In March 2005, Munaf, traveled to Iraq alongside three Romanian journalists, Marie Jeanne Ion, 32,
Sorin Mişcoci, 30, and
Ovidiu Ohanesian, 37, to act as their guide and translator. Shortly thereafter, all four were taken hostage when their vehicle was blocked in by several armed men. The four hostages were held for approximately 55 days, during which time a video was recorded and broadcast with the journalists pleading for Romania to pull its troops out of Iraq. On May 22, 2005, their captors freed the victims. The three Romanian journalists were freed, but Munaf was detained in MNF-I custody due to his suspected involvement in the kidnapping plan.
Charges in Romania On May 27, 2005, formal charges were brought against Munaf by Romania for "initiating, funding and coordinating the March 28 kidnapping." On April 24, 2008,
Realitatea TV reported that the Bucharest Appeals Court sentenced Munaf to 10 years in prison, and 2,000,000
euros in penalties to each kidnap victim. Munaf's business partner
Omar Hayssam was sentenced in absentia to 20 years in prison after a Romanian court found him guilty of masterminding the kidnapping.
Charges in Iraq In Iraq, Munaf and his five co-conspirators were tried, convicted, and sentenced at the
Central Criminal Court of Iraq (CCCI) in Baghdad, of which Romania says it was not informed. His five co-conspirators were his brother, Yusuf Munaf Mohammad al-Amin; Salam Hikmat Mohammad Farhan al-Qassir; 'Abd al-Jabbar 'Abbas Jasim al-Salman; 'Omar Jasim Mohammad 'Ali al-Salman; and Ibrahim Yassin Kadhim Hussain al-Jibouri. The U.S. Government provided rebuttals to these allegations in several sworn declarations filed with the court during the U.S. proceedings. On October 19, Judge
Royce Lamberth dismissed the petition and denied the motions for the
temporary restraining order sua sponte. In the
memorandum opinion dismissing the petition, the judge stated that the court lacked
jurisdiction because Munaf is being held in MNF-I custody, not US custody, thus failing the requirements for habeas corpus relief. Munaf's lawyers appealed to the
U.S. Court of Appeals, and on October 27, The D.C. Circuit also denied Munaf's motion for injunctive relief, but ordered the US military to refrain from releasing Munaf into Iraqi custody pending an appeal to the
U.S. Supreme Court. Munaf's attorneys filed a petition to the Supreme Court on November 6, 2006, and on November 13, 2006, the court refused
certiorari. Munaf's attorneys attempted to have the case reconsidered by the D.C. Circuit
en banc, but on April 6 the appeal was denied and the district court's decision upheld. On December 7, 2007, the U.S. Supreme Court granted certiorari in Munaf's case, and oral arguments were heard on March 25. The court handed down its decision on June 12, 2008, finding habeas jurisdiction existed but found that habeas corpus provided them with no relief holding that "Habeas corpus does not require the United States to shelter such fugitives from the criminal justice system of the sovereign with authority to prosecute them."
UN Human Rights Committee On December 12, 2006,
Mediafax reported that Munaf filed a complaint against Romania at the United Nations'
Human Rights Committee alleging that Romania violated Munaf's rights by refusing to offer him diplomatic assistance during his trial. After reviewing his complaint, the UNHRC rejected Munaf's claims, noting in July 2009 that "the Committee cannot find that the State party exercised jurisdiction over the author in a way that exposed him to a real risk of becoming a victim of any violations under the Covenant." ==References==