On 17 February 2011, political refugee Abu Omar was abducted from Italian territory and transferred to Egypt where he remained in detention until 2007. During Abu Omar‘s trial, the Italian Government invoked the State secrets privilege to suppress information regarding Abu Omar‘s abduction and rendition. The Abu Omar case demonstrates the risks inherent in the potential for abuse of the invocation of State secrets and underscores the need to impose limitations on the scope of its application. There is reason to think that, as a general matter in times of crisis, we will overestimate our security needs and discount the value of liberty‘. The State secrets privilege must not be used as a mechanism for escaping accountability for failing to meet international human rights standards in relation to accused persons. This article explores how this principle is reflected in a judgment regarding the US extraordinary rendition programme issued by an Italian judge who prosecuted several of the liable agents and provides recommendations on improving accountability and transparency when State secrets are at issue in future cases.
State Secrets, Impunity and Human Rights Violations: Prosecution Restricted in The Abu Omar Case
DANISI, CARMELO
2011
Abstract
On 17 February 2011, political refugee Abu Omar was abducted from Italian territory and transferred to Egypt where he remained in detention until 2007. During Abu Omar‘s trial, the Italian Government invoked the State secrets privilege to suppress information regarding Abu Omar‘s abduction and rendition. The Abu Omar case demonstrates the risks inherent in the potential for abuse of the invocation of State secrets and underscores the need to impose limitations on the scope of its application. There is reason to think that, as a general matter in times of crisis, we will overestimate our security needs and discount the value of liberty‘. The State secrets privilege must not be used as a mechanism for escaping accountability for failing to meet international human rights standards in relation to accused persons. This article explores how this principle is reflected in a judgment regarding the US extraordinary rendition programme issued by an Italian judge who prosecuted several of the liable agents and provides recommendations on improving accountability and transparency when State secrets are at issue in future cases.I documenti in IRIS sono protetti da copyright e tutti i diritti sono riservati, salvo diversa indicazione.
