The resolution of the Meng Wanzhou extradition case has sparked concerns about the fate of Canadian Robert Schellenberg, who was sentenced to death in China following the arrest of the Huawei executive. Schellenberg initially received a 15-year prison term in China in Nov. 2018 for alleged drug smuggling. However, his sentence was escalated to death in 2019, shortly after Meng’s detention in Vancouver.
With Meng’s extradition concluded and her return to China, there are speculations that Schellenberg might have his death penalty commuted. Jerome Cohen, founder of New York University’s U.S.-Asia Law Institute, anticipates that China’s Supreme People’s Court could suspend Schellenberg’s death sentence for two years in response to Meng’s return. This could lead to a new sentence, potentially a life term or reverting to the original 15-year sentence.
Donald Clarke, a Chinese law specialist at George Washington University, emphasized that the Supreme People’s Court has the authority to reject the death sentence and opt for the previous sentence. Clarke highlighted that with Meng’s freedom, there may be no need to execute Schellenberg, indicating a possible change in his sentence.
The strained relations between Canada and China, particularly after Meng’s arrest and the subsequent detention of Michael Kovrig and Michael Spavor, have been a contentious issue. The release of the two Michaels following Meng’s deferred prosecution agreement with U.S. authorities raised accusations of hostage diplomacy by China. Schellenberg’s case gained political significance only after his sentence was enhanced to the death penalty in connection to Meng’s arrest.
Schellenberg was convicted of involvement in an international drug trafficking ring, where he allegedly conspired to smuggle methamphetamine from China to Australia. Despite assertions of innocence, his sentence was increased to death due to new evidence presented during a retrial in Jan. 2019. The Liaoning high court upheld this decision, and the case is under review by the Supreme People’s Court.
Charles Burton, a senior fellow at the Macdonald-Laurier Institute, highlighted the lack of judicial independence in China, emphasizing that the fate of Schellenberg is subject to the Chinese Communist Party’s directives. Burton expressed concerns about the potential execution of Schellenberg as a response to Meng’s detention, indicating complex diplomatic implications.
It remains uncertain whether Schellenberg’s death sentence will be commuted or reduced to life imprisonment. Wenran Jiang, director of the China Institute at the University of Alberta, suggested that China might not easily offer leniency given the domestic implications. The fate of Schellenberg now hinges on diplomatic efforts by the Canadian government to advocate for a reduction in his sentence to avoid further strain on Canada-China relations.
