US embassy cable - 03THEHAGUE1627

C O N F I D E N T I A L THE HAGUE 001627 
 
SIPDIS 
 
DEPARTMENT FOR WHA/CCA, PRM/A, DRL/CRA, H. 
 
E.O. 12958: DECL: 06/12/2013 
TAGS: CU, NL, PHUM, PREF, PREL, PGOV 
SUBJECT: DUTCH TO DEPORT CUBAN ASYLUM APPLICANT ON JUNE 30 
 
REF: A. (A) E-MAILS: 
        WITMER/HENSHAW/SHEARER/MARJENHOFF/HAWLEY 
     B. (B) SHEARER/HENSHAW E-MAIL 6/20/03 
     C. (C) SHEARER/SHEEHAN E-MAIL 6/23/03 
 
Classified By: Political Counselor Mary E. Daly for reasons 1.5(b) and 
(d). 
 
1. (U) This is an action request.  See para 6. 
 
2. (C)  Embassy received a letter from United States Senator 
Bob Graham on June 18 requesting action on behalf of a 
constituent regarding a Cuban citizen who had applied for 
asylum and was being held in detention in The Netherlands. 
Dutch government officials informed PolOff that the asylum 
applicant, JOSE MANUEL VARGAS MARTIN, was denied asylum and 
will be deported to Cuba on June 30.  GoNL officials informed 
PolOff that, at any time before his deportation on June 30, 
Martin would be allowed to travel to any third country that 
either issued him a valid visa or provided official 
verification that Martin would be allowed entry to a third 
country if transported to a border crossing. 
 
3. (C)  Martin applied for a visa at the Embassy of Costa 
Rica, where he apparently has family ties. The Costa Rican 
Embassy forwarded his application to San Jose on June 20. 
PolOff spoke with the Costa Rican ConOff (protect source), 
who indicated that San Jose will likely not/not issue a visa 
since Martin arrived in The Netherlands without a passport or 
other valid photo identification.  Martin has not/not applied 
for a U.S. visa. 
 
4. (C)  UNHCR informed PolOff that UNHRC will not entertain 
VARGAS MARTIN's refugee application based on the fact that 
the GONL determined he did not have a legitimate asylum 
claim.  UNHCR also told PolOff that the applicant is 
represented by legal counsel and lost an appeal of the asylum 
decision. 
 
5. (SBU) The letter forwarded to post by Senator's Graham's 
office (on behalf of his stepmother Ada Maria Pastran Vargas) 
indicates that VARGAS MARTIN will be persecuted upon return 
to Cuba, partially because of his former relationship with 
current Miami NBC reporter Joaquin Torres Alvarez.  Post has 
no additional information regarding a credible fear of 
persecution. 
 
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Action Request 
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6. (C) Embassy The Hague requests Department guidance on this 
case.  Does the Department have any additional information to 
provide to the GoNL that could influence his case?    Please 
advise what, if any, alternative recourse may be available in 
the United States and whether Department wishes to respond 
directly to Senator Graham or have post do so. 
SOBEL