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Sabrina De Sousa

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Portuguese-American CIA operative
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Sabrina de Sousa
Born1956 (age 69–70)
Goa, Portuguese India
ConvictionKidnapping

Sabrina de Sousa (born 1956) is a Portuguese-American former CIA operative[1][2][3][4][5] who was convicted, in absentia, of kidnapping for her role in the 2003 abduction and rendition of Muslim cleric Abu Omar, who was seized in Milan and later tortured. Sousa was sentenced to four years in prison. A European Arrest Warrant was issued for her, and she was arrested in Portugal in 2015. After exhausting her appeals against extradition, she was granted a presidential commutation by Italy in February 2017 that halted the extradition. She was still required to perform community service when she left Italy for the United States in October 2019, citing fears for her safety.

In 2009, Sousa sued the State Department, arguing that it should grant her diplomatic immunity for her role in the case. The department denied she had immunity, and she lost the lawsuit. In a July 2013 interview with McClatchy, she confirmed she had worked undercover for the CIA at the time of the kidnapping, but maintained she played no role in it, was unaware of the plans, and was on a ski trip when it occurred.

Early life

Sousa was born in Goa, then part of Portuguese India, and grew up in Mumbai. She holds Portuguese and American citizenship, having naturalized as a U.S. citizen in 1985.[6]

Role in the abduction of Abu Omar

Main article: Abu Omar case

The underlying case, known as the "Abu Omar case" or the "Imam Rapito affair," concerns Hassan Mustafa Osama Nasr (Abu Omar), a Muslim cleric abducted by the CIA on February 17, 2003, and transported to Aviano Air Base before being transferred to Egypt, where he was interrogated and allegedly tortured.[7][8] The case involved "kidnapping charges in Italy for the seizure of a suspected terrorist."[9] The Italian government initially denied any role in the abduction, but prosecutors Armando Spataro and Ferdinando Pomarici indicted roughly two dozen American and Italian officials and agents.[10]

Sousa was among those indicted. She is not accused of physically abducting Nasr but is alleged to have helped produce false documents intended to mislead investigators.[11] Italian authorities issued an arrest warrant for her in 2006[12] and publicly named her in July 2008.[13] She has said she was on vacation at a ski resort in Madonna di Campiglio, roughly 130 miles from Milan, at the time of the abduction.[9]

Italian authorities describe Sousa as an intelligence officer[14][9] operating under diplomatic cover as part of a CIA network.[15] She has consistently identified herself as a diplomat.[14][9][6][16][12][17] She was registered with the U.S. Embassy in Rome as a Second Secretary while posted in Milan,[18] and worked for the State Department until resigning in February 2009.[14]

An Italian court convicted her of kidnapping on November 4, 2009, following a trial in absentia in which she pleaded not guilty.[19][20]

Detention and extradition proceedings

Sousa was detained at Lisbon Airport on October 5, 2015,[21][22] and her passport was confiscated based on the outstanding 2009 warrant.[21][22] In January 2016, a Portuguese court ordered her extradited to Italy.[22] She appealed, disputing the case against her and writing a memoir defending her account,[22] but on April 11, 2016, Portugal's Supreme Court denied the appeal and upheld the extradition order.[23][6]

She then appealed to Portugal's Constitutional Court, arguing that Portuguese and Italian law treated in absentia convictions differently — Portugal generally guarantees a retrial in such cases, while Italy does not. On June 8, 2016, the Constitutional Court upheld the extradition order, leaving Sousa again facing transfer to Italy.

Lawsuit for diplomatic immunity

Sousa sued in U.S. federal court for recognition as a diplomat with immunity from prosecution.[24] According to the Associated Press, she sought both diplomatic immunity and U.S. government-funded legal counsel in Italy, maintaining she had worked as a foreign service officer in Milan and had no role in Nasr's seizure; Italian prosecutors, by contrast, described her as a CIA officer under diplomatic cover and one of four American officials responsible for coordinating the operation.[9][25]

Sousa also argued that classified CIA documents existed that would have supported her defense but were withheld from her as state secrets, undermining her ability to contest the charges.[26][27][28][29]

Pardon and departure from Italy

Sousa ultimately lost all of her appeals against extradition.[26][27][30][31][32][33] Her lawyers told the Associated Press that Portuguese authorities took her into custody on February 20, 2017, ahead of her expected transfer to Italy.

On February 28, 2017, Italian President Sergio Mattarella commuted her sentence to three years — a threshold under Italian law that allowed her to serve the remainder under house arrest or community service rather than in prison.[34] Her original seven-year sentence had already been reduced to four years before the commutation.[19] Following the pardon, Italian prosecutors withdrew the extradition order.[34][35]

Sousa had publicly expressed hope that incoming U.S. President Donald Trump would intervene on her behalf,[36][37][38] and some observers speculated that diplomatic pressure from the new administration contributed to Italy's decision.[39][40][41]

In October 2019, Sousa left Italy for the United States, saying she feared for her safety.[42]

See also

References

  1. ^ "Behind the deal that freed former CIA officer Sabrina De Sousa". Newsweek.com. March 2, 2017. Retrieved December 11, 2021.
  2. ^ Povoledo, Elisabetta (March 1, 2017). "Italy Reduces Sentence for Ex-C.I.A. Officer Sought in Rendition Case". The New York Times. Retrieved December 11, 2021.
  3. ^ Hersher, Rebecca (March 1, 2017). "Ex-CIA Officer In Rendition Case Is Released After Italy Grants Partial Clemency". NPR. Retrieved December 11, 2021.
  4. ^ "Ex-CIA spy flees from Italy to U.S. fearing for her safety: paper". Reuters.com. October 27, 2019. Retrieved December 11, 2021.
  5. ^ "Archived copy". apnews.com. Archived from the original on November 28, 2020. Retrieved May 22, 2022.{{cite web}}: CS1 maint: archived copy as title (link)
  6. ^ a b c Raphael Minder (April 12, 2016). "Portuguese Supreme Court Upholds Extradition of C.I.A. Agent to Italy". The New York Times. Archived from the original on April 12, 2016. Retrieved April 13, 2016.
  7. ^ "Foto della Cia svela il sequestro dell'imam" [CIA photo reveals the kidnapping of the imam] (in Italian). Corriere della Sera. November 12, 2005. Archived from the original on November 24, 2005. Retrieved February 28, 2017.
  8. ^ "I pm di Milano: arrestate gli agenti della Cia" [Milan prosecutors: arrest the CIA agents] (in Italian). Corriere della Sera. June 24, 2005. Archived from the original on March 3, 2016. Retrieved April 12, 2016.
  9. ^ a b c d e Nedra Pickler, "Lawsuit seeks diplomatic immunity in Italian case," Associated Press, May 14, 2009; versions archived via Kansas City Star, AOL New Zealand, and CBS News.
  10. ^ "Rapimento Abu Omar, a giudizio l'ex capo del Sismi Nicolò Pollari", La Repubblica, February 16, 2007.
  11. ^ "Indy Bay". Retrieved May 14, 2009.
  12. ^ a b "Via Nazionale 230". European Tribune. July 7, 2006. Retrieved May 14, 2009.
  13. ^ Jeff Stein, "Italian Police Name CIA Contacts in Kidnap Trial," CQ Politics, July 10, 2008.
  14. ^ a b c Scott Shane (May 14, 2009). "Woman in Rendition Case Sues for Immunity". The New York Times. Archived from the original on September 27, 2015. Retrieved April 13, 2016.
  15. ^ "Statewatch.org". Retrieved May 14, 2009.
  16. ^ "Separated at birth". The Left Coaster. July 9, 2006. Archived from the original on July 2, 2016. Retrieved May 14, 2009.
  17. ^ Kevin Gosztola (July 27, 2013). "Former CIA Officer & Whistleblower Sabrina De Sousa & the 'Proper Channels' Myth". Firedoglake. Archived from the original on July 30, 2013. Retrieved July 29, 2013.
  18. ^ Stephen Grey, Ghost Plane: The True Story of the CIA Torture Program, p. 349, n. 45 (Macmillan, 2006), ISBN 978-0-312-36023-8.
  19. ^ a b Rachael Donadio (November 4, 2009). "Italy Convicts 23 Americans for C.I.A. Renditions". The New York Times. Archived from the original on January 15, 2016. Retrieved April 14, 2016.
  20. ^ "Sabrina De Sousa, Ex-CIA Whistleblower, Blames Bush For Defamation (VIDEO)". Huffington Post. July 31, 2013.
  21. ^ a b "Former CIA operative detained in Portugal over kidnapping of cleric". The Guardian. October 8, 2015. Retrieved October 10, 2015.
  22. ^ a b c d Minder, Raphael (January 15, 2016). "Portugal to Extradite Ex-C.I.A. Agent to Italy in Rendition Case". The New York Times. Retrieved February 23, 2016.
  23. ^ "Supremo rejeita recurso contra extradição de ex-agente da CIA detida em Lisboa". Sicnoticias.sapo.pt.
  24. ^ Ian Shapira (July 12, 2012). "Kidnapping unravels a spy's career". The Washington Post. Archived from the original on July 29, 2013. Retrieved July 29, 2013.
  25. ^ "Mumbai-born to Mata Hari: Sabrina de Sousa's story". Rediff.com. Retrieved December 11, 2021.
  26. ^ a b Crista Corbin (February 20, 2017). "Extradition under way for ex-CIA officer, despite appeals to Trump administration for help". Fox News. Retrieved February 20, 2017.
  27. ^ a b Patricia Kowsmann, Manuela Mesco (February 21, 2017). "Ex-CIA Agent Loses Appeal Against Extradition in Kidnapping Case". Wall Street Journal. Retrieved February 20, 2017.
  28. ^ Jonathan S. Landay (July 27, 2013). "U.S. allowed Italian kidnap prosecution to shield higher-ups, ex-CIA officer says". McClatchy News Service. Archived from the original on July 30, 2013.
  29. ^ Adrian Chen (January 31, 2013). "A Discussion with Accused CIA Agent Sabrina De Sousa". Gawker. Archived from the original on March 23, 2016. Retrieved July 29, 2013.
  30. ^ Barry Hatton (February 21, 2017). "Lawyer: Portugal to extradite ex-CIA agent to Italian jail". Lisbon: Yahoo News. Archived from the original on February 22, 2017. Retrieved February 20, 2017.
  31. ^ "Ex-agent to be extradited within days (2): Sabrina De Sousa convicted in Milan over Omar Nasr case". Lisbon: ANSA. February 21, 2017. Retrieved February 20, 2017.
  32. ^ Pete Hoekstra (June 17, 2016). "Obama administration's absurd priorities". Fox News. Retrieved June 20, 2016.
  33. ^ Kirchgaessner, Stephanie (June 8, 2016). "Ex-CIA officer faces extradition to Italy after final appeal rejected". The Guardian.
  34. ^ a b Elisabetta Povoledo (February 28, 2017). "Italy Reduces Sentence for Ex-C.I.A. Officer Sought in Rendition Case". The New York Times. Rome. Retrieved February 28, 2017.
  35. ^ Andrei Khalip (March 1, 2017). "Extradition of ex-CIA spy canceled, to be released in Portugal". Lisbon: Metro News US. Archived from the original on March 2, 2017. Retrieved March 1, 2017.
  36. ^ "Ex-agente da CIA Sabrina de Sousa, detida em Lisboa, "otimista" sobre possível intervenção de Trump" (in Portuguese). Sapo 24. February 23, 2017. Retrieved February 28, 2017.
  37. ^ "Ex-agente da CIA em Lisboa tenta perdão de Trump" (in Portuguese). Expresso. February 22, 2017. Retrieved February 28, 2017.
  38. ^ "Washington 'deeply disappointed' over imminent extradition of former CIA agent to Italy". Malaysia Outlook. February 23, 2017. Retrieved February 28, 2017.
  39. ^ Stephanie Kirchgaessner (February 28, 2017). "Ex-CIA officer pardoned for role in 2003 kidnapping of terrorism suspect". The Guardian. Rome. Retrieved February 28, 2017.
  40. ^ Elizabeth Llorente (January 17, 2017). "Ex-CIA officer braces for extradition from Portugal to Italy, says she's 'scapegoat'". Fox News. Retrieved February 28, 2017.
  41. ^ Suhasini Krishnan (February 24, 2017). "US Steps In to Stop Indian-Origin CIA Spy's Extradition to Italy". The Quint. Retrieved February 28, 2017.
  42. ^ "Ex-CIA spy flees Italy in mysterious circumstances saying she fears for her safety". Independent.co.uk. October 27, 2019.
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