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