The recent decision by a Chinese court to sentence Canadian Robert Schellenberg to death has led many international observers to claim that the decision is a political one, part of Beijing’s ongoing diplomatic pressure campaign against Canada over its detention of Meng Hanzhou, a senior Huawei executive and daughter of the company’s founder. Schellenberg’s sentencing comes after two other Canadians, Michael Kovrig and Michael Spavor, were arrested in December.
If this were true, it would add to the horrific realisation that the People’s Republic of China is fundamentally changing for the worse. It would – as Donald Clarke, a professor of Law at George Washington Law School has stated – indicate that “China views the holding of human hostages as an acceptable way to conduct diplomacy”. Now it appears that it is willing to sentence one to death.
According to his analysis, a number of features stand out that support the idea that the retrial of Schellenberg is related to Ms Meng. These include the original delay in trial and sentencing – he was arrested in 2016, after all – which might indicate that the evidence was weak, but that courts didn’t want to embarrass the police by throwing it out. Second, it is very rare for a retrial to find heavier punishment was merited (Schellenberg appealed after being handed 15 years in the first trial). Third, the retrial was rescheduled very hastily, with the punishment being handled down in only 20 minutes. Finally, it is odd that of all the individuals indicted in the original case of drug smuggling, Schellenberg had the smallest supposed role. It makes his sentencing particularly repugnant.