05BAGHDAD3010 / 2005-07-20 11:29:00
Embassy Baghdad
                S E C R E T SECTION 01 OF 02 BAGHDAD 003010 
 
SIPDIS 
 
E.O. 12958: DECL: 07/19/2015 
TAGS: MOPS, PHUM, PINS, PINR, PTER, RO, IZ, Detainees 
SUBJECT: DISPOSITION OF IRAQI-AMERICAN DETAINEE MOHAMMAD 
MUNAF 
 
REF: A. FEINBERG-PILZ EMAIL JULY 13 
     B. SILKWORTH-PILZ EMAIL JULY 13 
     C. FEINBERG-PILZ INTERVIEW JULY 19 
 
Classified By: Charge d' Affaires David M. Satterfield for reasons 1.4 
(b) and 
(d). 
 
1. (S) Summary and Action Request. This cable seeks 
concurrence as to the legal disposition of Iraqi- 
American national Mohammed Munaf (or Muneef), now 
held as a security internee by Coalition Forces in 
Iraq under the authority of UNSCR 1546. (Background: 
Munaf, a former resident of Romania, was detained 
in May 2005 due to his suspected involvement in a 
kidnapping plot involving Romanian journalists.) 
 
2.  (S) On July 18, an Article V panel convened by 
MNF-I found Mohammed Munaf has the legal status of 
"security internee"; this fact will soon be formally 
reported to OSD.  We understand that DoD intends to 
proceed now with interagency discussions on Munaf's 
disposition on the basis of informal reporting. 
 
3.  (S) It is DoD policy as pertains to security 
internees in USG custody in Iraq that the intent of 
the USG to bring charges against an internee be 
considered first among parties likely to bring such 
charges.  Should the USG lack evidence on which to 
proceed, the ability and willingness of the Iraqi 
courts to try the internee will be considered next. 
 
3.  (S) Post has not received notification of USG 
interest in prosecuting Munaf. However, the 
Central Criminal Court of Iraq has requested his 
appearance as a witness and as a defendant. 
Post and MNF-I recommend that the established 
procedures with respect to American citizens held as 
MNF-I security internees be followed should the USG 
opt not to initiate legal proceedings against Munaf. 
Post and MNF-I further recommend that: 
 
(a) the CCCI be allowed to call Munaf as a witness 
on the understanding that he will remain in MNF-I's 
legal and physical custody during and after his court 
appearance; 
 
(b) the CCCI be subsequently allowed to try Munaf 
as a defendant (a decision that would transfer legal 
custody of Munaf to Iraq); and 
 
(c) that physical custody of Munaf be transferred to 
the Iraqi Ministry of Justice should he be convicted 
and given a custodial sentence. 
 
4. (S) As noted in reftels, the Government of Romania 
has requested that MNF-I make Munaf available for 
a judicial hearing on "Romanian legal territory" at 
the Romanian Embassy in Baghdad.  We understand 
that a second request was made recently that 
Munaf be interviewed by Romanian prosecutors at 
his place of detention. 
 
5.  (S) MNF-I does not object to Romanian access to 
Munaf if it takes place at the detention site, 
is investigatory in nature, and does not prevent 
the USG or the CCCI (should Embassy Baghdad and 
MNF-I's recommendation be adopted) from proceeding 
with Munaf's prosecution. 
 
6.  (S) We recommend that the USG respect the 
intent of an Iraqi court to try an Iraqi-American 
national for crimes committed inside Iraq and that 
this issue be given priority.  The issues of 
Romanian extradition or assumption of custody 
should be handled bilaterally between Iraq and 
Romania. The Embassy will be pleased to facilitate 
these bilateral contacts. 
 
-------------- 
ACTION REQUEST 
-------------- 
 
7.  (S) Given the urgency of the Iraqi and Romanian 
governments' requests, we request the Department's 
guidance on this matter as soon as possible. 
Satterfield 

            
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