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Canadian citizen Robert Lloyd Schellenberg has received a significant reprieve following a recent ruling by China’s Supreme People’s Court, which has annulled his previous drug trafficking conviction and mandated a retrial. This development raises hopes for Schellenberg, who faced the death penalty in connection with his 2019 conviction, a sentence that will no longer be pursued.
Supreme Court Ruling Offers New Hope
Mo Shaoping, the lead lawyer representing Schellenberg, confirmed the Supreme Court’s decision in an interview conducted in Mandarin. He stated that the high court has sent the case back to the Liaoning Higher People’s Court for a comprehensive retrial, which will be overseen by a fresh panel of three judges. Importantly, Mo assured that the death penalty would not be reconsidered in this new round of proceedings.
While the exact date for the retrial remains unspecified, Mo anticipates that the process could take approximately three months. He noted that upon notification of the retrial, Schellenberg appeared considerably relieved, suggesting that the mental toll of his situation had lessened significantly.
Ongoing Support from Canadian Officials
Following the Supreme Court’s ruling, Zhang Dongshuo, a colleague of Mo, met with Schellenberg to discuss the decision. The meeting also included representatives from the Canadian Embassy, which has been maintaining regular contact with Schellenberg, visiting him monthly to ensure his well-being.
Mo, a renowned human rights lawyer in China, highlighted that according to Chinese legislation, any death sentence must receive approval from the Supreme People’s Court. In Schellenberg’s case, the review of his death sentence had been an extensive process lasting four and a half years before the recent ruling on February 6, which was first reported by the New York Times. This development followed a visit to Beijing by Canadian Prime Minister Mark Carney, marking the first official visit by a Canadian leader to China in eight years.
Background on the Case
Schellenberg’s troubles began in 2018 when he was arrested for attempting to smuggle over 200 kilograms of methamphetamine from China to Australia. Initially sentenced to death in November 2019, the case drew international attention and raised alarms about China’s treatment of foreign nationals in its judicial system, especially following the execution of four other Canadians.
The overturning of Schellenberg’s sentence comes amid heightened scrutiny of China’s legal practices, particularly concerning capital punishment and its implications for foreign nationals.
Why it Matters
The decision to overturn Robert Lloyd Schellenberg’s death sentence and initiate a retrial is significant not only for him personally but also for Canada-China relations. It signals a potential shift in how the Chinese judiciary interacts with foreign citizens and raises critical questions about human rights practices in China. As Schellenberg prepares for his retrial, the outcome could have lasting repercussions for diplomatic ties and the treatment of Canadians abroad, opening a broader dialogue about human rights and judicial equity in international contexts.
