An Italian judge indicted 26 Americans and five Italians on Friday for what will be the first criminal trial related to the CIA's extraordinary rendition program.
Prosecutors allege that the Italians and the Americans, mostly all CIA agents, worked together to abduct terror suspect Osama Moustafa Hassan Nasr from a street in Milan on Feb. 17, 2003.
After his abduction, the Egyptian cleric was allegedly taken to the Aviano Air Force base near Venice and then by air to the Ramstein Air Base in Germany.
From there he was taken to Egypt where he was allegedly tortured.
Of the 26 American suspects, all but one have been identified as CIA agents. They include the former station chiefs in Rome and Milan.
The case has cast a negative light on intelligence operations as prosecutors continue to press the Italian government to seek the extradition of the CIA agents.
It is unlikely that the U.S. will turn over the agents if a request is made for their extradition.
The CIA has refused to comment on the case.
Former Italian chief of military intelligence Nicolo Pollari, who is also indicted, was the only defendant to appear during the preliminary hearing.
He told the judge that he could not properly defend himself because documents related to his case have been classified as they contain state secrets.
The CIA agents all have court appointed lawyers who say they have not had any contact with their clients.
"It's a defence in the dark," said Guido Meroni, a lawyer who represents six of the Americans.
Meroni said the evidence linking his clients to Nasr's disappearance is circumstantial.
Prosecutors say the alleged kidnapping operation breached Italian sovereignty and jeopardized Italy's own anti-terrorism efforts.
At the time of his abduction, Nasr was being investigated for terrorism-related activities. A warrant for his arrest was eventually issued by Milan prosecutors more than two years after he disappeared.
Allegedly tortured during his four year imprisonment in Egypt, Nasr was released from jail earlier this week. His lawyer told reporters that Nasr wants to return to Italy where he was staying as a political refugee.
With files from The Associated Press
