SUPPORT FOR SPAVOR
Feds reach out to allies
If China taking on Canada in a diplomatic war seemed like picking on a child, Canada is relying on friends to bolster its retort after Calgary's Michael Spavor was sentenced to 11 years in prison in what critics call a “preordained” trial dictated by China's Communist government.
In a show of support for Canada's contention that Spavor's conviction for espionage was the result of unfair judicial process and political interference, diplomats from 25 countries stood beside Canadian officials outside of Canada's embassy in Beijing, declaring that the world is watching.
Spavor, 45, has already been detained for almost 1,000 days, and on Wednesday, a court in northeastern China told him he will likely remain so for much longer, although how much longer is unknown.
Despite his 11-year sentence and a fine, the court also said he would be deported but did not specify if that might happen prior to the completion of his sentence or only at the end. Canada is seeking clarity on the issue.
Prime Minister Justin Trudeau condemned the court's decision, and the actions of the Chinese government.
“China's conviction and sentencing of Michael Spavor is absolutely unacceptable and unjust,” Trudeau said Wednesday.
“The verdict for Mr. Spavor comes after more than two-and-a-half years of arbitrary detention, a lack of transparency in the legal process, and a trial that did not satisfy even the minimum standards required by international law.
“For Mr. Spavor, as well as for Michael Kovrig, who has also been arbitrarily detained, our top priority remains securing their immediate release.”
Dominic Barton, Canada's ambassador to China, spoke afterwards with Spavor, who wanted him to share his gratitude for his supporters, and for people to know: “I am in good spirits,” and “I want to get home.”
Spavor's family said the verdict was an unfortunate but necessary step in returning him home to Canada.
“Michael's life passion has been to bring different cultures together through tourism and events shared between the Korean peninsula and other countries, including China and Canada. This situation has not dampened, but strengthened his passion,” a statement from the family said.
Foreign Affairs Minister Marc Garneau said Canada will appeal his sentence; Canada's response leans heavily on reaching out to global friends.
“Canada is moved by the demonstration of solidarity from our international partners. Many couldn't attend the verdict, but representatives from over 25 countries stood shoulder to shoulder with their Canadian colleagues at our embassy in Beijing yesterday. I've also personally been in touch with close allies over the past few days on this matter.”
Condemnation hit China from countries big and small.
U.S. Secretary of State Antony Blinken publicly called on China to “immediately and unconditionally” release Spavor and Kovrig.
“We continue to condemn these arbitrary detentions as well as the sentence imposed against Mr. Spavor on August 10. Mr. Spavor and Mr. Kovrig have not received the minimal procedural protections during their more than two-and-a-half-year arbitrary detention,” Blinken said in a written statement.
“The United States also remains deeply troubled by the lack of transparency surrounding these legal proceedings and joins Canada in calling for full consular access to Mr. Spavor and Mr. Kovrig.”
Blinken said he raised the cases, along with other cases involving Canadian and American citizens facing arbitrary detentions and exit bans in China, adding they are being used by China to push a national agenda.
“People should never be used as bargaining chips,” Blinken said.
The European Union's Foreign Affairs and Security Policy Service complained of the opaque process of Spavor's case.
“The trial was held behind closed doors. He was not permitted to appoint lawyers of his choice, and consular access while in custody was heavily restricted,” an EU spokeswoman said.
Critics have called the Canadians' detentions “hostage diplomacy.”
The arrest and prosecution of Spavor, along with the almost concurrent arrest of Kovrig, a former Canadian diplomat, are widely seen as a response from the Chinese government after Meng Wanzhou, the chief financial officer of Chinese telecom giant Huawei, was detained in Canada at the request of the United States.
Meng, 49, is wanted in the U.S. on allegations she misled banks about Huawei's relationship with another company, putting the bank at risk of violating American economic and trade sanctions against Iran. The charges are denied by both Meng and Huawei, the Chinese technology firm founded by her father, Ren Zhengfei.
A decision in Meng's case is expected in the autumn.
China has rejected accusations the cases of the Canadians in China are linked to Meng's case in Canada.
The harsh verdict for Spavor was fully expected by most observers.
Guy Saint-Jacques, a former Canadian ambassador to China, said Spavor's fate was a political decision not a legal one, as the ruling Chinese Communist Party “is above the law.”
“It confirms also that his trial was preordained as evidence was not shared with the defence and lasted only a few hours.” He called the known evidence “flimsy at best.”
Spavor was based near the China-North Korea border. Although detained in December 2018, it wasn't until June 2020 that he was charged with espionage and faced a secret trial in March in the city of Dandong, across a river from North Korea.
Kovrig, who worked as a researcher for the International Crisis Group, also had a secret trial in March. It is not known when Kovrig will be sentenced but SaintJacques believes it will be soon and will be similar to Spavor's.
Saint-Jacques, who was Canada's ambassador to China from 2012 to 2016 and is a fellow at the China Institute at the University of Alberta, said Canada pushing for a loud international response is the right move, especially with limited other options.
The public solidarity from other diplomatic missions “is significant,” he said.
“Ottawa has to continue to work with capitals to have official statements from
THE TRIAL WAS HELD BEHIND CLOSED DOORS. HE WAS NOT PERMITTED TO APPOINT LAWYERS OF HIS CHOICE.
these countries plus ask them to démarche the Ministry of Foreign Affairs in Beijing.”
He said Canada and other nations need to re-evaluate the pending 2022 Winter Olympics being hosted in Beijing.
The Chinese court's note that Spavor should also be deported could open a crack for negotiation, he said.
China's embassy in Ottawa issued a statement saying comments from Trudeau and Garneau about Spavor's case are “extremely unreasonable, extremely absurd, and extremely arrogant.”