UNHCR LAWYER SKETCHES OUT POSSIBLE END GAME FOR CUBAN DOCTORS

C O N F I D E N T I A L SECTION 01 OF 02 HARARE 003164 SIPDIS DEPT FOR PRM A/S TAFT, PRM/A, PRM/AAA, AF/S, AF/PD, CONFIDENTIAL PAGE 02 HARARE 03164 01 OF 02 131457Z WHA/CCA NAIROBI FOR REFCOORD AND INS ROME FOR INS LONDON FOR PFLAUMER E.O. 12958: DECL: 06/13/10 TAGS: PREF PGOV PHUM PREL ZI CU SUBJECT: UNHCR LAWYER SKETCHES OUT POSSIBLE END GAME FOR CUBAN DOCTORS REF: HARARE 3162 CLASSIFIED BY DCM EARL M. IRVING FOR REASONS 1.5 B/D. ¶1. (C) A DOWNCAST MICHIEL SALOMONS (PROTECT) BRIEFED DCM ON JUNE 13 ON WHAT HE VIEWS AS A WORSENING OUTLOOK FOR THE RESOLUTION OF THE CASES OF CUBAN DOCTORS LEONEL CORDOVA RODRIGUEZ AND NORIS DEL CARMEN PENA MARTINEZ. SALOMONS, WHO CONTINUES TO GET THE RUNAROUND FROM ZIMBABWEAN AUTHORITIES, ALSO SPECULATED THAT THE UNITED NATIONS HIGH COMMISSIONER FOR REFUGEES (UNHCR) IN GENEVA MIGHT DROP THE CASE. HE EXPLAINED THAT UNHCR HEAD OGATA HAD VISITED HAVANA RECENTLY IN AN EFFORT TO SECURE CUBA'S ACCESSION TO THE 1951 CONVENTION CONCERNING REFUGEES. MS. OGATA FOUND FIDEL CASTRO IMPRESSIVE, ACCORDING TO SALOMONS. CASTRO IN TURN PROMISED MS. OGATA "HUNDREDS" OF CUBAN DOCTORS TO ASSIST UNHCR, A DANGLED ATTRACTION WHICH MAY NOW BE INFLUENCING MS. CONFIDENTIAL PAGE 03 HARARE 03164 01 OF 02 131457Z OGATA'S PROFESSIONAL AND IMPARTIAL VIEW OF THE FATE OF THE DOCTORS BEING HELD IN LOCAL DETENTION. ¶2. (C) SALOMONS ALSO TOLD US THAT HE HAD BEEN INFORMED THAT THE QUESTION OF THE RELEASE OF THE CUBAN DOCTORS COULD BE BROUGHT BEFORE THE CABINET IN ITS REGULAR WEEKLY MEETING ON JUNE 13. IF THE CABINET DOES NOT ACT ON IT TODAY, SALOMONS THOUGHT IT WOULD ONLY RETURN TO THE ISSUE OF THE CUBANS' PLIGHT AFTER THE ELECTIONS. HE SPOKE OMINOUSLY OF A CUBAN TRANSPORT PLANE BEING MOVED FROM GABON TO ZIMBABWE IMMINENTLY TO FORCIBLY REPATRIATE THE PAIR TO CUBA. ¶3. (C) SALOMONS THOUGHT THAT IF THE U.S. REALLY WISHED TO GRANT ASYLUM TO THE CUBANS, THEN IT SHOULD ENGAGE DIRECTLY WITH PRESIDENT MUGABE, BECAUSE HE BELIEVED CASTRO WAS ALREADY DOING SO. LEFT TO UNHCR, THE CASE MIGHT GO TWO WAYS. ZIMBABWE WOULD GRANT TO THE UNHCR "MANDATE STATUS", MEANING THE UN COULD RETURN THE PAIR TO CUBA, RELYING ON THE CUBAN GOVERNMENT'S PUBLIC PROMISE THAT NO HARM WOULD BEFALL THEM AS THEY HAD COMMITTED NO CRIME, OR, THE PAIR COULD BE SETTLED IN A THIRD COUNTRY. EVEN THOUGH SALOMONS HAD ARGUED THAT THE TWO CUBANS WERE BONA FIDE REFUGEES, HE THOUGHT THE USG �A;WOULD HAVE TO PRESS UNHCR HARD TO ESTABLISH THAT THEY HAD A WELL-FOUNDED FEAR OF PERSECUTION IF RETURNED TO THEIR HOMELAND. SALOMONS STATED THAT THE CUBANS HAD BEEN MODEL CITIZENS IN CUBA AND THAT THEIR CLAIM FOR REFUGEE STATUS ONLY AROSE AFTER THEY MADE ANTI-CASTRO REMARKS TO THE NEWSPAPERS IN ZIMBABWE. FINALLY, SALOMONS PROPOSED A "LOCAL SETTLEMENT", IN, WHICH THE CUBANS MIGHT BE CONFIDENTIAL PAGE 04 HARARE 03164 01 OF 02 131457Z ALLOWED TO REMAIN IN ZIMBABWE NOT FOR TWO WEEKS, BUT FOR PERHAPS A YEAR, AS HAD BEEN THE CASE WITH CUBAN DOCTORS WHO DEFECTED IN VENEZUELA. ¶4. (C) IN WHAT WE VIEW AS A POSSIBLE FURTHER MUDDYING OF THE WATERS, THE TEACHER (MADZIYA) WITH WHOM THE CUBANS HAD BEEN STAYING TELEPHONED THE EMBASSY TODAY. HE TOLD US THAT A POLICE SERGEANT CHIDHARARA AT GOROMONZI DETECTION CENTER HAD BEEN IN TOUCH TO REQUEST THAT MADZIYA TURN OVER THE CUBANS' PASSPORTS, MONEY AND ANY OTHER BELONGINGS IN HIS POSSESSION. HE DID NOT STATE IF THE REASON BEHIND HIS REQUEST WAS AN IMPENDING DEPARTURE FROM ZIMBABWE, OR A LIKELY EXTENDED STAY AS A GUEST OF HIS FACILITY. ¶5. (C) COMMENT: SALOMONS CAME LATE TO THE REALIZATION OF THE SERIOUSNESS OF THE CASE, AS EVIDENCED BY HIS OFFHAND COMMENT TO INS OFFICER VARSANI THAT HE WAS SURPRISED BY THE AMOUNT OF PUBLICITY THAT THE CUBANS' CASE HAS GENERATED. SALOMONS APPEARS UNABLE TO ANTICIPATE OR DECIPHER THE POLITICAL ENDGAMES BEING PLAYED BY THE GOVERNMENT, AND UNFORTUNATELY HIS MALADROITNESS TRANSLATES INTO ANOTHER WEAK LINK IN THE CHAIN. NEVERTHELESS, WE CANNOT RULE OUT THE POSSIBLE SCENARIOS HE HAS OUTLINED, OR THE VALIDITY OF HIS CONFIDENTIAL CONFIDENTIAL PTQ5987 PAGE 01 HARARE 03164 02 OF 02 131457Z ACTION PRM-01 INFO LOG-00 NP-00 AF-00 AID-00 ACQ-00 CIAE-00 SMEC-00 INL-01 DODE-00 DOEE-00 ANHR-00 WHA-00 SRPP-00 DS-00 EB-00 EUR-00 OIGO-02 FBIE-00 VC-00 H-01 TEDE-00 INR-00 IO-00 L-00 VCE-00 AC-01 NEA-00 NSAE-00 NSCE-00 OIC-02 OMB-01 OPIC-01 PA-00 PM-00 PRS-00 ACE-00 P-00 SP-00 SSO-00 STR-00 TRSE-00 USIE-00 IIP-00 PMB-00 DSCC-00 DRL-02 G-00 NFAT-00 SAS-00 /012W -------------- 6248A3 131458Z /38 O 131502Z JUN 00 FM AMEMBASSY HARARE TO SECSTATE WASHDC IMMEDIATE 6302 INFO USINT HAVANA IMMEDIATE COMMISSIONER USINS WASHDC IMMEDIATE AMEMBASSY NAIROBI AMEMBASSY LONDON AMEMBASSY LUSAKA AMEMBASSY OTTAWA AMEMBASSY PRETORIA AMEMBASSY ROME USMISSION GENEVA AMEMBASSY CAIRO AMEMBASSY ABIDJAN C O N F I D E N T I A L SECTION 02 OF 02 HARARE 003164 SIPDIS DEPT FOR PRM A/S TAFT, PRM/A, PRM/AAA, AF/S, AF/PD, CONFIDENTIAL PAGE 02 HARARE 03164 02 OF 02 131457Z WHA/CCA NAIROBI FOR REFCOORD AND INS ROME FOR INS LONDON FOR PFLAUMER E.O. 12958: DECL: 06/13/10 TAGS: PREF PGOV PHUM PREL ZI CU SUBJECT: UNHCR LAWYER SKETCHES OUT POSSIBLE END GAME FOR CUBAN DOCTORS INFORMATION REGARDING MS. OGATA AND FACTORS AFFECTING HER ACTIONS. END COMMENT. MCDONALD CONFIDENTIAL >