ITALY: MINISTER OF JUSTICE PUBLICLY CRITICIZES

C O N F I D E N T I A L ROME 003868 SIPDIS E.O. 12958: DECL: 11/23/2015 TAGS: PREL PGOV IT ITALIAN POLITICS SUBJECT: ITALY: MINISTER OF JUSTICE PUBLICLY CRITICIZES MAGISTRATE ON ABU OMAR CASE Classified By: DCM Anna Borg, for reasons 1.4 (b)(d). ¶1. (SBU) On November 22, Minister of Justice Roberto Castelli took the unusual step of publicly criticizing a member of Italy's highly independent magistracy over his ability to properly handle a particular case. Castelli called Armando Spataro a "militant," meaning a communist. On November 12, Spataro presented Castelli with requests for the provisional arrest in contemplation of extradition for 22 Americans involved in the alleged rendition of Egyptian Imam Abu Omar from Milan. ¶2. (SBU) Given Spataro's ideological bias, Castelli said he would need to "review the foundation of the accusations" made in the report to be sure they are not colored by the "anti-Americanism" typical of the extreme left. He told the press he would carefully review each case presented before making a decision. Castelli continued that Italian law provides the "Minister the authority to accept or reject" the request by the magistrate. He noted that rejection is "extremely rare" given the independence of the magistracy. Press reports said that an unnamed source in the Milan prosecutor's office called Castelli's comments "grave." ¶3. (C) Comment: In the 1960s and 1970s Italian communists made a concerted effort to "infiltrate" the judiciary; today, many Italian judges are considered to be sympathetic to the left and some have made decisions that undermine our shared security objectives. The January Milan judge's decision to release suspected terrorists on the grounds that they were freedom fighters is a case in point. As for the many cases filed against PM Berlusconi, the judiciary has an uncanny, almost strategic, knack for publicizing embarrassing charges at politically opportune times. ¶4. (C) Comment continued. Berlusconi's government certainly believes that judicial treatment of the Abu Omar case is an example of a politically motivated action directed, not at the U.S., but at Berlusconi in an further attempt to embarrass the Prime Minister. Castelli's very public criticism of Spataro is a sign he is willing to risk criticizing the judiciary in order to avoid precipitous action in this case. SPOGLI