7.2.1. The role of the Italian authorities in the case of Abu Omar 316. New developments in this case, described in some detail in the June 2006 report,268include new arrest warrants delivered on 3 July 2006 against four more American citizens, including Jeffrey Castelli, the director of the Italian office of the CIA at the time of the abduction, which increased the number of arrest warrants against American agents to 26. In July 2006, two arrest warrants were also delivered against Italian agents working for SISMI, the military intelligence agency (Mr Pignero and Mr Mancini). By November 2006, the Milan prosecutor’s office had fulfilled all technical requirements for the transmission by the Italian Minister of Justice of the relevant extradition requests to the American authorities. But to date, the Minister has still not transmitted these requests. It may be helpful to point out that the treaty on judicial assistance between the United States and Italy explicitly provides for extradition even of their nationals. 317. In November 2006, Mr Pollari was removed from his post as director of SISMI “in the course of a reorganisation of the secret services”.269 318. In a letter smuggled out of his prison in Egypt (published by the Chicago Tribune and the Corriere della Sera on 7 January 2007), Abu Omar described in detail how he was abducted from Italy and the abominable tortures to which he was subjected in Egypt, which go well beyond the dehumanising methods used in the CIA’s own secret prisons network.270 319. In February 2007, 26 American citizens and seven Italians, including Mr Pollari, were formally indicted, the trial being due to begin on 8 June 2007.271Mr Pollari, the only defendant who appeared during the preliminary hearing, has insisted that Italian intelligence played no role in the alleged abduction, and told the judge he was unable to defend himself properly because documents clarifying his position were not permitted in the proceedings because they contain state secrets.272In fact, the evidence collected by the prosecution is overwhelming: SISMI had been informed of the operation relating to Mr Omar, and Italian agents certainly did take part in the operation. 320. In February and March, the Italian Government asked the Constitutional Court to annul the committal for trial of the 33 defendants in the Abu Omar case, as the prosecution had exceeded its powers, using documents which were classified and tapping phone conversations of Italian intelligence agents in their pursuit of the suspects. The Constitutional Court declared both government applications admissible, but has not to date ruled on their merits.273Italian Prime Minister Romano Prodi declared274that important information 265. See Marty report 2006, supra note 6, pp. 27-28 (paragraphs 106-111). 266. See Marty report 2006, supra note 6, pp. 32-23 (paragraphs 133-149). 267. In place of Belarus, the candidature of which was strongly opposed by the Parliamentary Assembly’s Committee on Legal Affairs and Human Rights in a public appeal adopted on 14 May 2007. 268. See Marty report 2006, supra note 6, p. 37 (paragraph 162). 269. www.wsws.org, 29 January 2007. 270. See my description of these methods, supra at Section V.iii. 271. BBC NEWS/World/Europe/Italy orders CIA kidnapping trial; Chicago Tribune online edition, 17 March 2007. 272. Times Online, 16 February 2007. 273. See Chicago Tribune online edition, 17 March 2007. 274. www.wsws.org, 29 January 2007. 61