DISPOSITION OF IRAQI-AMERICAN DETAINEE MOHAMMAD

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
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.

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ACTION REQUEST
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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