Mohammad Munaf

Mohammed Munaf
Born	(1952-11-29) November 29, 1952 Iraq
Occupation	Convicted criminal
Known for	Conviction for involvement in 2005 kidnapping of Romanian journalists in Iraq

Mohammed Munaf (, full name Mohammad Munaf Mohammad al-Amin, born November 29, 1952) is an Iraqi–American individual convicted of terrorism charges, sentenced in 2008 for his involvement in the March 2005 abduction of three Romanian journalists in Iraq. He served seven years of a ten-year sentence in Romania before being released on July 6, 2022. In October 2006, an Iraqi court also handed him a death sentence for the same kidnapping; however, this ruling was annulled on procedural grounds by the Iraqi Court of Cassation in February 2008 and sent back for retrial. His petition for habeas corpus to prevent his transfer to Iraqi custody was rejected by the U.S. Supreme Court, which upheld the decision of the U.S. Court of Appeals in Munaf v. Geren permitting his handover.

Early life

Munaf originally left Iraq for Romania and subsequently moved to the United States, where he obtained U.S. citizenship in 1990. He later settled in Romania with his spouse and three children until 2004.

In March 2005, Munaf accompanied three Romanian journalists—Marie Jeanne Ion, Sorin Mişcoci, and Ovidiu Ohanesian—to Iraq as their guide and interpreter. Their vehicle was soon intercepted by armed assailants, resulting in all four being held captive for approximately 55 days. During their detention, a video surfaced showing the journalists urging Romania to withdraw its military forces from Iraq. The hostages were released on May 22, 2005; however, Munaf was taken into custody by MNF-I forces amid suspicions regarding his role in the kidnapping.

Charges in Romania

Romanian authorities charged Munaf on May 27, 2005, accusing him of orchestrating, financing, and coordinating the abduction that occurred on March 28. In April 2008, the Bucharest Appeals Court imposed a ten-year prison sentence on him and ordered compensation payments of €2 million to each victim. Munaf’s business associate Omar Hayssam received a twenty-year sentence in absentia as the alleged mastermind behind the kidnapping.

Charges in Iraq

Munaf and five others faced trial at Baghdad’s Central Criminal Court of Iraq (CCCI), reportedly without Romania being informed. Among the co-defendants were Munaf’s brother Yusuf and four additional individuals. Though they initially admitted guilt during investigative sessions, all later retracted their confessions at trial. The court convicted them under several provisions of Article 421 of the Iraqi Penal Code and sentenced all six defendants to death. These sentences automatically triggered appeals before the Iraqi Court of Cassation.

Defense claims of an unfair trial

At CCCI, Munaf’s defense attorney Badie Arrief Izzat contended that the proceedings were unjust because Munaf was denied the opportunity to call or cross-examine witnesses. Izzat further asserted that the judge had initially planned to dismiss the case but changed course following private discussions with U.S. military officials, culminating in a death sentence verdict. The defense also argued that Munaf’s confession had been extracted under torture and maintained that he was a hostage rather than a perpetrator during the kidnapping incident. These points were presented in an unsworn statement submitted to the U.S. District Court for the District of Columbia by Sean Riordan, a UCLA law student intern at the Brennan Center for Justice. The U.S. Government countered these allegations with sworn affidavits during legal proceedings.

Iraqi conviction overturned and case sent back for retrial

On February 29, 2008, the Iraqi Court of Cassation annulled Munaf's conviction along with his death sentence, remanding the matter to the lower judiciary and mandating that Munaf remain detained. The court identified multiple procedural flaws, such as the failure to clearly establish Munaf's involvement and the incomplete recording of victim testimonies. Consequently, all prior rulings by the lower courts were nullified to allow for a new trial.

Munaf v. Harvey

On October 13, Munaf's defense team submitted a habeas corpus petition in the United States District Court for the District of Columbia, requesting his release from custody under then-Secretary of the Army Francis J. Harvey and seeking to prevent his handover to Iraqi authorities. Judge Royce Lamberth dismissed this petition on October 19 and denied motions for a temporary restraining order sua sponte, determining that the court lacked jurisdiction because Munaf was detained by MNF-I forces rather than directly by U.S. officials, thereby not meeting habeas corpus criteria.

Munaf appealed to the D.C. Circuit, which rejected his appeal on October 27 but instructed the U.S. military to postpone transferring him to Iraqi custody while awaiting appeal to the United States Supreme Court. The Supreme Court declined to review the case on November 13, 2006. Further efforts to have the D.C. Circuit reconsider the decision en banc were also denied on April 6, 2007.

On December 7, 2007, however, the U.S. Supreme Court agreed to hear the case, with oral arguments presented on March 25. Multiple organizations, including the Associated Press and American Bar Association, submitted amici curiae briefs supporting Munaf and co-defendant Shawqi Ahmad Omar.

The Supreme Court rendered its verdict on June 12, 2008, confirming habeas jurisdiction existed but denying relief. The ruling emphasized that "Habeas corpus does not require the United States to shield such fugitives from prosecution by the sovereign authority entitled to try them."

UN Human Rights Committee

According to a December 12, 2006 report by Mediafax, Munaf lodged a complaint against Romania with the United Nations' Human Rights Committee, alleging that Romania breached his rights by failing to provide diplomatic support during his trial. After examination, in July 2009 the UNHRC dismissed Munaf's allegations, concluding 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."

External links

• Project to Enforce the Geneva Conventions archive