YASIN MALIK VISA

C O N F I D E N T I A L SECTION 01 OF 02 NEW DELHI 006806 SIPDIS DEPT FOR CA/VO/L/C, CA/VO, SA/INS HQ BICE ATTN OIE 428 PROGRAM E.O. 12958: DECL: 08/31/2015 TAGS: CVIS PREL PTER IN SUBJECT: YASIN MALIK VISA REF: A. NEW DELHI 4689 ¶B. NEW DELHI 6691 ¶C. NEW DELHI 6787 Classified By: Ambassador David Mulford for Reasons 1.4 (B, D) ¶1. (SBU) Action Request: Post recommends that Department either authorize Post to issue a visa or that Washington issue a 212(d)(3)(A) waiver of nonimmigrant visa ineligibilities as appropriate for Yasin MALIK (DOB: 3 April 1965),President of the Jammu and Kashmir Liberation Front (JKLF),to attend the Organization of the Islamic Conference (OIC) meeting in New York on September 19-23 and seek medical treatment in Washington DC. We have submitted Malik's application details through VISAS DONKEY cable NEW DELHI ¶6787. NOTE: Given the political sensitivities surrounding Malik's case, we request that, once Washington agencies make a decision on Malik's case, they INFORM US FIRST and authorize us to brief the GOI before/before the decision is communicated to Malik or the public. End Action Request. Our Policy Analysis -------------- ¶2. (C) As the president of the oldest and most prominent Kashmiri separatist organization, Malik can play a large role in the peace process in Kashmir and between India and Pakistan. Malik could also have an influence on the peace talks between PM Singh and moderate Kashmiri separatists that are set to start September 5. Although the GOI has confined its invitation to the September 5 dialogue to the Mirwaiz-led moderate wing of the All-Party Hurriyat Conference (APHC), the possibility exists that Malik may also be invited to participate in dialogue at a later date given his moderate views. The GOI considers him important enough to the Delhi-Srinagar peace talks that it allowed him to travel to Pakistan last spring as part of the delegation of moderate separatists who met with GOP and Pakistani Kashmir officials (Ref A). The internal New Delhi-Srinagar dialogue contributes to progress in the ongoing New Delhi-Islamabad peace process (Ref B). Our Recommendation -------------- ¶3. (C) We should do whatever we can to advance peace between the two most important powers in South Asia -- also two of our critical partners in the war on terrorism and extremism. Malik's non-violent views resonate in Kashmir, as evinced by the 1.5 million signatures he collected on a petition calling for an independent Kashmir through non-violent means. His transformation from a terrorist to a political activist is a useful example of a committed militant channeling his ideology into more acceptable tactics. Although Malik was no saint in the past, we should not obstruct his travel to New York, where he may advance the cause of peace in J&K by urging moderation at the OIC meeting. Were we to refuse his visa, it could become a political issue here, and may serve to harden Malik's political positions. Why Malik is going to the US -------------- ¶4. (SBU) Malik plans to attend a meeting of the OIC in New York on September 19-23, where his advocacy of peaceful dialogue in Kashmir may provide a positive influence. He would like to travel to the US on September 15 for the OIC event. He also intends to visit Washington following the OIC meeting for a medical checkup. Malik had a tympanomastoidectomy and a follow-up operation in Bethesda, MD in March and September 2001 on his right ear. Due to continuing problems of hearing acuity, his local physician recommends an evaluation and possible additional surgery from the same health provider who treated him in 2001 (Dr. Sanjay Prasad, Camalier Building, 10215 Fernwood Rd, Suite 301, Bethesda, MD 20817). HMG, GOI Reaction Positive -------------- ¶5. (C) We have heard from Yasin Malik that the UK government issued him a visa September 1 for travel to the UK en route to his engagements in the United States. We have also spoken with Wajahat Habibullah, who is a senior GOI official privy to most things Kashmiri. Habibullah said he personally supports Yasin,s visa application, and believes that, while the GOI would frown upon Yasin,s attendance at the OIC gathering, it would likely not/not block him from traveling. Habibullah (STRICTLY PROTECT) said he sounded out a selection of his key GOI counterparts, and is now more convinced the GOI would not block Malik from travelling, but stressed we should not take his opinion as an official decision. Background -------------- ¶6. (C) Malik is a former terrorist who committed acts of violence under the banner of Kashmir liberation, but since his release from prison in 1994 has renounced violence. His faction of the JKLF also renounced violence in 1995, preferring to pursue peaceful methods to achieve an independent Kashmir. He was jailed in India from 1990 to 1994, and suffers health problems as a result. ¶7. (SBU) Malik is the subject of 3 "00" Department hits in the Consular Lookout and Support System, and one "3B" hit for his previous violent activities. He has a prior visa issued in 2001. ¶8. (U) Post POCs are POL Jai Nair or CONS Bill Bartlett. ¶9. (U) Malik's classified bio is available by doing a Google search for "Malik" on New Delhi's SIPRNET secure website: (http://www.state.sgov.gov/p/sa/newdelhi/) MULFORD