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Former Guantanamo Detainees Now in Italy Still No Justice

by Barbara McPherson | December 10, 2009 at 09:51 am

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Amnesty International has urged the Italian government to ensure that former Guantanamo detainees receive fair trials in Italy. Tunisian citizens, Adel Ben Mabrouk and Riadh Nasseri were incarcerated in the Guantanamo Prison for seven years without charge before being turned over to Italian authorities in November. They are suspected of committing terrorism related crimes while in Italy.

Amnesty International is requesting that the Italian government not expel Mabrouk and Nasseri to Tunisia where the probability of torture and ill treatment is high, instead lawfully detaining the men in Italy until a fair trial can be conducted. In addition, they are seeking that any evidence obtained under torture while at Guantanamo Prison be excluded from any trial.

Amnesty International also urges the Italian authorities to guarantee that Adel Ben Mabrouk and Riadh Nasseri will not be expelled or deported to Tunisia or to any other country where they would be at risk of torture or other ill-treatment.

In recent years, the Italian government has attempted to deport and has deported a number of Tunisian nationals to Tunisia, in some cases in violation of rulings issued by the European Court of Human Rights.

The Court has also ruled that Italy violated the absolute ban on returns to risk of torture by sending some back to Tunisia. Amnesty International subsequently learned that some of the people returned to Tunisia reported being subjected to torture or other ill-treatment.

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Babel-Fish

at 10:02 on December 10th, 2009

If they are found guilty of terrorism in Italy it would to my mind justify the crime of killing innocent people to send them back to Tunisia.

Karl Gotthardt - albertacowpoke

at 10:57 on December 10th, 2009

You can rest assured that Amnesty International will demand the same of those being tried by Military Tribunal in the U.S. They will definitely be watching the trial of KLM and four others in NYC closely. How will the Obama Administration react to that pressure?

nanute

at 13:05 on December 10th, 2009

I think the larger question is, why after being held for 7 years by the United State at Guantanamo, why were they released to begin with? The implication being that we didn't have enough evidence to try them as terrorists in tribunals or open court? 7 Years seems like a mighty long time to build a case. Something doesn't seem right here.

stejeb

at 13:57 on December 10th, 2009

I agree, in fact, if a case couldn't be made after holding them for that long, surely Amnesty should now be looking at a speedy resolution of anything from the Italians, after all, they've also had those seven years.

Karl Gotthardt - albertacowpoke

at 14:25 on December 10th, 2009

Justice is not as simple as that. These people can't be send back to Tunesia for fear of being persecuted. If the US considers them to be terrorists, do the Italians want to release them to walk free in their society? I think not. If it's not good enough for the US, why should it be good enough for the Italians?

Most of the detainees released to third countries are in exactly that boat. Eventually the rubber is going to hit the road. There are a few more like that in Gitmo and sooner or later a decision has to be made. They either get released in the U.S. or they are detained without charges. How long will that last?

nanute

at 14:47 on December 10th, 2009

Who said anything about justice? I realize it isn't a popular opinion, but justice went out the window with indefinite detention, rendition and torture. How can we possibly consider them to be terrorists, and release them to Italian authorities? Now we wish to make the Italians a party to our notions of how suspected terrorists are treated? What am I missing here ACP? Why on earth would the Italians accept them to being with?

Karl Gotthardt - albertacowpoke

at 14:55 on December 10th, 2009

We don.t have a disagreement here nanute, I was just trying to point out how complicated this all really is. This was all done in the spirit of closing Guantanamo prison and the repercussions are just starting to bite people in the butt.