There are marked differences on how people are arrested, go to trial and convicted in Canada and China. I have read so many first hand accounts of Chinese arrest and torture that they are too numerous to mention. There are many common methods used in China, and common through numerous different areas of China. The differences are stark: Canada adheres to the Rule of Law, human rights and transparency, while China is very uncertain, oblique, and treated on a case-by-case, “Rule-is-law”, basis.
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Canada vs China: Arrest, Detention and Trial Differences
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Chinese human rights lawyer Xie Yang 谢阳, in undated photo (left), and Chinese government photo (2017 Mar 02) still in jail after over 1.5 years. Though he seems to have survived his 6 months of torture, he is obviously thin. I could hardly recognize him from his photo.
In January I had written about a Chinese lawyer Xie Yang 谢阳, who was tortured by Chinese police for 6 months, and has been in jail for over 1.5 years so far. Because his story has been widely published in the Western press, the Chinese government has started a a propaganda campaign against him and his lawyers, alleging Xie Yang’s story of torture was all made up by his lawyers, and is, as a Trumpism, “fake news”. His lawyer Chen Jiangang (陈建刚) has tried to refute this. I’m unsure about his other lawyer Liu Zhengqing (刘正清). New York Times
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Chen Jiangang, Lawyer of Chinese lawyer Xie Yang Defends Self
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Xie Yang, a Chinese Lawyer, tortured in Changsha, China, Jul 2015, is still in jail in the Changsha City Public Security No. 2 Detention Center. He has not been released.
Here I am, in Toronto, Canada, reading this translation about the torture of a Chinese lawyer, a human rights lawyer, Xie Yang 谢阳, in Changsha, China. I’m just not used to this kind of abuse on another human being. Yes, I’m soft. Under Canada’s legal system, torture in order to get a conviction would lead to the exclusion of all documents and evidence gained while under torture. This is just and fair. Evidence gained while using torture cannot be considered credible nor truthful. When someone fears for their life or the lives of their family and friends, they will admit to anything if pushed sufficiently hard. Truth is more important than just getting a conviction, as you may be convicting the wrong person.