US Citizen, Mohammad Munaf was denied in his request for a temporary injunction to postpone his transfer to Iraqi custody where he is facing the death penalty for his participation in the 2005 kidnapping and detention of three Romanian journalists for 55 days. Munaf argued that as a US Citizen, the Iraqi trial violated his rights to due process and protection. As an American  Munaf argued that he was never confronted with the evidence brought against him and was prevented from presenting his own evidence. However, the US Supreme Court denied his application for a injunction because Munaf was "in the the custody of a multinational entity and not the United States."

Munaf does not face an immediate transfer as the Court's decision is still pending reconsideration. In October the US District Court for the District of Columbia denied an emergency motion declaration to prevent the US military from surrendering Munaf to Iraqi officials to face the death penalty, saying the court lacked jurisdiction to hear Munaf's appeal. Munaf has been in the custody of the Mulit-National Force- Iraq since last year.

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Brandon Smith
Staff Writer