Yesterday, the Chinese government held a espionage trial against Michael Spavor. A trial caricature. Quite clearly, the two Canadians are hostages. The threatening imprecations of the Chinese authorities and the trade retaliatory measures against Canada show that the government of Xi Jinping does not hesitate to adopt a rogue behavior in international relations. The trial of the two Michael’s, as it is commonly called, poses two essential questions: What is Canada’s place in the new Cold War that is emerging between China and the United States? And, what policy should Canada exercise towards China?
1. What are Chinese prisons like?
Chinese prisons are among the worst. In his autobiography, In the empire of darknessLiao Yiwu, an opponent who spent four years in Chinese jails, describes in detail the atrocious conditions there. Before their trial, prisoners are locked up to more than 20 people in cramped cells, with only one bucket as a toilet. They are subjected to the terror of caïds who invent the most abject punishments. The interrogation sessions of prisoners are sometimes accompanied by torture. The prisoners are beaten by the guards. The goal is to make them crack so that they sign confessions. Prison conditions improve after the trial, but they remain very harsh. The two Michael’s have slightly more comfortable conditions, but the psychological pressure is probably still intense.
2. How are the trials conducted?
Lawsuits are rudimentary in most cases. Several indications suggest that the death penalty remains the sanction most often pronounced in criminal trials. Often times, defense lawyers cannot even challenge their client’s guilt. If they do so despite everything, they risk losing their right to practice. There is no cross-examination of witnesses, no challenge to the evidence, but simply a presentation of the evidence gathered by the investigators. The trials are thus generally very short.
3. Are the judges independent?
Chinese judges are not independent. Chinese leaders tout the lack of division between legal, executive and legislative powers. This division does not exist because the Chinese Communist Party controls the entire legal apparatus. Thus, the judges are, for the most part, members of the Chinese Communist Party, and they must obey the Party’s directives without fail.
4. Are the espionage accusations credible?
The espionage charges are not credible. In China, it is very easy to be accused of espionage. For example, holding a document that must not leave China (Neibu) is punishable by sanctions. However, these documents are often over-the-counter books in bookstores. In addition, Canada sends virtually no spies abroad. Its strength is rather counter-espionage.
5. Why does Justin Trudeau speak so little?
Canada’s room for maneuver is low. The PM cannot intervene in the Meng Wanzhou case which is before the courts. While elections may be near, he does not want to risk alienating part of public opinion of Chinese origin. Above all, the case primarily concerns China and the United States. But obviously Xi Jinping only understands the hard way. In any case, this sham trial makes him lose face.