US embassy cable - 05NEWDELHI6806

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, Kashmir 
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