Mohammad Munaf

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For the Pakistani cricketer, see Mohammad Munaf (cricketer)

Mohammed Munaf (born in 1952 or 1953) is an Iraqi-American being held prisoner at Camp Cropper, by the Multinational Force in Iraq.[1] He was sentenced to death by an Iraqi court in October 2006 for his alleged involvement in the kidnapping of Romanianjournalists in 2005, but his conviction was overturned by the Iraqi Court of Cassation on February 29, 2008.[2] His habeas corpus petition to prevent his transfer to the Iraqi government was heard by the U.S. Supreme Court on March 25.[3]

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[edit] Early life

Originally from Iraq, Munaf emigrated to the United States and became a U.S. citizen in 2000 and in the following year emigrated to Romania with his wife and three children.

[edit] Kidnapping

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, their captors 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] Charges in Romania

On May 27, formal charges were brought against Munaf by Romania for "initiating, funding and coordinating the March 28 kidnapping."[4] Romania had no legal standing in this case however as it occurred on Iraqi soil and the defendant was an Iraqi-American.[citation needed] On April 24, 2008, Realitatea TV reported that the Bucharest Appeals Court sentenced Munaf to 10 years in prison, and 2,000,000 euros in penalties to each kidnap victim.[5]

[edit] Charges in Iraq

In Iraq, Munaf and his five co-conspirators were tried, convicted, and sentenced at the Central Criminal Court of Iraq (CCCI) in Baghdad, which Romania claims it was not informed of.[6] 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, which was reported to have lasted about one hour,[7] 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 was automatically appealed to the Iraqi Court of Cassation.

[edit] Allegations of an unfair 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.[8] The US Government provided rebuttals to these allegations in several sworn declarations filed with the court during the US proceedings.[9]

[edit] Conviction vacated

On February 29, 2008, the Iraqi Court of Cassation (the appeals court) vacated Munaf's conviction and death sentence. The Court of Cassation found numerous irregularities in the lower court proceedings, including that the lower court failed to ascertain the role of Munaf and other defendants in the kidnapping and failed to document the statements of the kidnap victims. The Court of Cassation overturned all decisions of the lower court, and remanded the case to the lower court for further proceedings, directing that Munaf and the other defendants remain in custody.[2]

[edit] Munaf v. Harvey

Main article: Munaf v. Geren

On October 13, Munaf's lawyers filed a habeas corpus petition in the U.S. District Court for the District of Columbia seeking his release from then Secretary of the Army Francis J. Harvey's custody and to block the transfer of Munaf to Iraqi custody.[10] On October 19, Judge Royce Lamberth dismissed the petition and denied the motions for the temporary restraining order sua sponte.[11][12] In the memorandum opinion dismissing the petition, the judge stated that the court lacked jurisdiction because Munaf is being held in MNF-I custody, not US custody, thus failing the 28 U.S.C. § 2241(c) requirements for habeas corpus relief.[9] Munaf's lawyers appealed to the U.S. Court of Appeals, and 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.[13] 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 attempted to have the case reconsidered by the D.C. Circuit en banc, but on April 6 the appeal was denied and the dictrict court's decision upheld.[14][15]

On December 7, 2007, the U.S. Supreme Court granted certiorari in Munaf's case,[16] and oral arguments were heard on March 25.[3] On February 29, it was announced by several organizations that the Associated Press, the American Bar Association, the Committee to Protect Journalists, the International Federation of Journalists, the PEN American Center and the Reporters Committee for Freedom of the Press would be filing amici curiae on behalf of Munaf and Shawqi Ahmad Omar.[2][17][18]

[edit] U.N. Human Rights Committee charges

On December 12, 2006, it was reported by Mediafax that Munaf filed a complaint against Romania at the United Nations’ Human Rights Committee alleging that Romania broke Munaf’s rights in refusing to offer him diplomatic assistance during his trial.[19]

[edit] References

  1. ^ Florence, Justin; David Fontana (2007-12-14). Whose Prisoners Are They, Anyway? The Americans you've never heard of who are being held in Iraq. Slate.
  2. ^ a b c "Iraqi court throws out conviction of American whose case is pending at Supreme Court", International Herald Tribune, 2008-03-01. 
  3. ^ a b Monthly Argument Calendar, March, U.S. Supreme Court
  4. ^ Marinas, Radu. "Romania Charges Translator in Iraq Hostages' Case", Assyrian International News Agency, Reuters, 2005-05-27. 
  5. ^ "Romanian court sentences man involved in Iraq kidnapping to ten years", HotNews.ro, 2008-04-24. Retrieved on 2008-04-30. 
  6. ^ Associated Press. "Romania not informed of Iraq trial of suspect in kidnapping of Romanian journalists", International Herald Tribune, 2006-10-14. 
  7. ^ Amnesty International (2006-10-24). "Iraq: Death penalty/ torture/ legal concern". Press release.  “The trial, which considered the case of all six defendants at the same hearing, is reported to have lasted about one hour.”
  8. ^ Exhibit A in Case 1:06-cv-01455-RCL, U.S. District Court for the District of Columbia, 2006-10-19
  9. ^ a b Case 1:06-cv-01455-RCL Memorandum Opinion, U.S. District Court for the District of Columbia, 2006-10-19
  10. ^ White, Josh. "U.S. Citizen Sentenced To Death In Iraq", Washington Post, 2006-10-14, p. A17. 
  11. ^ Associated Press. "Judge: American Can Be Transferred to Iraq for Execution", New York Times, 2006-10-19. 
  12. ^ Case 1:06-cv-01455-RCL Order, U.S. District Court for the District of Columbia, 2006-10-19
  13. ^ Associated Press. "Man's Transfer to Iraq Death Row Delayed", San Francisco Chronicle, 2006-10-27. 
  14. ^ White, Josh. "U.S. Citizen Sentenced to Death in Iraq Loses Appeal", Washington Post, 2007-04-07. Retrieved on 2007-04-09. 
  15. ^ Case No. 06-5324 D.C. Appellate Court Opinion, U.S. Court of Appeals for the District of Columbia, 2007-04-06
  16. ^ Greenhouse, Linda. "Americans Held in Iraq Draw Justices’ Attention", New York Times, 2007-04-07. Retrieved on 2007-12-21. 
  17. ^ "AP, Others See Downside for Reporters", Associated Press, 2008-02-29. Retrieved on 2008-03-03. 
  18. ^ "ABA Files Amicus Brief Supporting Habeas Corpus in Iraq", ABA Journal, 2008-02-29. Retrieved on 2008-03-03. 
  19. ^ "Munaf Reports Romania To UN Human Rights Committee", Mediafax, 2006-12-14. 
  1. Moss, Michael. "Iraq’s Legal System Staggers Beneath the Weight of War", New York Times, 2006-12-17. 
  2. Multi-National Force - Iraq (2006-10-19). "CCCI convicts 27 insurgents: Five sentenced to death, two sentenced to 15 years imprisonment". Press release.
  3. Amy Goodman, Jonathan Hafetz. Iraqi Judge Sentences U.S. Citizen To Death After U.S. Military “Demanded” the Man Be Executed [video/audio]. Democracy Now!.
  4. Lewis, Neil A. "Lawyers Seek to Free U.S. Citizen Held in Iraq", New York Times, 2006-10-15. 
  5. Associated Press. "26 dead in Iraq 'revenge killings'", CNN, 2006-10-14. 
  6. Jordan, Lara Jakes. "U.S. Citizen Facing Execution in Iraq", Washington Post, Associated Press, 2006-10-13. 

[edit] See also

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