Identifier
Created
Classification
Origin
03KATHMANDU91
2003-01-17 11:38:00
CONFIDENTIAL
Embassy Kathmandu
Cable title:  

THREE MORE TIBETANS JAILED IN NEPAL

Tags:  PREF PGOV PHUM NP 
pdf how-to read a cable
This record is a partial extract of the original cable. The full text of the original cable is not available.
C O N F I D E N T I A L KATHMANDU 000091 

SIPDIS

STATE FOR SA/INS
LONDON FOR POL/REIDEL

E.O. 12958: DECL: 01/16/2013
TAGS: PREF PGOV PHUM NP
SUBJECT: THREE MORE TIBETANS JAILED IN NEPAL


Classified By: Ambassador Michael Malinowski for reasons b,d.

C O N F I D E N T I A L KATHMANDU 000091

SIPDIS

STATE FOR SA/INS
LONDON FOR POL/REIDEL

E.O. 12958: DECL: 01/16/2013
TAGS: PREF PGOV PHUM NP
SUBJECT: THREE MORE TIBETANS JAILED IN NEPAL


Classified By: Ambassador Michael Malinowski for reasons b,d.


1. (SBU) Summary: Nepali Immigration Courts have sentenced
three Tibetans to three years' imprisonment for failure to
pay fines and visa fees resulting from their illegal presence
in Nepal. UNHCR and the Office of Tibet have objected to the
sentences, saying that the three Tibetans were on their way
to India, and should have been handed over to UNHCR as
"persons of concern." End summary.


2. (U) Three Tibetans, including two teenagers, have been
sentenced to approximately three years in jail for failure to
pay immigration fines handed down by Nepali courts on January

8. Yanglha Tso (age 15),Samdup (age 15) and Tashi (age 30)
were arrested on December 13, 2002 in Boudha, a predominantly
Tibetan area of Kathmandu. Nepal's Department of Immigration
determined that the three were illegally present in Nepal and
fined them each a total of 29085 NRs (372 USD). Unable to
pay the fines, the three have been sentenced to "serve off"
the amount at a rate of 25 NRs per day. The total sentence
is approximately three years imprisonment.


3. (U) According to Wangchuk Tsering, the Dalai Lama's
Representative in Nepal, the three Tibetans crossed the
border from Tibet without documentation approximately two
weeks before their arrest, intending to transit to India.
After traveling to Kathmandu, they stayed for approximately
three days in Boudha, a predominantly Tibetan area of the
capital, before they were picked up by police. The Home
Ministry told PolOff that the three Tibetans were in
violation of Nepali immigration law, which does not allow
Tibetans to settle in Nepal, and indicated to Tsering that
the three had overstayed an unspecified "time limit."
However, Tsering asserts that the Tibetans had no intention
to stay. "They simply didn't know where to go," he said in a
phone conversation with PolOff. "They had just arrived, and
were trying to find out how to get to India."


4. (C) UNHCR has spoken to the GON on several occasions,
reminding them of the "gentleman's agreement," under which
GON authorities have informally agreed to report newly
arrived Tibetans seeking transit to India to UNHCR for
processing as "persons of concern." However, UNHCR
Protection Officer Cecilia Becker indicates that the GON has
been uncooperative in this case. The GON has not explained
why police did not call UNHCR when they first encountered the
Tibetans, nor why they did not release them once it was
learned that they had only been in Nepal for a short time and
were seeking to transit to India.


5. (U) The arrests bring the total number of Tibetans
currently in jail for failure to pay immigration fines to
twelve, though the number may soon drop back to eleven. Two
of the eleven refugees arrested last year have been released
following payment of their fines by German philanthropic
organizations, and UNHCR told PolOff that a third is likely
to be released under the same circumstances on Monday.


6. (C) Comment: These three arrests mark another step
backward in the formerly cooperative relationship that UNHCR
has enjoyed with the GON. Reported comments about a "time
limit" for Tibetans transiting to India are worrisome
indications that the "gentleman's agreement" is being
increasingly ignored by the GON. Perhaps most worrisome are
reports from UNHCR that the current Director of Immigration
(DOI),appointed in November, has hinted that he does not
believe that any such agreement exists. (Note: The
Kathmandu respresentative of the International Campaign for
Tibet has confirmed that the DOI told him very bluntly that
"no such agreement exists." End note.) Post has called upon
the Home Ministry to reinforce the GON's commitment to the
"gentlemen's agreement," and will continue to express our
support for UNHCR's efforts to facilitate the travel of
legitimate asylum seekers on their way to India.
MALINOWSKI