Article

2007-10-26 Europe

Rome judge throws out case against US soldier

ROME (AFP) A Rome judge on Thursday threw out a case against a US soldier for killing a top Italian intelligence agent in Iraq in 2005, saying Italy does not have jurisdiction to try him.
Took him long enough.
Specialist Mario Lozano had gone on trial in absentia in April, accused of "voluntary homicide" over the shooting of Nicola Calipari, deputy director of Italian military intelligence, near Baghdad airport in March 2005. Thousands attended Calipari's funeral in a case that strained relations between Washington and Rome, whose separate investigations into the incident came to widely differing conclusions. Calipari, who had just freed left-wing Italian journalist Giuliana Sgrena from kidnappers, shielded her during the hail of gunfire unleashed on their car from a mobile checkpoint. Sgrena, who was seriously wounded, was suing for damages at the trial.

The US probe exonerated Lozano, concluding that US troops were not informed that the car carrying the freed journalist was passing through. They say it was driving too fast and did not slow down when signalled. Lozano, 37, insists he merely did his duty in opening fire on the Italians' car.

A New York National Guardsman, Lozano broke two years of public silence on the eve of the trial when he told the New York Post that Sgrena's vehicle was moving at speed towards his checkpoint. "If you hesitate, you come home in a box -- and I didn't want to come home in a box. I did what any soldier would do in my position," Lozano said.

The US side maintains that the Italian authorities had informed the US forces of the operation to free Sgrena after a month in captivity and that there was a breakdown in their communications when the Italians' car was heading to the airport. Rome has never accepted these explanations and refused to sign a joint report, and its own investigation was signed by, among others, the pro-US then defence minister Antonio Martino. The Italians determined that the shooting was the result of an error of judgement and inexperienced soldiers patrolling the airport road and concluded that Lozano was probably frightened when he fired on the three Italians.

Ballistics experts found that driver Andrea Carpani, another secret service officer, was driving at a normal speed and that US troops gave no warnings before opening fire. The Italian probe also found that there were no signposts warning of the checkpoint. Reacting to Thursday's decision, Sgrena told AFP: "I find this ruling incredible. US arrogance has won." She added: "Calipari was celebrated as a hero, and now they don't want to know what happened. This is very serious."

Simone Sabattini, a lawyer for the civil plaintiffs, told AFP that Thursday's ruling would be appealed. The higher cassation court will review only the formal aspects of the proceedings. The prosecution had argued that the US military had forfeited its option of trying Lozano.

"There were a lot of reasons" why Rome does not have jurisdiction, said Lozano's lawyer Alberto Biffani, who had argued that as a member of the US military, Lozano was "a person who represented an organ of the United States" and enjoyed immunity. He also cited a letter by then US secretary of state Colin Powell that was attached to a UN resolution stating that each member of the US-led coalition "has the responsibility of jurisdiction over its own forces."

Prosecutor Erminio Amelio told the court last month that each coalition member had "concurrent jurisdiction" and that by opting not to try Lozano, the United States had "officially declined its potential active jurisdiction" in the case.
Powell's letter to the UN Security Council was "unilateral," he added, and does not have the force of law.

Posted by 2007-10-26 00:00|| || Front Page|| [11135 views ] Top
File under: Iraqi Insurgency

#1 I told you then that if you try to run a checkpoint, you would be dead no matter who you were. The signs are almost as big as the Vatican. I told you not to mess with the case then, and I AM telling you that you need to absolve this soldier now.

Posted by newc">newc 2007-10-26 03:22|| 2007-10-26 03:22|| Front Page Top

#2 "Ballistics experts found that Carpani was driving at a normal speed and that US troops gave no warnings before opening fire."

Those are amazing ballistics experts who can figure out how fast the vehicle was moving and that no warnings were given. Ho DO they do that?

Posted by Glenmore">Glenmore 2007-10-26 07:55|| 2007-10-26 07:55|| Front Page Top

#3 "Ballistics experts found that Carpani was driving at a normal speed and that US troops gave no warnings before opening fire."

Those are amazing ballistics experts who can figure out how fast the vehicle was moving and that no warnings were given. Ho DO they do that?

Just like any liberal statement it's big on hype and short on facts.

Posted by Cyber Sarge 2007-10-26 08:25|| 2007-10-26 08:25|| Front Page Top

#4 I may be confused, but I seem to recall there was some UAV surveillance footage showing the vehicle moving fast. In any case, ignoring checkpoints will not enhance your lifespan.

Posted by SteveS 2007-10-26 10:31|| 2007-10-26 10:31|| Front Page Top

#5 A normal speed for any highway in Italy.

Posted by AlanC 2007-10-26 12:02|| 2007-10-26 12:02|| Front Page Top

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