TEN TIBETAN REFUGEES' ASYLUM REQUEST PASSED OVER

C O N F I D E N T I A L KATHMANDU 000411

SIPDIS

GENEVA FOR RMA
BEIJING PASS CHENGDU
LONDON FOR POL/RIEDEL

E.O. 12958: DECL: 02/21/2012
TAGS: PREF PHUM PREL NP
SUBJECT: TEN TIBETAN REFUGEES' ASYLUM REQUEST PASSED OVER

REF: 01 KATHMANDU 1768

Classified By: A/DCM Michael S. Hoza; Reasons 1.5 (B),(D).


1. (C) Nepal's Home Ministry declined to include the names of
ten Tibetan refugees held on immigration violations in a
letter to the King recommending candidates for a royal
amnesty. Traditionally the King grants amnesty to prisoners
on auspicious occasions, including the February 19 Democracy
Day. As a constitutional monarch, the King acts on
recommendations for amnesty presented by the Home Ministry.
The King himself can neither add nor delete names, and merely
rubber-stamps the list, sources close to the Palace told us.


2. (C) All ten refugees had initially crossed into Nepal from
Tibet, had been interviewed by UNHCR in Kathmandu, and had
been transported to India under the supervision of UNHCR and
Nepalese immigration officials. Eight of the ten were
arrested at a check point after re-entering Nepal from India
for the purpose of returning to Tibet and were charged with
the lack of legal travel documents (Reftel). With the
assistance of the Dalai Lama's Representative to Nepal,
lawyers for the ten Tibetans prepared petitions to the Home
Ministry requesting amnesty. (Note: Some press accounts
give the number of jailed Tibetans seeking amnesty as eleven.
An eleventh individual, a woman, was originally part of a
group of nine (eight of the ten) caught by Nepali authorities
in late August. Suffering from psychological trauma, she was
immediately hospitalized and as a result was never formally
charged with a crime. She continues to receive medical
attention in Nepal under the watchful eye of UNHCR. End
Note.) However, the ten names were not included on the Home
Ministry's list of candidates for the Febuary amnesty.


3. (C) Poloff contacted Home Ministry officials repeatedly to
ask that the Tibetans' request be considered, Acting DCM
discussed the case with a Home Ministry Joint Secretary, and
Ambassador Malinowski sent a letter to the Home Minister
February 15 urging him to consider including the names on the
list of candidates for amnesty as a way to reaffirm Nepal's
commitment to human rights and the protection of refugees.
The Embassy and UNHCR also informed the Home Ministry,
repeatedly, that these were individuals of concern to UNHCR.
Post will continue to raise the issue of the ten individuals'
detention. The King will next grant an amnesty on the
occasion of his birthday in July.
MALINOWSKI