Execution of Chinese Prisoner May Proceed In Spite of Alleged Procedural Irregularities

Wo Weihan, a Chinese citizen, was detained in January 2005 and sentenced on May 27, 2007, by the Beijing No. 2 Intermediate People's Court to execution on charges related to military espionage for Taiwan and endangering state security, according to press reports (see November 22 Reuters report, for example). On March 24, 2008, the Beijing High People's Court affirmed the conviction and death sentence. Under Chinese law, Mr. Wo's sentence was subject to final review by China’s Supreme People's Court. Mr. Wo’s daughter was quoted in a November 26 Agence France-Presse report as saying that she has been told by a Chinese court official that her father's "death sentence has been confirmed by the Supreme Court, so the execution could be very soon....We think it could be tomorrow (Thursday)." The Washington Post on November 26 reported word of a possible delay, but also reported that, after Mr. Wo's daughter and wife meet with him on the morning of November 27, the execution could proceed at any time.

Accused of providing Taiwan information about Chinese missiles and the health of China's senior leaders, Mr. Wo allegedly confessed, but later recanted, saying his confession was coerced, according to his family and others, as reported in the international press (see November 26 Los Angeles Times report, for example). The Chinese government regards the health of its leaders as a "state secret." The Los Angeles Times report cites claims that authorities denied Mr. Wo access to a lawyer for 10 months following his arrest, and that evidence used against him was not made available for his defense. Other reports have noted alleged procedural irregularities and questions that have been raised about whether Mr. Wo received a fair trial in accordance with international standards.

According to an April 22 report in the Los Angeles Times, a spokesperson for the U.S. Embassy in Beijing was quoted last April as saying: "(w)e stressed that there are serious questions regarding the proceedings used to convict Wo and urged a full and fair review of the lower court decision....The embassy has further called for any future proceedings to be conducted in a manner that is both transparent and consistent with Chinese law and international human rights norms." According to a November 26 Associated Press report, the U.S. Embassy in Beijing issued a statement saying, "(w)e have expressed repeatedly and at high levels our serious concern about the lack of transparency and due process regarding

Mr. Wo's case," and further indicated that it is "deeply disturbed" by reports of the approval of Mr. Wo's execution, describing his sentence as "disproportionately severe." Diplomats from the United States, France, Austria, and the Czech Republic have urged the Chinese government to reconsider Mr. Wo's fate, the Los Angeles Times reported on November 26. Mr. Wo's family learned on November 25 that they had been granted permission to visit him on November 27. They have been unable to visit him since 2005.

As noted in the Commission's recently-released 2008 Annual Report, the Chinese government treats the number of executions it carries out as a "state secret." For further information on the death penalty, state secrets, and related issues in China, see "Capital Punishment," "Fairness of Criminal Trials," "Access to Counsel and the Right to Present a Defense," in Section II - Rights of Criminal Suspects and Defendants, and Section II – Freedom of Expression in the Commission's 2008 Annual Report.

UPDATE (2008-12-02): The Chinese government executed Mr. Wo on November 28, the day after his first visit with his family since 2005, as reported in the Associated Press, Bloomberg, and the Washington Post.

According to a November 28 declaration by the Presidency on behalf of the European Union, "(t)he European Union condemns in the strongest terms the execution of Wo Weihan." The United States was "deeply disturbed" by the execution and noted that China’s handling of the case appeared to have fallen "far short of international standards for due process," according to a U.S. State Department spokesperson as quoted in a December 1 Associated Press report.

The Chinese government expressed “strong discontent and resolute opposition” to the international reaction to the execution saying in direct response to the EU statement that "(t)he accusation against the Chinese judiciary is a direct interference in China's judicial sovereignty, tramples the spirit of the rule of law and undermines the basis of healthy development of bilateral talks on human rights," according to a statement by a Foreign Ministry spokesperson on December 1 and reiterated in a December 2 report in the state-run China Daily.