​China’s ‘assurances’ not good enough for extradition

Minister of Justice Amy Adams should not extradite a New Zealand resident to China because she can’t rely on that Government’s assurances that it will not subject him to torture or the death penalty, the Green Party says.

Minister of Justice Amy Adams should not extradite a New Zealand resident to China because she can’t rely on that Government’s assurances that it will not subject him to torture or the death penalty, the Green Party says.

Minister Adams confirmed today that Kyung Yup Kim, who has been a New Zealand resident for 26 years, will be extradited to China. She said her decision was made off the back of “assurances” from the Chinese Government that he would receive a fair trial and would not face the death penalty.

“There is no way the Minister can actually guarantee Mr Kim will receive a fair trial, won’t be tortured and won’t be subject to the death penalty,” said Green Party human rights spokesperson Marama Davidson.

“New Zealand has signed up to the United Nations Convention against Torture and as such we are not supposed to send people to countries where they could be tortured by the state*.

“Just last week, the United Nations said that ‘the practice of torture and ill-treatment is still deeply entrenched in the criminal justice system’ in China.

“In light of that, there is no way Amy Adams can say that Mr Kim will definitely not be tortured or face the death penalty, and so he must not be extradited.

“The National Government has a poor record of standing up for human rights when it believes that taking a stand will interfere with our international trade relationships.

“The Prime Minister refused to challenge Saudi Arabia about its practice of executing innocent women and children, and it seems extremely unlikely that Amy Adams will stand up to China – our second biggest trading partner.

“If a person commits a crime, they must face a trial, but the trial must be fair and punishment must be proportionate,” said Ms Davidson.

*Article 3 of the UN Convention against Torture
No State Party shall expel, return ("refouler") or extradite a person to another State where there are substantial grounds for believing that he would be in danger of being subjected to torture. For the purpose of determining whether there are such grounds, the competent authorities shall take into account all relevant considerations including, where applicable, the existence in the State concerned of a consistent pattern of gross, flagrant or mass violations of human rights.

Latest Human Rights Announcements

Story

Disability-assist dog Bill to have first reading today

After being delayed due to lockdown, Ricardo Menéndez March’s Members Bill to ensure that disabled New Zealanders do not face discrimination for ha...
Read More

Story

Green Party condemn violent displacement of Palestinians

The Green Party condemns the violent and forced displacement of the Palestinian Sheikh Jarrah community of East Jerusalem by Israeli forces and set...
Read More

Story

Greens welcome US support for People’s Vaccine

The Green Party strongly supports today’s commitment by the United States joining the call to waive the morally indefensible pharmaceutical patents...
Read More

Story

Air NZ’s possible assistance to Saudi military ships committing atrocities in Yemen appalling

The Green Party strongly condemns the revelation that Air New Zealand may have provided assistance and maintenance to Saudi Arabian vessels involve...
Read More

Democracy, human rights, and te Tiriti of Waitangi

Aotearoa can have a flourishing democracy with te Tiriti o Waitangi as its foundation. We can be proud of our democracy compared to many other coun...
Read More

Story

Green Party warmly welcome Behrouz Boochani

The Green Party warmly welcomes Kurdish-Iranian refugee Behrouz Boochani, who has been granted refugee status in Aotearoa.
Read More