Mohammad Munaf (Iraqi)
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This article is about the Iraqi American charged with kidnapping Romanian journalists. For the Pakistani cricketer, see Mohammad Munaf
Mohammed Munaf (born in 1952 or 1953) is an Iraqi-American. Originally from Iraq, Munaf immigrated to the United States and became a U.S. citizen in 2000 and in the following year he immigrated to Romania with his wife and three children. He is known mostly for his alleged involvement in the kidnapping of journalists in 2005, for which he was sentenced to death by an Iraqi court in October 2006. He is currently being held in Iraq by MNF-I awaiting transfer to the Iraqi government.
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[edit] Kidnapping Trial
[edit] Background
In March of 2005, Munaf, traveled to Iraq alongside three Romanian journalists, Marie Jeanne Ion, 32, Sorin Mişcoci, 30, and Ovidiu Ohanesian, 37, to act as their guide and translator. Shortly thereafter, all four were taken hostage when their vehicle was blocked in by several armed men. The four hostages were held for approximately 55 days, during which time a video was recorded and broadcasted with the journalists pleading for Romania to pull its troops out of Iraq. On May 22, 2005, MNF-I Forces[1] freed the victims. The three Romanian Journalists were freed, but Munaf was detained in MNF-I custody due to his suspected involvement in the kidnapping plan.
[edit] Iraqi Trial
Munaf and his five co-conspirators were taken to trial at the Central Criminal Court of Iraq (CCCI) in Baghdad, Iraq. The CCCI uses an inquisitorial system to adjudicate matters, not the adversarial method as used in the United States and elsewhere. Prior to the actual trial, Munaf and his five co-conspirators had confessed about their involvement in the kidnapping plot at several investigative hearings before an Investigative Hearing Judge. At the trial, a panel of three trial judges at CCCI found Munaf and his co-conspirators guilty under part G, D and H of Article 421 of the Iraqi Penal Code and sentenced all six to death. At the trial, Munaf and his co-conspirators recanted their previous confessions and denied any involvement in the kidnapping plan. Since a death penalty was imposed by the Iraqi judges, Munaf's case will be automatically appealed to the Iraqi Court of Cassation. Munaf is being held in MNF-I custody in Baghdad, Iraq. After his appeal in the Iraqi courts is complete, he will be turned over to the custody of the Iraqi Government.
[edit] Allegation of an Unfair Iraqi Trial
Munaf was represented at his trial at CCCI by Badie Arrief Izzat, an Iraqi attorney. Izzat alleges that the trial was unfair because Munaf was not allowed to bring or question any witnesses at the trial. In addition, Izzat alleges that the judge was ready to dismiss the case of his client, but that shortly after two U.S. military officials privately spoke with the judge the death penalty verdict was handed down. Munaf's defense team also alleges that his confession was produced under torture and that their client was nothing more than a captured hostage during the kidnapping episode. These allegations were set forth in an unsworn declaration in writing under penalty of perjury submitted to the United States District Court for the District of Columbia from Sean Riordan, then a third year law student at UCLA School of Law who was working as an intern at the Brennan Center for Justice at NYU School of Law.[1] The US Government provided rebuttals to these allegations in several sworn declarations filed with the court during the US proceedings.[2]
[edit] Mohammed v. Harvey
On October 13, his lawyers filed a habeas corpus petition in the U.S. District Court for the District of Columbia (Mohammed v. Harvey) seeking release from the Secretary of the Army's unlawful custody and to block the transfer of Munaf to Iraqi custody. On October 19, Judge Royce Lamberth dismissed the petition and denied the motions for the temporary restraining order sua sponte.[3] In the memorandum opinion dismissing the petition, the judge stated that he lacked jurisdiction because Munaf is being held in MNF-I custody, not US custody, thus failing the requirements.[2] Munaf's lawyers appealed to the U.S. Court of Appeals. On October 27, The D.C. Circuit also denied Munaf's motion for injunctive relief, but ordered the US military to refrain from releasing Munaf into Iraqi custody pending an appeal to the U.S. Supreme Court. Munaf's attorneys' filed a petition to the Supreme Court on November 6, 2006, and on November 13, 2006 the court refused certiorari. Munaf's attorneys are currently attemping to have the case reconsidered by the D.C. Circuit en banc.
[edit] See also
- Shawqi Ahmad Omar
- Khalid El-Masri
[edit] Notes
- ^ Exhibit A in Case 1:06-cv-01455-RCL
- ^ a b Case 1:06-cv-01455-RCL Memorandum Opinion
- ^ Case 1:06-cv-01455-RCL Order
[edit] References
- Associated Press. "Man's Transfer to Iraq Death Row Delayed", San Francisco Chronicle, October 27, 2006.
- Associated Press. "Judge: American Can Be Transferred to Iraq for Execution", October 19, 2006.
- Multi-National Force - Iraq (October 19, 2006). CCCI convicts 27 insurgents: Five sentenced to death, two sentenced to 15 years imprisonment. Press release.
- Amy Goodman, Jonathan Hafetz. (October 17, 2006). Iraqi Judge Sentences U.S. Citizen To Death After U.S. Military “Demanded” the Man Be Executed [video/audio]. Democracy Now!.
- Lewis, Neil A. "Lawyers Seek to Free U.S. Citizen Held in Iraq", New York Times, October 15, 2006.
- Associated Press. "Romania not informed of Iraq trial of suspect in kidnapping of Romanian journalists", International Herald Tribune, October 14, 2006.
- Associated Press. "26 dead in Iraq 'revenge killings'", CNN, October 14, 2006.
- White, Josh. "U.S. Citizen Sentenced To Death In Iraq", Washington Post, October 14, 2006, p. A17.
- Jordan, Lara Jakes. "U.S. Citizen Facing Execution in Iraq", Washington Post, Associated Press, October 13, 2006.
