VZCZCXRO0667
PP RUEHAG RUEHAST RUEHDA RUEHDBU RUEHDF RUEHFL RUEHIK RUEHKW RUEHLA
RUEHLN RUEHLZ RUEHROV RUEHSR RUEHVK RUEHYG
DE RUEHBM #0017/01 0051525
ZNR UUUUU ZZH
P 051525Z JAN 07
FM AMEMBASSY BUCHAREST
TO RUEHC/SECSTATE WASHDC PRIORITY 5802
INFO RUEHZL/EUROPEAN POLITICAL COLLECTIVE

UNCLAS SECTION 01 OF 02 BUCHAREST 000017 
 
SIPDIS 
 
SENSITIVE 
SIPDIS 
 
STATE DEPT FOR EUR/NCE - AARON JENSEN 
 
E.O. 12958: N/A 
TAGS: KJUS PTER PGOV PREL RO
SUBJECT: ROMANIAN MOJ REQUEST FOR MUNAF HEARING FROM IRAQ 
 
REF: A. 2006 BUCHAREST 1883 
     ¶B. 2006 BUCHAREST 19624 
 
¶1. (SBU) The Ministry of Justice sent Embassy Bucharest a 
request on December 29 for judicial assistance in connection 
with two cases involving Mohammad Munaf, held in custody in 
Iraq. This letter is the first received pursuant to reftel 
guidance establishing a single formal channel for requests 
for U.S. assistance in regard to the Munaf case. 
 
¶2. (SBU) In summary, the MOJ letter recognizes that Munaf is 
in Iraqi custody, but requests U.S. assistance to facilitate 
a videoconference hearing of Muhammad Munaf 1) regarding the 
GOR's terrorism charges against him and 2) as a witness in 
the GOR's criminal case against Omar Hayssam. If agreed, the 
MOJ would like to know the date of the hearing and the 
contact information for the U.S. official coordinating 
technical support.  Lastly, the MOJ argues that it maintains 
jurisdiction over Munaf on the terrorism charges due to the 
nationality of the three Romanian journalists held hostage 
and the harm done to Romanian state interests.  Per reftel 
guidance, Embassy Bucharest requests an interagency approved 
response to these questions, which it will then convey to the 
Romanian side in writing. 
 
¶3. (SBU) Begin Embassy translation of original Romanian 
text: 
 
ROMANIA 
MINISTRY OF JUSTICE 
INTERNATIONAL AFFAIRS AND TREATIES DIRECTORATE 
 
To:   Embassy of the United States of America in 
Bucharest 
 
CC:   The Ministry of Foreign Affairs 
      General Directorate for Global Affairs 
      Near East and Africa Division 
 
      The Ministry of Justice presents its compliments to 
the Embassy of the United States of America in Bucharest 
and has the honor to communicate the following: 
 
      In the criminal cases filed as 6595/2/2006 and 
33970/2/2005 with the Bucharest Court of Appeal, Criminal 
Section I, achieving justice is largely dependent on the 
way the Iraqi authorities solve the requests of the 
Romanian judicial authorities for judicial assistance -- 
namely the requests that U.S. and Iraqi citizen Mohammad 
Munaf and other Iraqi citizens are heard. 
 
      Because Mr. Mohamad Munaf has U.S. citizenship and 
because he is physically under the custody of U.S. troops 
of the Multinational Coalition Force in Iraq, the support 
of U.S. authorities is essential to finalize the request 
for judicial assistance addressed by the Bucharest Court of 
Appeal to the Iraqi authorities to hear Munaf either via 
videoconference or by a regular rogatory commission. 
 
      The Ministry of Justice informs the honored Embassy 
that on November 14, 2006 the Iraqi Ministry of Justice 
expressed, verbally, its agreement to the hearing of Mr. 
Munaf by videoconference.  Therefore, on November 23, 2006, 
with the support of the U.S. Embassy in Baghdad and of the 
U.S. Commander of the MNF-I, the video connection was 
established and a first round of the hearing took place. 
Due to procedural reasons, the hearing was postponed for 
December 14, 2006, when, unfortunately, the hearing could 
not take place, the U.S. Embassy in Baghdad informing our 
ministry that "the expressed accord of the Iraqi 
authorities is missing" (accord, which in our opinion, had 
been expressed, indeed only verbally, by the deputy 
minister of justice, Mr. Pusho Dezaye.) 
 
      The Romanian Ministry of Justice requests the 
honored embassy to continue to support before the competent 
U.S authorities the request of the Romanian authorities in 
order to achieve justice in this complex case of terrorism. 
Because the Bucharest Court of Appeal has given a new term 
- February 15, 2007 - in the criminal case no. 6595/2/2006, 
the Embassy is kindly requested to communicate to this 
ministry, in due time, if the U.S. authorities agree to the 
hearing by videoconference of the U.S. and Iraqi citizen 
Muhammad Munaf, accused of initiating an association for 
terrorism purposes as well as of financially supporting 
this association, (art. 35, para 2, Law 535/2004) and 
complicity to terrorism (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 
 
BUCHAREST 00000017  002 OF 002 
 
 
Justice, Direction for Investigation of Organized Crime and 
Terrorism together with defendant Omar Hayssam. 
The honored embassy is also kindly asked to communicate the 
position of the U.S. authorities to the proposal of hearing 
Mohammad Munaf, also by videoconference, as a witness in 
criminal case no. 33970/2/2005 filed at 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 as well as 
the contact information for the U.S. officials who would 
help with the technical support. 
 
      To completely and correctly inform the Embassy, the 
Romanian Ministry of Justice would like to mention the 
following: 
 
      Starting in December 2005, the Romanian authorities 
sent to the Iraqi authorities 5 requests for judicial 
assistance in the criminal files of the Bucharest Court of 
Appeal regarding U.S. and Iraqi citizen Mohammad Munaf. 
These requests refer to the hearing, by a regular rogatory 
commission or by videoconference, of Muhammad Munaf and of 
six other persons: Al Qasir Salam, DOB 05/12/1971 in 
Baghdad, Al Salmani Omar Jassam, DOB 03/01/1970 in Baghdad, 
Al Slemani Abdel Jabbar, DOB 07/01/1956 in Baghdad, Al Amin 
Youssef, DOB 06/10/1971 in Baghdad, Al Giuburi Ibrahim, DOB 
01/12/1969 in Baghdad and Samarai Hakim, DOB 07/01/1956 in 
Baghdad. 
      The hearing of Mr. Munaf is requested as a 
defendant in file no. 6595/2/2006 with the Bucharest Court 
of Appeal, Criminal Section I, and as a witness in file no. 
33970/2/2005 with the same court.  In file no. 6595/2/2006 
Mohammad Munaf is on trial and in the other file Omar 
Hayssam, a Syrian citizen, is on trail, taking into 
consideration the splitting up of the two files due to 
procedural reasons. 
 
      As regards the trial of Mr. Munaf for the acts of 
terrorism 
mentioned above, the Romanian Ministry of Justice would 
like to stress that Romania has directly expressed its 
intention to have this case judged within the Romanian 
justice system.  Indeed, immediately after the acts were 
committed the General Prosecutor,s Office associated with 
the High Court of Cassation and Justice, the Directorate 
for Investigation of Organized Crime and Terrorism, ordered 
the initiation of a criminal investigation of Muhammad 
Munaf for terrorism against three Romanian journalists. 
      It must be stressed that there was no moment when 
the Romanian authorities gave up jurisdiction over the acts 
of Muhammad Munaf, exercising its jurisdiction on the basis 
of the principles of international legal rights, the 
jurisdiction being justified by the harm done to Romanian 
state interests, which is derived from the Romanian 
nationality of the victims. 
 
      The Romanian Ministry of Justice sends to the Embassy 
of 
the United States of America in Bucharest its appreciation 
for support and its high regard. 
                        Bucharest, December 29, 2006 
 
End translation of text. 
TAPLIN