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Jurnalul.ro Vechiul site Old site English Version Omar Hayssam’s Lawyer, about His Client’s Morale

Omar Hayssam’s Lawyer, about His Client’s Morale

de Marina Constantinoiu    |    25 Aug 2005   •   00:00
Omar Hayssam’s Lawyer, about His Client’s Morale

One more month is the extension of the bench warrant for Omar Hayssam. The Judges of the Appeal Court of Bucharest have decided this yesterday, when they agreed with the request of the Prosecutors, who explained that they wanted to finalize the investigation of the case of the kidnapping of the Romanian journalists by the 25th of September.

"If the President was a doctor…"

One more month is the extension of the bench warrant for Omar Hayssam. The Judges of the Appeal Court of Bucharest have decided this yesterday, when they agreed with the request of the Prosecutors, who explained that they wanted to finalize the investigation of the case of the kidnapping of the Romanian journalists by the 25th of September.

A note written in Arabian by Omar Hayssam and addressed to his family, in which he suggests he might commit suicide in case no one helps him to get out of prison, has become an evidence of the file and a reason for requesting the extension of the bench warrant on the name of the Syrian.

A coincidence or not, yesterday, when the text of that confidential note appeared in the press, the Appeal Court changed the rules a little and the Syrian was allowed to have the press present at his hearings for a few moments. However, no pictures.

As for the troubling note, which was found during a control of the bag with the Syrian’s laundry (which was to be taken over by his family), we discussed with one of Omar’s lawyers, Viorel Spanu. The note, written in Arabian, has been found in the ear of the bag. In it, Omar was asking his brothers to "sacrifice" and "take the responsibility" for the terrorism acts he is accused of or to go to the "other plan and to the solving of the situation using force and threats, which means the exchange everyone talked about before". The prosecutor used this as an explanation of the reasons for the extension of Omar Hayssam’s bench warrant, says Mediafax.

Jurnalul National: Mister Spanu, what is the story of this note?
Viorel Spanu: It is a note that was found on the 5th of August in the bags. It was written in Arabian and the Prosecutor, who called Omar Hayssam and me last week to show it and read it to us, translated it. I have seen this as a strictly private correspondence between Omar Hayssam and his family, which shouldn’t have been made public and used as a count in the file. The thing is that the text of this file shouldn’t have appeared in the press under any circumstances.

I still believe this was private correspondence, determined by the fact that he didn’t have any confidentiality conditions, he wasn’t allowed to meet us or his family. The arrest rules say there will always be someone guarding you even if you are reading the newspaper. Therefore, the rules of the Police arrest, which belong to the Ministry of Internal Affairs, are totally different than the rules in the penitentiaries, which belong to the Ministry of Justice.

Is this part of the file?
This note is part of the file. This morning, when we went to the Court of Appeal, it was in Arabian, the original, and its translation.

A STATEMENT

Speaking of statements recorded in the file. The famous statement of Mohammad Munaf, which resulted in a lot of comments in the past days, is recorded in the file in the way the press said?
It is a statement made on the 27th of July, if I’m not mistaking, in Iraq, no matter the location, when he was investigated by the Romanian Prosecutor in the presence of a lawyer, Mrs. Budusan.

Is she hired by anyone?
I cannot answer this question, because it wasn’t written in the file and I couldn’t know whether anyone hired her. Anyway, the statement is signed and stamped on every file by our colleague, Budusan.

Let’s go back to Hayssam’s note. Is there any possibility that it was written under the pressures of someone?
I don’t have enough statements to answer this question. This is a very delicate issue. He sends his thoughts to the family, he is concerned about the children, about taking the best out of the things he still owns in order to help his children.

How do you comment Hayssam’s statement according to which he would be prosecuted with "the evidences they have" against him?
He says this: he will be prosecuted due to the evidences they have, probably thinking that the evidences he requested wouldn’t turn out, which means he would prosecuted based only the evidences they have now.

Which are the evidences you requested?
We have a list with the evidences we requested: the hearing of several people (family or not, officials which he contacted in the days before his arrest, servants from the Presidency, from the Ministry of External Affairs). We made a complete request, and we will supplement it. We might file in a supplement with an evidence request today.

Who is that person who is referred to in the note as the one that should "sacrifice" instead of Hayssam?
When you read these lines of the note, you should also think about his health condition and about the fact that there is no such legal possibility. So, you should also consider this.

AT THE RIGHT TIME

Isn’t this note a gift from the skies for the defendant lawyer? Doesn’t this prove Hayssam’s moral instability?
We will be able to make this kind of comments at the right time. I thought they were some childish, infantile requests, which cannot result into anything and which could rarely be taken as serious. At a certain time, during the trial, there will be a connection between his behavior expressed in this note and the medical documents he owns, the diagnoses of the doctors, because there isn’t any other explanation.

Well, you know the President said he was OK, and his certificates weren’t correct.
If the President was a very good doctor in the same way he is a worthy leader… The people are free to believe he is qualified to make such statements. Actually, let me tell you: of course, the President is "qualified" to say his opinion, taking into account he threatened the doctors, in case anyone wanted to help Hayssam…

Today, something new happened: Omar managed to talk in the presence of the press. Did he blame Munaf?
This is what he said: "I did something wrong, I am guilty, because I trusted my friend". He only said a few words. He said he wasn’t guilty and he trusted his friend. This is something he had said before. I will tell you something else: in this statement, the second one, the one that the Prosecutor brought now, Munaf talks about his brother in law in Baghdad, someone called Ibrahim. He also says Ibrahim was talking to Munaf and arranging things. Munaf, in order to get himself out of this, in order to save himself or to make this situation as easy as possible, appears as a good collaborator of the Prosecutors. He has to show he has good intentions and to support the accusations against Omar Hayssam.

I understand Petre Mihai Bacanu, from Romania Libera, and Dan Dumitru, from PrimaTV, will also be called for hearings.
Yes, them and there are some others, too.

And the investigation will end on the 25th of September?
If the prosecutor has enough strength to work in the country and to go to Baghdad for one more time, as he planned, and if he finishes the investigation, it is possible.
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