COMMUNICATION FROM ROMANIAN MINISTRY OF JUSTICE ON

UNCLAS BUCHAREST 000157

SIPDIS

SIPDIS

DEPT FOR L, EUR/NCE AARON JENSEN

E.O. 12958: N/A
TAGS: CASC PGOV PREL MARR KJUS IZ RO
SUBJECT: COMMUNICATION FROM ROMANIAN MINISTRY OF JUSTICE ON
MUNAF CASE

REF: A. BUCHAREST 104

B. 06 BUCHAREST 1686

C. 06 BUCHAREST 1883


1. (U) ACTION REQUEST: Post received a note dated February
2, 2007 from the Romanian Ministry of Justice International
Law and Treaty Department seeking assistance in AmCit
Mohammad Munaf's case. It represents a follow-up to request
for assistance in reftels A and C. Post seeks guidance from
Department, other agencies in responding to this latest Munaf
request.


2. (U) Below is the translation of Note.

ROMANIA
MINISTRY OF JUSTICE
INTERNATIONAL LAW AND TREATIES DEPARTMENT

To,
THE EMBASSY OF THE UNITED STATES OF AMERICA IN BUCHAREST
FYI,
THE MINISTRY OF FOREIGN AFFAIRS
THE GENERAL DEPARTMENT FOR FOREIGN AFFAIRS
THE DIRECTION FOR MIDDLE EAST AND AFRICA

The Ministry of Justice salutes the Embassy of the United
States of America and has the honor to request to speed up
the answer to our nota verbale no. 133431/2006 of December
29, 2006.

Thus, the embassy is requested to communicate the following:


1. If U.S. authorities agree to the hearing by
videoconference, as a defendant, of U.S. and Iraqi citizen
Mohammad Munaf, for committing the crimes of initiating an
association with the purpose of committing terrorist acts as
well as of financially supporting this association,
(incriminated by art. 35, para 2, Law 535/2004) and
complicity to terrorism acts (incriminated by art. 26,
Criminal Code; art. 32, para 1 and 2, Law 535/2004; art. 189
para 1 and 2 of the Penal Code),acts for which he was
indicted by the General Prosecutor,s Office, High Court of
Cassation and Justice, Direction for Investigation of
Organized Crime and Terrorism together with defendant Omar
Hayssam.


2. The standpoint of the U.S. authorities with regard to the
request of hearing by videoconference of Mr. Munaf as a
witness, in the criminal file no. 33970/2005 registered with
the Bucharest Court of Appeal, Criminal Section I.

In case of an affirmative answer, the embassy is kindly asked
to communicate a date for the two hearings in the two files,
so that the courts can set the dates for the respective
hearings, as well as contact information for the U.S.
officials who will help with the technical support.

Also, the Ministry of Justice requests the embassy to express
its standpoint with regard to a new hearing by
videoconference of Muhammad Munaf as a witness in the
criminal file no. 5708/2005 registered with the Bucharest
Tribunal, Criminal Section I regarding the defendants Omar
Hayssam, Omar Mohamad and Qasim E. Esa for the crimes of
associating with the goal of committing fraud. The hearing
was programmed for June 28, 2007; we, therefore, request the
embassy to analyze the possibility of the videoconference
hearing of Mr. Munaf as a witness at the set date or earlier.

Please see in the Annex the request for international
judicial assistance of the Bucharest Tribunal, Criminal
Section I in the file no. 5708/2005, addressed to the Iraqi
authorities.

Because the above requests refer to organized crime and
terrorism acts and are urgent, the Ministry of Justice kindly
requests that the embassy,s answer is given in a reasonable
time limit.

Also, please let us know, in due time, if any supplementary
information is needed so that, on the date of the hearings,
all the official procedures are fulfilled.

The Romanian Ministry of Justice sends its appreciation for
the provided help and uses this occasion to present its
highest regards.

Bucharest, February 2, 2007

End Text
TAPLIN