Source: OT-Team(G), 新华社, 环球时报
At a regular press briefing on February 9, China's Ministry of Foreign Affairs responded to questions regarding reports that a death sentence involving a Canadian citizen had been overturned.
AFP: China has overturned the death sentence of Canadian Robert Lloyd Schellenberg, according to a Canadian official and Schellenberg's lawyer. Does the Foreign Ministry have comments on this decision? Can it be seen as a signal of improving relations between China and Canada?
Lin Jian: We've learned that relevant Chinese judicial authorities recently reviewed the death penalty case and issued a ruling. For anything specific, I'd refer you to competent authorities.
Let me stress that Chinese judicial authorities handle the case and make the ruling independently in accordance with the law.
Background of the case
According to multiple media reports, the case involves Canadian national Robert Schellenberg, who was detained in China in 2014 on suspicion of drug smuggling. In 2018, he was found guilty and initially sentenced to 15 years in prison.
In January 2019, following a retrial, a court sentenced him to death. In August 2021, the Liaoning Provincial High People's Court ruled to uphold the death sentence and submitted the case to the Supreme People's Court (SPC) for review, as required under Chinese law for death penalty cases.
Schellenberg's lawyer, Zhang Dongshuo (phonetic), has said the SPC recently overturned the lower court's death sentence and that the case will be sent back to the Liaoning Provincial High People's Court for retrial. He indicated that, given the seriousness of the original ruling, the possibility of a final acquittal appears low.
Canadian officials have acknowledged awareness of a decision in the case but have not publicly discussed specifics, citing privacy considerations. Canadian authorities have stated they continue to provide consular services to Schellenberg and his family.
Under China's legal system, all death sentences must be reviewed and approved by the Supreme People's Court, and cases can be remanded for retrial if the top court determines further examination is necessary.
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