UN intervenes in man’s possible extradition

care in custody in China.

Ellis expects the process before the United Nations to take about three years.

He believes it is the first time the human rights committee has granted an interim measure in a New Zealand case.

New Zealand would be breaching its obligations under an international treaty if it did not abide by the interim measure, he said.

Kim, 47, denied being involved in the death of Peiyun Chen, 20, in December 2009 in Shanghai.

He is a South Korean citizen, but came to New Zealand with family when he was 14 and has two children born here. He lives in Auckland.

His UN complaint alleged his rights, under the international covenant on civil and political rights, had been breached in several respects in the extradition process so far.

Kim was arrested at China’s request in 2011.

He spent more than five years in custody and more than two years effectively under house arrest. Since being accused of ‘‘intentional homicide’’ Kim has been diagnosed with a small brain tumour. He has liver and kidney disease, depression and thoughts of suicide.

He fears he will be tortured if he is sent to China and will not get a fair trial in a system that is reported to have a conviction rate of more than 99.9%.

Ellis said he had spoken to Kim on Tuesday. ‘‘He is very relieved that he has got the UN interim measure and he can relax a little.’’

The extradition decision rests with the Minister of Justice – a portfolio that moved to Kiri Allan last week after Kris Faafoi retired from politics. In the last days of his term as minister, Faafoi declined to stop Kim’s extradition on health grounds. Ellis said he would now approach Allan to ask her to reconsider Kim’s case.

In April the Supreme Court said Faafoi had reasonable grounds for relying on China’s assurances.