US embassy cable - 02KATHMANDU411

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, Tibetan Refugees 
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