Abstract. — By a judgment rendered on 23 February 2016, the European Court\ud
of Human Rights found that Italy was in breach of its obligations under the European\ud
Convention for its role in the abduction of Abu Omar, who was transferred to Egypt\ud
where he was then secretly detained and tortured. He was the victim of an extraordinary\ud
rendition within a program set by the United States after 11 September 2001 with\ud
the complicity of several States. Following the abduction of Abu Omar, various\ud
criminal proceedings were opened in Italy against twenty-six Central Intelligence\ud
Agency (CIA) members and some Italian secret service agents involved in the abduction.\ud
The CIA agents were sentenced to imprisonment, but the Italian Government did\ud
not request their extradition. Because of the privilege of “State secret” invoked by the\ud
Italian Government, no Italian secret agent was sentenced.\ud
The judgment of the European Court raises several interesting questions. The\ud
present paper focuses on two issues: first, the basis of Italy’s responsibility because of\ud
its cooperation in the extraordinary rendition of Abu Omar; second, the compatibility\ud
of the resort to “State secrets” with the protection of human rights under the European\ud
Convention. The paper maintains that responsibility has not to be linked with the\ud
complicity in a wrongful act of another State, but in the breach of a positive obligation\ud
of protection under the Convention
