86 Report of the Eminent Jurists Panel on terrorism, counter-terrorism and human rights Respect for international human rights law requires that intelligence agencies, their behaviour, and international cooperation efforts be properly regulated and held to account. Yet, instead of transparency, the Panel heard that secrecy is growing: legal doctrines such as “state secrecy” or “public interest immunity” are being used to foreclose remedies to victims. Attempts to conceal human rights violations on national security grounds are not new,199 but the current counter-terrorism climate, in privileging intelligence needs, is encouraging yet greater secrecy. At the Brussels Hearing, the Panel heard from Armando Spataro, a prosecutor who has led the investigation and prosecution relating to the abduction from Italy of Hassan Mustafa Osama Nasr, known as Abu Omar. The abduction was allegedly organised by the CIA, with the assistance of Italian military intelligence services,200 but efforts in Italy to prosecute the case have been thwarted. The Italian Government challenged the production of key evidence before the Constitutional Court claiming that the prosecution’s investigation broke state secrecy laws by wiretapping and by introducing evidence of communications between intelligence officials about the kidnapping. In addition, the Italian Government issued a written order which prevents witnesses from testifying at trial on the grounds that the protection of state secrecy covers anything that affects Italian Intelligence cooperation with foreign intelligence services, including information linked to the events of the kidnapping of Abu Omar in Italy. At the time of writing, the proceedings have been suspended pending decision by the Constitutional Court.201 The Italian Government has failed to request the extradition of US officials allegedly involved, but the prosecutor has proceeded with the prosecution in absentia of, among others, twenty-six US citizens 199 The European Court of Human Rights (4 May 2001) upheld complaints that British security forces and others were guilty of breaching the human rights of twelve men killed in Northern Ireland: eight IRA men and a passer-by were shot in an ambush by the Special Air Service (SAS) in May 1987; two unarmed IRA members, one in 1982 and another one a decade later (1992), were killed by the Royal Ulster Constabulary (RUC); and in 1991 a Sinn Féin official was killed by Loyalist paramilitaries said to be acting in collusion with security forces. The European Court found that inquiries into the killings had been inadequate. The Court found that, among other problems, public interest immunity certificates had been used to conceal information. See Judgment of 4 May 2001, Hugh Jordan v. the United Kingdom, Application No. 24746/94; Judgment of 4 May 2001, McKerr v. the United Kingdom, Application No. 28883/95; Judgment of 4 May 2001, Kelly and Others v. the United Kingdom, Application No. 30054/96; and Judgment of 4 May 2001, Shanaghan v. the United Kingdom, Application No. 37715/97. Equally, see the jurisprudence of the Inter-American Court of Human Rights in Myrna Mack Chang v. Guatemala, Judgment of 25 November 2003, Series C No. 101, paras. 180, 181 and footnote 258. 200 Abu Omar (Hassan Mustafa Mosama Nasr) was abducted from the street in Milan in an “extraordinary rendition” carried out by the CIA with the collaboration of the SISMI (Italian Military Secret Services). He was taken to Aviano airbase and flown to Egypt, where he was delivered as a suspected terrorist in February 2003. Abu Omar spent nearly four years in the custody of the Egyptian intelligence services, where he was allegedly tortured. See the summary of the EJP European Union Hearing. 201 See Italian Constitutional Court, Admissibility Decision of 18 April 2007, President of the Council of Ministers v. Prosecutor, No. 124/2007; Decision of 18 April 2007, President of the Council of Ministers v. Examining Judge, No. 125/2007; Decision of 26 September 2007, Prosecutor v. President of the Council of Ministers, No. 337/2007; Decision of 26 September 2007, Examining Judge v. President of the Council of Ministers, No. 338/2007; Decision of 25 June 2008, President of the Council of Ministers v. Tribunal of Milan, No. 230/2008; and Decision of 17 December 2008, Tribunal of Milan v. President of the Council of Ministers, No. 425/2008.