By Phil Stewart
MILAN (Reuters) - An Italian judge could decide on
Wednesday to make Silvio Berlusconi the first head of a
government to testify in criminal proceedings over secret CIA
transfers of terrorism suspects.
Judge Oscar Magi is expected to announce his decision on
whether to call Berlusconi and other politicians when he
resumes a trial at 4 a.m. EDT against 26 Americans and seven
Italians accused of carrying out a transfer or "rendition" in
2003.
Prosecutors say a CIA-led team kidnapped a Muslim cleric
off the streets of Milan and secretly flew him to Egypt.
There, the terrorism suspect, Hassan Mustafa Osama Nasr,
says he was tortured under questioning and held for years
without charge before being released in 2007.
"I was tortured for 14 and a half months ... I suffer now
from heart and kidney problems. I have psychological problems.
My family is scattered," Nasr, also known as Abu Omar, told
Reuters at his apartment in the Egyptian city of Alexandria.
Berlusconi, who began his third term as premier last week,
was prime minister when Nasr disappeared and has defended the
Italian spy agency against accusations of wrongdoing.
A strong ally of U.S. President George W. Bush, Berlusconi
denied knowledge of any kidnapping plan. He has also opposed
the trial, arguing it could hurt Italy's reputation in the
global intelligence community.
"This is a trial that shouldn't happen," Berlusconi said in
2007, when the agents were indicted.
"The risk is that Italian secret agents won't ever be able
to collaborate with other intelligence agencies again."
Italy's former spy chief, General Nicolo Pollari, wants
Berlusconi and other past officials -- including former prime
minister Romano Prodi -- to testify about classified documents
he says prove he had nothing to do with a rendition.
"Berlusconi always defended Pollari in public because he
knows about these documents, classified as state secrets,"
Pollari's lawyer Titta Madia told Reuters, adding his client
believed 88 such documents exist.
"Berlusconi is aware that these documents show that General
Pollari expressed his opposition regarding illegal actions of
this kind, even to the point of threatening to resign."
Public prosecutors did not oppose Pollari's request for
Berlusconi and Prodi to testify, a fact that lawyers in the
case say could give the judge added reason to call upon them.
Among those indicted on kidnapping charges are Jeff
Castelli, the former CIA chief in Rome, and former CIA Milan
station chief Robert Lady.
The Americans -- almost all of them believed to be CIA
agents -- are being tried in absentia and a U.S. official has
made clear Washington will not turn them over to Italian
courts.
Berlusconi's previous administration refused to pass on
prosecutors' extradition requests to Washington.
Nasr said he believes that Berlusconi must have known about
the rendition, and detailed plans to sue Italy for 20 million
euros ($31 million) in damages.
"Sure Berlusconi knew about the case because it had to do
with the sovereignty of Italy," he said.
Nasr's wife is scheduled to testify in court on Wednesday.
It was Nasr's description of his abduction in a wiretapped
phone call to her in 2004 that tipped off investigators about a
possible rendition.
Time permitting, lead investigator Bruno Megale is also due
to testify on Wednesday about evidence that police say linked
U.S. and Italian spies to Nasr's disappearance.
(Additional reporting by Alaa Shahine in Alexandria,
Editing by Matthew Jones)