COMMUNICATION IN MUNAF CASE

C O N F I D E N T I A L BUCHAREST 001883

SIPDIS

SIPDIS

DEPT FOR EUR/NCE AARON JENSEN AND EUR/NCE DAVID KOSTELANCIK

E.O. 12958: DECL: 12/19/2016
TAGS: CASC PGOV PREL MARR KJUS IZ RO
SUBJECT: COMMUNICATION IN MUNAF CASE

REF: STATE 196211

Classified By: Political Counselor Ted Tanoue for Reasons 1.4 (b) and (
d).


1. (C) DCM accompanied by PolCouns and Resident Legal
Advisor met with representatives from the Romanian Ministry
of Justice and the Foreign Ministry December 19 to discuss
reftel request to streamline communications between the USG
and GOR regarding the Munaf case. DCM underscored the need
for a formal, deliberate, and better-coordinated mechanism
for bilateral communications given past miscommunications and
the need to keep track of the requests and responses from a
number of parties. He requested GOR help by sending all
future requests for U.S. assistance in the Munaf case through
the Romanian MFA and Embassy Bucharest, avoiding the use of
e-mails, phone calls, and other non-record communications.
DCM also stressed that the USG side had endeavored to avoid
discussing the issue through the press, and requested the GOR
side do likewise.


2. (C) MOJ International Law Director Florin Razvan Radu
initially responded that his ministry had communicated with
the USG side through formal written requests--as evidenced by
a November 1, 2006 letter that Justice Minister Macovei had
sent to U.S. Attorney General Gonzales and Defense Secretary
Rumsfeld (see para 3). He subsequently acknowledged,
however, that this letter had not been copied to the Foreign
Ministry or to the U.S. Embassy. He admitted that Romanian
prosecutors gone to Baghdad without informing the MOJ and had
communicated directly with Coalition and USG officials in the
past. Participants agreed that future communications in the
Munaf case would be coursed through the Middle East and
Africa Desk at the MFA and the Political Section at the
Embassy Bucharest, either in the form of a diplomatic note or
other formal written format. In closing, Radu noted that the
Romanian court handling the Munaf case had requested
assistance in interviewing Munaf on 18 January. He agreed to
provide the Embassy with a written request by week's end.


3. (SBU) Text of the Macovei-Gonzales and
Macovei-Rumsfeld letters follows:

No. 94615/2006
Bucharest, November 1, 2006

Mr. Alberto R. Gonzales
Attorney General
United States Department of Justice

Cc
Mr. Donald H. Rumsfeld
Secretary of Defense

SIPDIS

Dear Attorney General,

I am writing this letter referring to the "Munaf" case ) Mr.
Mohammad Munaf, son of Munaf Amin and Suad Omar, born on 29
November 1962, U.S. ) Iraqi citizen, who has been recently
convicted to death penalty by the Iraqi Central Criminal
Court in Baghdad. Apparently the sentence was held for the
same terrorism crimes for which the Romanian authorities had
first affirmed their jurisdiction.

Romania's jurisdiction is based on existing principles of
international law and our country has a sound interest in
solving this case considering the Romanian citizenship of the
victims and the public impact it has had in Romania.

After the meeting we had at Washington in November 2005 I was
convinced that the U.S. Government would effectively assist
the Romanian authorities for exerting their jurisdiction over
the case.

As the Romanian authorities have been directed to the Iraqi
authorities, since December 2005 we addressed several
requests for mutual assistance. The purpose of such
endeavors was to ensure that the Romanian judicial
authorities hear Mr. Mohammad Munaf in the terrorism case
brought before our criminal courts.

However the Romanian authorities' efforts have (sic)
fruitless so far. The Iraqi authorities did not execute the
request for servicing the summons and hearing by video
conference, motivating that there is no Iraqi jurisdiction in
respect to Mr. Mohammad Munaf. Therefore, the fact that Mr.
Mohammad Munaf was convicted by an Iraqi court under the
Iraqi law for his terrorism activity comes as a surprise,
considering the previous denial of Iraqi's jurisdiction.

You will for sure understand that bringing Mr. Mohammad Munaf
before the Romanian justice is definitely a priority of the
judicial authorities in Romania. Thus, given that the U.S.
Court of Appeals ordered on October 27, 2006 that Mr.
Mohammad Munaf shall not be transferred to Iraqi custody
before November 6, 2006 in order to give him "an opportunity
to seek relief from the Supreme Court", I am kindly
requesting your full support in our efforts to have Mr.
Mohammad Munaf heard by the Romanian Courts before being
transferred to the Iraqi authorities. He has to be heard as
accused in the file no. 6595/2/2006 of the Court of Appeal
Bucharest and as witness in the file no. 33970/2/2005 of the
same court.

This terrorism case is related to a conflict of jurisdiction
between Iraqi and Romanian criminal justice systems. In
respect of international law principles, taking into account
the Romanian citizenship of the victims and the others
circumstances of the case, I am convinced that there is no
argument against allowing Mr. Mohammad Munaf be heard by the
Romanian courts through the international assistance means.
This will be not only in the interest of justice, supporting
our endeavors to clarify the case, but will respond as well
to our obligation to observe the rights universally
recognized to everyone charge with a criminal offence.

Please do not hesitate to contact me at
monica.macovei@just.ro / phone: 0040.21.311.22.66. Also in
charge is Mr. Florin Razvan RADU, director for International
Law who can be reached at rradu@just.ro / phone:
0040.21.314.15.14.

I hereby attached (sic) some copies of the relevant
correspondence with the U.S. Government's representatives.

Convinced of positive reaction and full support,
Yours sincerely,

Monica Macovei
/s/
Minister of Justice

End Text

TAUBMAN