US embassy cable - 05ROME3868

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