Canadian drug smuggler
Robert Lloyd Schellenberg’s death penalty enjoys broad support from the Chinese
public and legal experts insist that the sentence is appropriate and does not
violate the principle of no additional punishment on appeal.
Schellenberg was sentenced to death by the Intermediate People’s Court of
Dalian, Northeast China’s Liaoning Province at Monday’s retrial, 16 days after
the Liaoning Provincial High People’s Court sent back the case.
In his first trial, he was sentenced on November 20, 2018 to 15 years in
jail for smuggling 222.035 kilograms of meth.
During Monday’s retrial, prosecutors presented new evidence which showed
that Schellenberg not only was the prime culprit of drug smuggling but was also
engaged in organized international drug trafficking. Based on that, the court
announced that the verdict does not violate the country’s principle of no
additional punishment on appeal.
The verdict stirred Chinese social media, with many netizens saying that
anyone should abide by Chinese laws when in China.
Some people said mercy to drug dealers equals infringement on the rights
of millions of Chinese people. “We should safeguard the dignity of our law
and support the decree of justice and not be afraid of any pressure,”
wrote one Sina Weibo user.
Schellenberg’s attorney Zhang Dongshuo told the Global Times on Tuesday
that the defendant decided to appeal.
The verdict violates the principle of no additional punishment on appeal,
Zhang said.
According to China’s Criminal Procedure Law, if the defendant filed an appeal
and the second-instance court sent it back for retrial, the court of the
original trial may not aggravate the defendant’s penalty unless the prosecutors
provide new evidence.
Pei Zhaobin, dean of law school of Dalian Ocean University who attended
the trial, said that the prosecutors provided evidence to prove Schellenberg
had participated in organized international drug trafficking as a prime
culprit.
The evidence is new criminal facts, which means that the latest verdict
does not violate the principle, Pei said.
The court also said in terms of the nature, plots and harm to society of
Schellenberg’s crimes, the death penalty does not violate the principle.
Pei stressed that the death penalty verdict is legal and appropriate,
reflecting the determination and intensity of China’s severe crackdown on drugs.
According to Pei, Schellenberger has the right to appeal. If the
second-instance court upholds the original judgment, the death penalty must be
reported to the Supreme People’s Court for review. The Supreme People’s Court
will conduct a comprehensive review of the case and decide whether to approve
the death penalty.
This also reflects China’s policy of retaining the death penalty and
strictly controlling and carefully applying the death penalty, he said.
Schellenberg has been convicted of drug-related offenses previously, said
Canadian-based newspaper Globe and Mail.
In April 2012, he was sentenced by a B.C. Supreme Court judge to 16 months
and 12 days in prison after pleading guilty to possessing cocaine and heroin
for the purpose of trafficking. He had also pleaded guilty to simple possession
of cannabis and methamphetamine, the Globe and Mail report said.
A court official from the Intermediate People’s Court of Dalian told the
Beijing-based Legal Daily newspaper on Tuesday that the retrial conforms to
legal procedures.
Prosecutors submitted the supplementary indictment on January 2 and the
court sent a copy to Schellenberg’s lawyer the same day, the official said.
Serious
crimes
Canadian Prime Minister Justin Trudeau has accused China of
“arbitrarily” applying the death sentence on the Canadian’s case.
Foreign Ministry spokesperson Hua Chunying slammed such remarks as lacking the
spirit of the rule of law.
“Drug crimes are considered globally as serious crimes. All countries
have severely cracked down on drug crimes, and so does China. Everyone is equal
before the law and this is the spirit of the rule of law,” Hua told
Tuesday’s routine press briefing.
“We express our strong dissatisfaction. We urge the Canadian side to
respect the rule of law, respect China’s judicial sovereignty and stop publishing
irresponsible remarks,” she said.
The Foreign Ministry and the Chinese Embassy in Canada on Tuesday reminded
Chinese citizens to fully assess the risks of travel in Canada and travel
cautiously to Canada.
Chinese analysts stressed that the large amount of meth smuggled is the
reason for Schellenberg’s death penalty and China holds zero tolerance toward
this and will strive to fight anyone – foreigner or Chinese – involved in
drug-related activities.
According to China’s law, one could be sentenced to death for smuggling
over 50 grams of meth.
Chinese authorities cracked down on 1,481 relevant crimes and 1,876
foreign suspects were arrested for drug activities in China in 2016 alone,
China’s National Narcotic Control Commission revealed in 2017.
In December 2009, China executed convicted drug smuggler Akmal Shaikh of
the UK for smuggling 4,030 grams of heroin.
Similarly, then Philippine president Benigno Aquino III wrote a letter to
China to request for the commutation of the sentence of a female Philippine
drug smuggler in 2013, who had been arrested for smuggling more than 6
kilograms of heroin into China in January 2011.
CNN reported on Tuesday that in the past, Westerners often enjoyed lighter
sentences for such crimes – and better treatment in detention – to ease
diplomatic relations and avoid international criticism. But as China’s economic
and political influence grows, the age of leniency for Westerners just might
have expired.
“Many foreign nationals awaiting execution come from countries with
good relations with Beijing, demonstrating that – outside the West –
China makes no exceptions for drug offenders, whatever the diplomatic
cost,” said CNN.
An annual report by Amnesty International said at least four countries
executed people for drug-related offenses in 2017. Aside from China, the others
are Iran, Saudi Arabia and Singapore.
