Italian intelligence agencies
Encyclopedia
Italian intelligence agencies have been reorganized many times since the 1946 birth of the Italian Republic
in an attempt to increase their effectiveness and bring them more fully under civilian control.
, for "conspiracy against the state" following the attempted Golpe Borghese
(Borghese Coup). Legislative Act n.801 of 24/10/1977 then reorganized intelligence agencies a democratic attempt. This re-organization mainly consisted of:
Another scandal succeeded to Prime minister Giulio Andreotti
's public revelation, on 24 October 1990, of the existence of Gladio
, a stay-behind
anti-Communist network supported by NATO which was accused by the Left of having engaged in the "strategy of tension
" during the Years of Lead.
, in November 2006, after his indictment in the Imam Rapito affair
, which concerned the "extraordinary rendition
" and kidnapping of Hassan Mustafa Osama Nasr
(aka Abu Omar) in Milan in 2003. As part of the judiciary investigation on the abduction of Abu Omar, a SISMI-run black operation targeting center-left politician Romano Prodi
and a vast domestic surveillance program, involving the Telecom
, was uncovered. The planting of disinformation
through paid informants in the Italian press as well as misleading of justice has also been underlined.
Beside the Imam Rapito affair, the SISMI was implicated in the Niger uranium forgeries scandal, during which SISMI agents transmitted false documents to US President George W. Bush
, which were used as main pretext in the invasion of Iraq.
Finally, Italian magistrates searching the SISMI's headquarters in August 2007 found documents proving that the intelligence agency had spied over various European magistrates between 2001 and 2006, who it considered carrying a "destabilization" potential. These included the Medel
, a European association of magistrates, as well as three French judges, including Anne Crenier, former president of the Syndicat de la magistrature
French union, who is married to Italian magistrate Mario Vaudano who works at the European Anti-Fraud Office (OLAF).
of Romano Prodi
enacted the Legislative Act n.124 of 08/03/2007, which created a new "information system for security," placing in particular the intelligence agencies more closely under the Prime Minister's supervision, who is responsible for nominating directors and deputy directors of each agencies, and which
It replaced the SISDE, SISMI and CESIS by Agenzia Informazioni e Sicurezza Interna
(AISI; internal information and security agency), Agenzia Informazioni e Sicurezza Esterna
(AISE, external information and security agency) and Dipartimento delle Informazioni per la Sicurezza
(DIS, security information department), and the COPACO
, transformed into the Comitato interministeriale per la sicurezza della Repubblica (CISR, Interministerial committee for the security of the Republic) was granted additional oversight and control powers, and is still chaired by the Prime minister. It also comprises the ministers for foreign affairs, home affairs, defence, justice and economy. The DIS general director will act as secretary of this body.
While the intelligence agencies were before this reform mainly divided into the SISMI, dependent of the Defense Ministry, and the SISDE, part of the Interior Ministry, the main division line now passes between "internal" and "external" security. On the other hand, the Italian military
's new intelligence agency, the Reparto informazioni e sicurezza dello Stato maggiore della difesa (RIS), is not integrated into this "information system for security". Its function is limited "exclusively" to activities of a technical military and military police nature, particularly with regards to collecting information to protect armed force outposts and activities abroad, in co-ordination with AISE.
According to Statewatch
, "the law also envisages the adoption of a regulation including provisions to guarantee the information services access to the computer archives of public administrations and public utility providers, with technical means of monitoring what personal data was checked after the event."
Furthermore, the "intelligence services are forbidden from employing or commissioning advisory or co-operation services from elected politicians at the European, national, regional and local level, members of governing bodies or constitutional bodies, judges, religious ministers and journalists."
The DIS will have an investigation office to verify that the activities of the various agencies respect rule of law
, and will also have powers to conduct internal investigations.
The commission of illegal acts by intelligence officers, detailed in the law and excluding license to kill, will have to be authorised, case by case, by the Prime Minister or delegated authority, in compliance with a principle of "special cause for justification" for such conduct, as part of an "authorised operation". Such permission will have to be motivated, in writing, and may be subsequently revoked. In cases of "absolute urgency" that do not allow the normal procedure for authorisation to be followed, agency directors may authorise the activities, informing the Prime Minister and DIS "immediately", and explaining the reasons for such a course of action. According to the new law, the principle of justification is not applicable to actions:
"Authorized operations" explicitly excluded ordinary illegal acts which would be carried in the offices of political parties
, in regional parliaments or councils, trade union
offices, or if they target professional journalists. Aiding and abetting
is allowed, except for cases involving false testimony before judicial authorities, concealing evidence of a crime or where there is an intention to mislead investigations. Three to ten-year prison sentences are envisaged for officers who illegally fix the conditions under which "authorized operations" are granted.
3 to 10 years prison sentences may be incurred for compiling illegal dossiers outside of the intelligence agency's objectives, with secret archives also forbidden.
State secret
status may cover "documents, news, activities or any other thing." Declaring "things" a state secret falls under the prerogative of the Prime Minister, who may do so for 15 years period, renewable to 30. It may not be applied to activities involving subversion
, terrorism
or to attacks aimed at causing deaths. In particular, the Constitutional Court may not be denied access to documents on the basis of them being state secrets. The PM can lift state secret when the initial motivations for it do not apply anymore. State secret may also be lifted for the COPACO if the unanimity of its members agree to do so.
Birth of the Italian Republic
The Italian constitutional referendum which officially took place on 2 June 1946, is a key event of Italian contemporary history. Until 1946, Italy was a kingdom ruled by the House of Savoy, kings of Italy since the Risorgimento and previously rulers of Savoy...
in an attempt to increase their effectiveness and bring them more fully under civilian control.
1970s-2007
A scandal rocked Italy and its intelligence agencies in 1977, after the arrest of a former chief of Servizio Informazioni Difesa (SID), General Vito MiceliVito Miceli
Vito Miceli was an Italian general and politician. He was chief of the SIOS , Italian Army Intelligence's Service from 1969 and SID's head from October 18, 1970 to 1974...
, for "conspiracy against the state" following the attempted Golpe Borghese
Golpe Borghese
The Golpe Borghese was a failed Italian coup d'état allegedly planned for the night of 7 or 8 December 1970. It was named after Junio Valerio Borghese, an Italian World War II commander of the notorious Xª MAS unit, the "Black Prince", convicted of war crimes, but still a hero in the eyes of many...
(Borghese Coup). Legislative Act n.801 of 24/10/1977 then reorganized intelligence agencies a democratic attempt. This re-organization mainly consisted of:
- The split of SID, the intelligence agency at that time, into two separate agencies with different roles: SISDESISDEServizio per le Informazioni e la Sicurezza Democratica , was the domestic intelligence agency of Italy.With the reform of the Italian Intelligence Services approved on 1 August 2007, SISDE was replaced by AISI....
(the domestic one, for the defence of democratic institutions, run by the Interior affairs ministry) and SISMISISMIServizio per le Informazioni e la Sicurezza Militare was the military intelligence agency of Italy from 1977-2007....
(the military secret service, run by the Defence Ministry). - The creation of CESISCESISComitato Esecutivo per i Servizi di Informazione e Sicurezza was an Italian government committee whose mission was the coordination of all the intelligence sector, and specifically between the two civilian and military intelligence agencies , with the aim to report all the relevant information...
, with a coordination, analysis and direction role between the two intelligence agencies, put under the authority of the Presidency of the Council of Ministers, and ultimately responsible for the intelligence structure. - The creation of the Parliamentary Committee, COPACOCOPACOComitato Parlamentare di Controllo per i Servizi di Informazione e Sicurezza e per il Segreto di Stato , is a body of the Italian Parliament deputed to survey and oversee the activities of the Italian intelligence agencies.- History :Since the end of World War II, Italian intelligence...
, to oversee the activities of the two agencies.
Another scandal succeeded to Prime minister Giulio Andreotti
Giulio Andreotti
Giulio Andreotti is an Italian politician of the now dissolved centrist Christian Democracy party. He served as the 42nd Prime Minister of Italy from 1972 to 1973, from 1976 to 1979 and from 1989 to 1992. He also served as Minister of the Interior , Defense Minister and Foreign Minister and he...
's public revelation, on 24 October 1990, of the existence of Gladio
Gladio in Italy
While "stay-behind" anti-communist networks existed in all NATO countries, the Italian branch of Operation Gladio was the first one to be discovered. It was set up under Minister of Defense Paolo Taviani's supervision...
, a stay-behind
Stay-behind
In a stay-behind operation, a country places secret operatives or organisations in its own territory, for use in the event that the territory is overrun by an enemy. If this occurs, the operatives would then form the basis of a resistance movement, or would act as spies from behind enemy lines...
anti-Communist network supported by NATO which was accused by the Left of having engaged in the "strategy of tension
Strategy of tension
The strategy of tension is a theory that describes how to divide, manipulate, and control public opinion using fear, propaganda, disinformation, psychological warfare, agents provocateurs, and false flag terrorist actions....
" during the Years of Lead.
New scandals
In the 2000s, the SISMI became again the target of national controversy, leading to the resignation of its chief, Nicolò PollariNicolò Pollari
Nicolò Pollari is a general of the Italian Guardia di Finanza, who was the former head of Italy's national military intelligence agency, or SISMI, until his resignation on 20 November 2006.He was born in Caltanissetta, Sicily....
, in November 2006, after his indictment in the Imam Rapito affair
Imam Rapito affair
The Abu Omar Case refers to the abduction and transfer to Egypt of the Imam of Milan Hassan Mustafa Osama Nasr, also known as Abu Omar...
, which concerned the "extraordinary rendition
Extraordinary rendition
Extraordinary rendition is the abduction and illegal transfer of a person from one nation to another. "Torture by proxy" is used by some critics to describe situations in which the United States and the United Kingdom have transferred suspected terrorists to other countries in order to torture the...
" and kidnapping of Hassan Mustafa Osama Nasr
Hassan Mustafa Osama Nasr
Hassan Mustafa Osama Nasr , also known as Abu Omar, is an Egyptian cleric. In 2003 he was living in Milan, Italy, from where he was kidnapped and allegedly later tortured in Egypt. This "Imam rapito affair" prompted a series of investigations in Italy, culminating in the criminal convictions of...
(aka Abu Omar) in Milan in 2003. As part of the judiciary investigation on the abduction of Abu Omar, a SISMI-run black operation targeting center-left politician Romano Prodi
Romano Prodi
Romano Prodi is an Italian politician and statesman. He served as the Prime Minister of Italy, from 17 May 1996 to 21 October 1998 and from 17 May 2006 to 8 May 2008...
and a vast domestic surveillance program, involving the Telecom
SISMI-Telecom scandal
The SISMI-Telecom scandal, uncovered in Italy in 2006, refers to a surveillance scandal believed to have begun in 1996, under which more than 5,000 persons' phones were tapped.- First arrests :...
, was uncovered. The planting of disinformation
Disinformation
Disinformation is intentionally false or inaccurate information that is spread deliberately. For this reason, it is synonymous with and sometimes called black propaganda. It is an act of deception and false statements to convince someone of untruth...
through paid informants in the Italian press as well as misleading of justice has also been underlined.
Beside the Imam Rapito affair, the SISMI was implicated in the Niger uranium forgeries scandal, during which SISMI agents transmitted false documents to US President George W. Bush
George W. Bush
George Walker Bush is an American politician who served as the 43rd President of the United States, from 2001 to 2009. Before that, he was the 46th Governor of Texas, having served from 1995 to 2000....
, which were used as main pretext in the invasion of Iraq.
Finally, Italian magistrates searching the SISMI's headquarters in August 2007 found documents proving that the intelligence agency had spied over various European magistrates between 2001 and 2006, who it considered carrying a "destabilization" potential. These included the Medel
Magistrats Européens pour la Démocratie et les Libertés
Magistrats Européens pour la Démocratie et les Libertés is a European association of judges and public prosecutors, set up in 1985 to promote a progressive vision of justice in Europe....
, a European association of magistrates, as well as three French judges, including Anne Crenier, former president of the Syndicat de la magistrature
Syndicat de la Magistrature
The Syndicat de la Magistrature is the French second largest magistrates trade union - in terms of membership - after the more conservative Union syndicale des magistrats....
French union, who is married to Italian magistrate Mario Vaudano who works at the European Anti-Fraud Office (OLAF).
The March 2007 reform
Henceforth, the new center-left governmentProdi II Cabinet
The Prodi II Cabinet was the cabinet of the government of Italy from 17 May 2006 to 8 May 2008, a total of 722 days, or 1 year, 11 months and 21 days...
of Romano Prodi
Romano Prodi
Romano Prodi is an Italian politician and statesman. He served as the Prime Minister of Italy, from 17 May 1996 to 21 October 1998 and from 17 May 2006 to 8 May 2008...
enacted the Legislative Act n.124 of 08/03/2007, which created a new "information system for security," placing in particular the intelligence agencies more closely under the Prime Minister's supervision, who is responsible for nominating directors and deputy directors of each agencies, and which
It replaced the SISDE, SISMI and CESIS by Agenzia Informazioni e Sicurezza Interna
Agenzia Informazioni e Sicurezza Interna
The Agenzia Informazioni e Sicurezza Interna , commonly known as AISI, is the domestic intelligence agency of Italy...
(AISI; internal information and security agency), Agenzia Informazioni e Sicurezza Esterna
Agenzia Informazioni e Sicurezza Esterna
The Agenzia Informazioni e Sicurezza Esterna , commonly known as AISE and formerly known as SISMI, is the external intelligence agency of Italy. Operating outside of Italy, the organisation protects Italy's regional interests mainly through the use of HUMINT.-External links:*...
(AISE, external information and security agency) and Dipartimento delle Informazioni per la Sicurezza
Dipartimento delle Informazioni per la Sicurezza
The Dipartimento delle Informazioni per la Sicurezza is a department of the Presidency of the Council of Ministers of Italy, instituted in 2007 as part of the reform of the Italian security services...
(DIS, security information department), and the COPACO
COPACO
Comitato Parlamentare di Controllo per i Servizi di Informazione e Sicurezza e per il Segreto di Stato , is a body of the Italian Parliament deputed to survey and oversee the activities of the Italian intelligence agencies.- History :Since the end of World War II, Italian intelligence...
, transformed into the Comitato interministeriale per la sicurezza della Repubblica (CISR, Interministerial committee for the security of the Republic) was granted additional oversight and control powers, and is still chaired by the Prime minister. It also comprises the ministers for foreign affairs, home affairs, defence, justice and economy. The DIS general director will act as secretary of this body.
While the intelligence agencies were before this reform mainly divided into the SISMI, dependent of the Defense Ministry, and the SISDE, part of the Interior Ministry, the main division line now passes between "internal" and "external" security. On the other hand, the Italian military
Military of Italy
The Italian armed forces are the military of Italy, they are under the command of the Italian Supreme Council of Defence, presided over by the President of the Italian Republic. The total number of active military personnel is 293,202...
's new intelligence agency, the Reparto informazioni e sicurezza dello Stato maggiore della difesa (RIS), is not integrated into this "information system for security". Its function is limited "exclusively" to activities of a technical military and military police nature, particularly with regards to collecting information to protect armed force outposts and activities abroad, in co-ordination with AISE.
According to Statewatch
Statewatch
Statewatch is a non-profit organization founded in 1991 that monitors the state and civil liberties in the European Union. It is composed of lawyers, academics, journalists, researchers and community activists. Its European network of contributors is drawn from 14 countries...
, "the law also envisages the adoption of a regulation including provisions to guarantee the information services access to the computer archives of public administrations and public utility providers, with technical means of monitoring what personal data was checked after the event."
Furthermore, the "intelligence services are forbidden from employing or commissioning advisory or co-operation services from elected politicians at the European, national, regional and local level, members of governing bodies or constitutional bodies, judges, religious ministers and journalists."
The DIS will have an investigation office to verify that the activities of the various agencies respect rule of law
Rule of law
The rule of law, sometimes called supremacy of law, is a legal maxim that says that governmental decisions should be made by applying known principles or laws with minimal discretion in their application...
, and will also have powers to conduct internal investigations.
The commission of illegal acts by intelligence officers, detailed in the law and excluding license to kill, will have to be authorised, case by case, by the Prime Minister or delegated authority, in compliance with a principle of "special cause for justification" for such conduct, as part of an "authorised operation". Such permission will have to be motivated, in writing, and may be subsequently revoked. In cases of "absolute urgency" that do not allow the normal procedure for authorisation to be followed, agency directors may authorise the activities, informing the Prime Minister and DIS "immediately", and explaining the reasons for such a course of action. According to the new law, the principle of justification is not applicable to actions:
"Authorized operations" explicitly excluded ordinary illegal acts which would be carried in the offices of political parties
Political Parties
Political Parties: A Sociological Study of the Oligarchical Tendencies of Modern Democracy is a book by sociologist Robert Michels, published in 1911 , and first introducing the concept of iron law of oligarchy...
, in regional parliaments or councils, trade union
Trade union
A trade union, trades union or labor union is an organization of workers that have banded together to achieve common goals such as better working conditions. The trade union, through its leadership, bargains with the employer on behalf of union members and negotiates labour contracts with...
offices, or if they target professional journalists. Aiding and abetting
Aiding and abetting
Criminal=Aiding and abetting is an additional provision in United States criminal law, for situations where it cannot be shown the party personally carried out the criminal offense, but where another person may have carried out the illegal act as an agent of the charged, working together with or...
is allowed, except for cases involving false testimony before judicial authorities, concealing evidence of a crime or where there is an intention to mislead investigations. Three to ten-year prison sentences are envisaged for officers who illegally fix the conditions under which "authorized operations" are granted.
3 to 10 years prison sentences may be incurred for compiling illegal dossiers outside of the intelligence agency's objectives, with secret archives also forbidden.
State secret
State Secret
State Secret is a 1950 British drama film directed by Sidney Gilliat and starring Douglas Fairbanks Jr., Jack Hawkins, Glynis Johns and Herbert Lom. It was released in the United States under the title The Great Manhunt.-Cast:...
status may cover "documents, news, activities or any other thing." Declaring "things" a state secret falls under the prerogative of the Prime Minister, who may do so for 15 years period, renewable to 30. It may not be applied to activities involving subversion
Subversion (politics)
Subversion refers to an attempt to transform the established social order, its structures of power, authority, and hierarchy; examples of such structures include the State. In this context, a "subversive" is sometimes called a "traitor" with respect to the government in-power. A subversive is...
, terrorism
Terrorism
Terrorism is the systematic use of terror, especially as a means of coercion. In the international community, however, terrorism has no universally agreed, legally binding, criminal law definition...
or to attacks aimed at causing deaths. In particular, the Constitutional Court may not be denied access to documents on the basis of them being state secrets. The PM can lift state secret when the initial motivations for it do not apply anymore. State secret may also be lifted for the COPACO if the unanimity of its members agree to do so.