China downplays execution
- Source: Global Times
- [04:07 December 30 2009]
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Akmal Shaikh did not provide relevant materials proving him to have a mental illness, according to the SPC.
According to Chinese laws, only once an applicant provides solid proof for possible mental illness would the court decide whether an examination is necessary.
"There is no reason to cast doubt on Akmal Shaikh's mental state," the SPC said.
Shaikh was caught carrying 4 kilograms of heroin at Urumqi airport after arriving on a flight from Tajikistan in September 2007. Capital punishment was ruled in the first instance last year and his final verdict came in October after two failed appeals.
"The evidence was certain and the facts were clear" of Shaikh's drug smuggling, a crime that was "extremely serious," the SPC said, adding that criminals are subject to punishment regardless of their nationality.
Trafficking more than 50 grams of heroin is a crime punishable by death in China.
Liu Renwen, a researcher of criminal law at the Chinese Academy of Social Sciences, said mentally ill patients are exempt from criminal responsibilities only when they cannot recognize or control their actions, according to China's Criminal Law.
"In this case, however, these is no legal basis for exemption and reduction of criminal responsibility. Is it possible that a person with 4 kilograms of heroin didn't realize what he was doing?"
The British government's strong reaction is due to different understandings of capital punishment application, but it is within a country's judicial sovereignty to decide whether to maintain or abandon the death penalty, Liu said.
"With the increase of trans-border crimes, conflicts caused by different judicial systems will rise as well, which demand cooperation and mutual understanding from both sides," Liu said.
Liu Tao, a professor of criminal law at the Chinese People's Public Security University, said, "Jurisdiction is a part of national sovereignty. It is undisputed that Shaikh should be subject to China's law since he committed the crime in China."
A country's legal system should be compatible with national circumstances, he said, saying China retaining capital punishment is a reasonable decision at the moment.
In recent years, an increasing number of foreigners have been held in China for crimes including robbery, fraud, drug and women trafficking and illegal immigration.
In 2002, a South Korean man was executed for trafficking 800 grams of narcotics, and a Myanmar citizen was sentenced to death in 2004 by the Sichuan High Court for trafficking 3.67 kilograms of drugs.
In 2007, a court in southwestern city of Kunming passed the death sentence on another Myanmar national for trafficking 31.5 kilograms of heroin. A Japanese citizen was sentenced to death in 2007 for trafficking 1.25 kilograms of crystal meth.
Kang Juan contributed to this story
