RFG: MUNAF'S CASE IN UNHCR; ROMANIA SEEKS US VIEWS

S E C R E T SECTION 01 OF 02 BUCHAREST 000104

SIPDIS

SIPDIS

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

E.O. 12958: DECL: 01/31/2016
TAGS: CASC KJUS MARR PGOV PREL UNHCR IZ RO
SUBJECT: RFG: MUNAF'S CASE IN UNHCR; ROMANIA SEEKS US VIEWS

REF: BUCHAREST 1883

Classified By: DCM Mark A. Taplin for Reasons 1.4(b) and (d).


1. (SBU) This is a request for Action. Please see para. 7.


2. (C) MFA State Secretary Adrian Vierita asked to meet
with DCM and Acting Polcouns on January 30 to discuss a
complaint filed with the UN High Commissioner for Human
Rights on behalf of dual Iraqi/US citizen Mohammad Munaf, who
was convicted and sentenced to death last year in the 2005
kidnapping of 3 Romanian journalists in Iraq. Vierita said
that the Note Verbale from the Commission (complete text of
note is copied below in para 8) requested Romania as a state
party to the Optional Protocol to the International Covenant
on Civil and Political Rights, to "adopt all necessary
measures to ensure" Munaf and his family are protected from
irreparable damage. According to Vierita, these interim
measures are independent of any challenge to the
admissibility of the complaint against the GOR, according to
the Human Rights Committee's rules of procedure.


3. (C) Vierita informally was seeking consultation with the
USG on ways to respond to the complaint, which was been filed
by Munaf's American legal counsel before the UN Human Rights
Committee (case number 1539/2006). He noted that the GOR
already was not in full compliance with the note which
requested the GOR to inform the Committee no later than
January 22, of the steps taken to protect Munaf's "life,
safety and personal integrity."


4. (C) Vierita outlined the GOR's proposed approach for a
response to the complaint before the UN Human Rights
Commission. First, the GOR would establish that it is taking
steps to address the interim measures regarding Munaf. These
would include reaffirming the GOR's commitment to all of the
international protocols and conventions aimed at abolition of
the death penalty (consistent with Romania's EU obligations).
Vierita said he would consider the present meeting with
Emboffs as an official conveyance of this position to the one
of the principal parties in the Munaf case (i.e., the U.S.,
which has Munaf under physical custody). NOTE: Vierita on
January 31 shared with Embassy a draft Note Verbale that
conveys this position against the death penalty to Iraq,
which retains legal custody over Munaf).


5. (C) Secondly, Vierita noted that the GOR must challenge
the legal admissibility of the complaint to the Human Rights
Committee by February 21, including the question of whether
Romania had jurisdiction over Munaf at any time before he was
turned over to MNF-I in Baghdad. Vierita described this point
as a critical one to Romania's effort to push back on the UN
complaint. He asked whether the USG could help in
establishing a chronology of events leading up to and
following Munaf's arrest, particularly with an emphasis on
his legal status when he was being transferred to and from
the Romanian embassy in Baghdad, reportedly under US military
escort. DCM suggested the MFA first review the compliant and
chronology with the Romanian Ministry of Justice and the
Procurator-General's Office, since the prosecutor's office in
particular has interviewed Munaf in Iraq on several occasions
in connection with criminal cases it is pursuing related to
the kidnapping of the journalists. He observed that the GOR
would probably have a better chronology of events surrounding
Munaf's whereabouts in Baghdad during the period before his
arrest by MNF-I forces than did the U.S. At the same time,
the DCM stressed, it was in the interest of both of our
governments to deflect legal motions and complaints like this
that were clearly designed as much to embarrass us as to
protect Munaf's interests.


6. (C) The DCM expressed appreciation to Vierita for keeping
the Embassy informed on the Munaf case (as was agreed per
reftel). He noted that we would pass this information back
to Washington, and ask for advice from relevant USG offices
and agencies in how we might help the GOR prepare its
upcoming challenge to the legal admissibility of the
complaint from the UN Human Rights Committee.


7. (C) Informally, Vierita asked DCM whether the USG
approach to the Munaf case remained the same as before,
despite the significant developments that have taken place
since his arrest in 2005. The DCM replied that he did not
know whether there had been a policy review of Munaf's status
since he was put under Iraqi legal custody, tried, convicted
and sentenced to death in 2005, but would raise the question.

BUCHAREST 00000104 002 OF 002




8. (C) Action Request: Embassy seeks Department's
assistance in addressing the issues raised by the UN Human
Rights Committee's Note Verbale to the GOR. We particularly
seek L's advice on how best to support the GOR in what
appears to be a convoluted effort by Munaf's lawyers to,
first and foremost, cast U.S. policy towards Iraq detainees
in a negative light, and secondarily, embarrass the GOR.
(Note: Supporting documentation faxed to EUR/NCE. End
Note). We would also welcome an update on interagency views
on the Munaf case, which will return to the top of the
political agenda in Romania should the Iraqi-American be
executed by Iraqi authorities. Romanian President Basescu
has made it clear he retains a strong interest in seeing
Munaf extradited to Romania to testify in a trial of Munaf's
co-conspirator in the kidnapping, Syrian-Romanian businessman
Omar Hayssam. End Action Request.


8. (SBU) Begin text of Note Verbale:

United Nations
High Commissioner for Human Rights

Reference G/SO 215/51 ROU (2)
MSTP:sn 1539/2006

The Secretariat of the United Nations (Office of the High
Commissioner for Human Rights) presents its compliments to
the Permanent Mission of Romania to the United Nations and
has the honor to transmit herewith the text of a
communication, dated 13 December 2006, submitted to the Human
Rights Committee for consideration under the Optional
Protocol to the International Covenant on Civil and Political
Rights, on behalf of Mr. Mohammad Munaf. The communication
has been registered before the Human Rights Committee as case
No. 1539/2006.

Pursuant to rule 92 of the Committee's rules of procedure,
the Committee's Special Rapporteur for New Communication and
interim measure requests the State Party to ensure, to the
extent possible and through whatever channels it deems
appropriate, to adopt all necessary measures to ensure that
the life, safety and personal integrity of Mohammad Munaf and
his family are protected, so as to avoid irreparable damage
to them, while this case is under consideration by the
Committee, and to inform the Committee on the measure taken
by the State party in compliance with this decision within 30
days from the date of the Note Verbale , i.e. not later than
by 22 January 2007; this request does not imply that any
decision has been reached on the substance of the matter
under consideration.

Under rule 97, paragraph 2, of the Committee's rules of
procedure, the Special Rapporteur further requests His
Excellency's Government to submit to the Committee
information and observations in respect of both the
admissibility and the merits of the author's allegations.

The information requested from His Excellency's Government
under rule 97, paragraph 2, of the Committee's rules of
procedure should reach the Committee in care of the Office of
the United Nations High Commissioner for Human Rights at
Geneva, within six months of the date of this note, that is
not later than 21 June 2007.

If His Excellency's Government wished to challenge the
admissibility of the present communication, the State party
is requested, pursuant to rule 97, paragraph 3, of the
Committee's rules of procedure, to submit its observations on
admissibility of the communication does not in itself extend
the deadline of six months within which to submit written
information and observation on the merits of the author's
allegations.

This request for information and observations does not imply
that any decision has been reached in respect of the
admissibility or the merits of the present communication.

/s/
21 December 2006

END TEXT.
TAUBMAN